Subpart C
Yes — a complainant may withdraw their complaint at any time before objections to the findings or preliminary order are filed by submitting a written withdrawal to the Assistant Secretary. The Assistant Secretary will decide whether to approve the withdrawal and will notify the named person of any approval. See 1979.111(a).
If the withdrawal is because of a settlement, the settlement itself must be approved in accordance with 1979.111(d). That means the settlement must follow the procedures for either an investigative settlement or an adjudicatory settlement depending on the stage of the case. See 1979.111(a) and 1979.111(d).
Yes — the Assistant Secretary may withdraw findings or a preliminary order before the 30-day objection period expires and substitute new findings or a new preliminary order. When substituted findings or an order are issued, the date the substituted document is received starts a new 30-day objection period. See 1979.111(b) and the 30-day objection period in 1979.106.
A party may withdraw objections at any time before the findings or order become final by filing a written withdrawal with the administrative law judge, or with the Board if the case is on review; the judge or Board will decide whether to approve the withdrawal. If the objections are withdrawn because of a settlement, that settlement must be approved per 1979.111(d). See 1979.111(c) and 1979.111(d).
An investigative settlement is an agreement reached after a complaint is filed but before the findings and/or order are objected to or become final by operation of law; it is allowed if the Assistant Secretary, the complainant, and the named person all agree to the settlement. The parties must obtain the Assistant Secretary's agreement because the settlement is reached during the Assistant Secretary's investigatory phase. See 1979.111(d)(1).
An adjudicatory settlement is any settlement reached after objections to the Assistant Secretary's findings and/or order have been filed; it must be approved by the administrative law judge if the case is before the judge, or by the Board if a timely petition for review has been filed. A copy of the settlement must be filed with the judge or the Board as appropriate. See 1979.111(d)(2).
Once approved by the Assistant Secretary, the administrative law judge, or the Board, the settlement becomes the final order of the Secretary and can be enforced under 1979.113. That means the settlement terms carry the same enforcement weight as any final Secretary's order. See 1979.111(e) and 1979.113.
An investigative settlement requires agreement from the Assistant Secretary, the complainant, and the named person. All three parties must consent before the settlement can proceed. See 1979.111(d)(1).
A copy of an adjudicatory settlement must be filed with the administrative law judge if the case is before the judge, or with the Board if a timely petition for review has been filed with the Board. Filing ensures the approving authority can review and approve the settlement. See 1979.111(d)(2).
Yes — substituting new findings or a new preliminary order restarts the objection period; the new 30-day objection period begins on the date the substituted findings or order are received. The original 30-day period is described in 1979.106. See 1979.111(b).
If the case is on review by the Board, you file the written withdrawal of objections with the Board, which will then determine whether to approve the withdrawal. See 1979.111(c).
Approved settlements become final orders of the Secretary and may be enforced under 1979.113. That means the settlement terms can be executed and enforced in the same manner as other final orders under the statute. See 1979.111(e) and 1979.113.
The Assistant Secretary decides whether to approve a complainant's written withdrawal filed with the Assistant Secretary. After making the decision, the Assistant Secretary will notify the named person of any approval. See 1979.111(a).
No — a party may withdraw objections only before the findings or order become final; once the order is final, withdrawal of objections is no longer an available action under 1979.111(c). See 1979.111(c).
The key difference is who must approve: an investigative settlement requires the Assistant Secretary's agreement, while an adjudicatory settlement requires approval by the administrative law judge if the case is before the judge, or by the Board if a timely petition for review is pending. This reflects the case stage when the settlement is reached. See 1979.111(d)(1) and 1979.111(d)(2).
Yes — substituted findings or orders trigger a new 30-day objection period starting on the date of receipt, which implies parties receive the substituted findings; the Assistant Secretary must follow the process that restarts the objection period so affected parties have notice and time to respond. See 1979.111(b) and 1979.106.
The regulation requires a written withdrawal but does not prescribe a specific form; parties should include the case name/number, a clear statement that they are withdrawing the complaint or objections, the date, and signatures of the withdrawing party. Providing contact information and a brief reason (for the record) is also good practice. See 1979.111(a) and 1979.111(c).