Subpart B
You must file any objections and/or a request for a hearing within 30 days of receipt of the findings and preliminary order. The 30-day filing deadline is set forth in 1980.106(a) and applies to parties seeking review or respondents seeking attorney fees under the Act; see also 1980.105(b) for rules about receipt timing.
The date of postmark, facsimile transmittal, or electronic transmittal is considered the date of filing; filings made in person, by hand-delivery, or other means are filed upon receipt. This rule is specified in 1980.106(a).
The written objections or request for a hearing must state whether the objections are to the findings and/or the preliminary order and whether there should be an award of attorney fees. This content requirement is specified in 1980.106(a).
Objections must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and copies must be served on the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards. See 1980.106(a) for this filing and service requirement and consult 1980.105 for related procedures.
If a timely objection is filed, all provisions of the preliminary order are stayed except for the portion requiring preliminary reinstatement, which is not automatically stayed. This stay rule is described in 1980.106(b).
The portion of the preliminary order requiring reinstatement becomes effective immediately upon the respondent's receipt of the findings and preliminary order, regardless of any objections. This immediate-effect rule is stated in 1980.106(b).
Yes, a respondent may file a motion with the Office of Administrative Law Judges to request a stay of the Assistant Secretary's preliminary order of reinstatement, but a stay will be granted only based on exceptional circumstances. This procedure and standard are in 1980.106(b).
If no timely objection is filed with respect to either the findings or the preliminary order, the findings and/or preliminary order become the final decision of the Secretary and are not subject to judicial review. This finality rule is stated in 1980.106(b).
Yes, a respondent alleging the complaint was frivolous or brought in bad faith who seeks an award of attorney fees must include that request in the written objections and/or request for a hearing filed within 30 days. This requirement is in 1980.106(a).
Any party who desires review, including judicial review, of the findings and preliminary order may file objections and/or a request for a hearing within the 30-day period. This right to seek review by filing objections is described in 1980.106(a).
If the objection is filed in person, by hand-delivery, or other means, the filing is considered made upon receipt by the office, not by postmark or transmission date. This filing-timing rule is provided in 1980.106(a).
Objections must be filed with the Chief Administrative Law Judge in accordance with the procedural rules set out in 29 CFR part 18, so parties should follow those filing formats and service procedures in addition to the content and timing requirements of 1980.106(a).
Yes—when a timely objection is filed, all provisions of the preliminary order are stayed except the portion requiring preliminary reinstatement, which is not automatically stayed. See 1980.106(b).
Copies of the objections must be served on the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, at the same time the objections are filed with the Chief Administrative Law Judge. This service requirement is set out in 1980.106(a).
If you fail to file a timely objection within 30 days, the findings and/or preliminary order will become the final decision of the Secretary and will not be subject to judicial review, unless another regulation provides relief; this is the consequence described in 1980.106(b).