Federal agencies' litigation role

The complainant and the named person are parties in every proceeding. See 1981.108(a)(1).

• This means those two identities are always formal participants in the case; the regulation names them as the required parties.

Yes. The Assistant Secretary may participate at the Assistant Secretary's discretion either as a party or as amicus curiae at any time and at any stage of the proceedings. See 1981.108(a)(1).

• This participation can include filing briefs, appearing in hearings, or asking for review of decisions.

Yes. The Assistant Secretary's right to participate expressly includes the right to petition for review of an administrative law judge decision, including decisions approving or rejecting settlement agreements. See 1981.108(a)(1).

• Practically, the Assistant Secretary can ask a reviewing court or authority to reconsider an ALJ ruling or a settlement approval.

Copies of pleadings in all cases must be sent to the Assistant Secretary, Occupational Safety and Health Administration, and to the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210, and that obligation applies whether or not the Assistant Secretary is participating in the proceeding. See 1981.108(a)(2).

• In other words, parties must send those copies for every filing, even if the Assistant Secretary chooses not to join the case.

Yes. The Secretary of Transportation may participate as amicus curiae at any time in the proceedings, at the Secretary's discretion. See 1981.108(b).

• Participation as amicus curiae means the Secretary of Transportation can submit information or arguments to the tribunal without being a direct party.

If the Secretary of Transportation requests them, copies of all pleadings in a case must be sent to the Secretary of Transportation whether or not the Secretary is participating in the proceeding. See 1981.108(b).

• The requirement is triggered by the Secretary's request; until such a request, the regulation does not impose an automatic delivery obligation to DOT.

Federal agencies may join or participate at any time and at any stage of the proceedings. See 1981.108(a)(1) and 1981.108(b).

• "Any time" covers early pretrial stages, hearings, and post-decision filings such as petitions for review.

Parties should include, with every filing in the proceeding, copies addressed to both the Assistant Secretary, Occupational Safety and Health Administration, and to the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210, to comply with the rule. See 1981.108(a)(2).

• Keep proof of delivery (certified mail receipt, email transmission confirmation if permitted, or courier tracking) so you can show compliance if there is a dispute.

The regulation states that the Assistant Secretary's participation rights include the right to petition for review; it does not require the Assistant Secretary to be a formal party prior to petitioning. See 1981.108(a)(1).

• That means the Assistant Secretary may exercise certain review rights as part of the discretion to participate, whether initially as amicus or later as a party.

No; 1981.108(b) authorizes the Secretary of Transportation to participate as amicus curiae at any time and to receive pleadings upon request, but it does not expressly grant a petition-for-review right. See 1981.108(b).

• If a party needs clarity about DOT's ability to petition, they should consult legal counsel or the applicable rules of the reviewing forum.

No. The regulation gives the Assistant Secretary the right to petition for review of an ALJ decision approving or rejecting a settlement agreement as part of the Assistant Secretary's discretionary participation; it does not require prior participation in settlement negotiations. See 1981.108(a)(1).

• In practice, the Assistant Secretary can seek review of a settlement approval even if the Assistant Secretary was not involved in the parties' settlement talks.

Yes. The regulation requires copies of pleadings in all cases to be sent to the Assistant Secretary and the Associate Solicitor; that requirement covers pleadings filed in the proceeding, which generally include complaints, motions, and other filings. See 1981.108(a)(2).

• Because the rule uses the broad phrase "pleadings in all cases," parties should treat each filing that advances the case as subject to the copy requirement.

This rule governs the role of federal agencies in litigation under procedures for handling discrimination complaints under section 6 of the Pipeline Safety Improvement Act of 2002 and is located at Part 1981, 1981.108. See also the Part 1981 index at 1981.

Yes. The regulation specifies that copies must be sent to the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. See 1981.108(a)(2).

• The rule provides the Department and ZIP code; parties should use current Department procedures or contact the Office for the correct street address or electronic submission method.

No. The Secretary of Transportation's right under 1981.108(b) to receive pleadings upon request is additional to the separate requirement that copies be sent to the Assistant Secretary and the Associate Solicitor in all cases. See 1981.108(a)(2) and 1981.108(b).

• So a party should send the copies required by (a)(2) regardless of any DOT request; if DOT requests copies, send those as well.

Appearing as amicus curiae means the agency can participate by submitting information, arguments, or briefs to the tribunal without being a direct party to the case. See 1981.108(a)(1) and 1981.108(b).

• Agencies acting as amici typically aim to provide policy context, technical expertise, or legal perspectives that may assist the decisionmaker.

No. The regulation states that each may participate "at any time" at their discretion, but it does not set specific time limits or deadlines for deciding to participate. See 1981.108(a)(1) and 1981.108(b).

• Parties should therefore be prepared for agency involvement at early or late stages of the case.

No. 1981.108(a)(2) requires that copies of pleadings be sent to the Assistant Secretary and the Associate Solicitor but does not set out methods for proving delivery. See 1981.108(a)(2).

• Because the regulation is silent on proof, parties commonly keep delivery records (certified mail, receipt acknowledgments, or electronic transmission confirmations) to document compliance.

No. The regulation gives each agency discretionary authority to participate "at any time" and does not list statutory conditions or limits on that participation within 1981.108 itself. See 1981.108(a)(1) and 1981.108(b).

• Other procedural rules or court practices may affect how an agency's participation is handled, but those are not specified in this section.

The regulation requires that copies be sent to the Secretary of Transportation only if the Secretary requests them; it does not prescribe an inquiry method. See 1981.108(b).

• Practically, parties should monitor case dockets and official notices and may contact the Office of the Secretary of Transportation or counsel for the Secretary to confirm any such request.