Subpart B
You must file objections and/or a request for a hearing within 30 days of receipt of the findings and preliminary order. See 1983.106(a) and the cross-reference to 1983.105 for the receipt requirement.
Objections and requests for a hearing must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, following the procedures in 29 CFR part 18. See 1983.106(a) and the general 1983 part for context.
Your written objection or hearing request must state whether your objections are to the findings, to the preliminary order, and/or whether you are requesting an award of attorney’s fees (if alleging the complaint was frivolous or brought in bad faith). See 1983.106(a).
When you file objections or a request for a hearing you must serve copies at the same time 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 1983.106(a).
The date of filing is the postmark date, the facsimile transmittal date, or the electronic transmittal date; if you file in person (hand-delivery or other means), the filing date is the date of receipt. See 1983.106(a).
If 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 1983.106(b).
No, the preliminary order’s reinstatement requirement is not automatically stayed; it becomes effective immediately upon the respondent’s receipt of the findings and preliminary order. See 1983.106(b).
A respondent can seek a stay by filing a motion with the Office of Administrative Law Judges (OALJ), but a stay will be granted only for exceptional circumstances. See 1983.106(b).
If no timely objection is filed with respect to either the findings or the preliminary order, the findings and/or the preliminary order become the final decision of the Secretary and are not subject to judicial review. See 1983.106(b).
A respondent who alleges the complaint was frivolous or brought in bad faith may request an award of attorney’s fees, and that request must be included in the written objections or request for a hearing filed within 30 days. See 1983.106(a).
Yes, objections filed by electronic transmittal or facsimile are considered filed on the date of transmittal, so they are timely if the transmittal date is within the 30‑day period. See 1983.106(a).
If you hand-deliver an objection, it is considered filed upon receipt by the Office (the actual date and time received), so late hand-delivery that is received after the 30‑day period would be untimely. See 1983.106(a).
Yes, filing timely objections and/or a request for a hearing preserves a party’s right to seek review, including judicial review; failing to file a timely objection generally forecloses judicial review because the findings and preliminary order become final. See 1983.106(a) and 1983.106(b).
Yes, objections and requests for a hearing must be in writing and filed with the Chief Administrative Law Judge in accordance with the procedural rules at 29 CFR part 18. See 1983.106(a) and the general 1983 context.
A timely objection to either the findings or the preliminary order triggers a stay of all preliminary order provisions except reinstatement; therefore a timely objection only to the findings will still stay the provisions other than reinstatement. See 1983.106(b).
Yes, any party who desires review, including judicial review, may file objections and/or a request for a hearing within the 30‑day period; the provision is not limited to respondents. See 1983.106(a).
The preliminary order’s reinstatement requirement takes effect immediately upon the respondent’s receipt of the findings and preliminary order, regardless of any objections. See 1983.106(b).
Yes, requests for attorney’s fees filed with objections or a hearing request must be served on the same list of parties: 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 1983.106(a).
After filing objections with the Chief Administrative Law Judge, the case proceeds under the adjudicative procedures in 29 CFR part 18, as referenced in 1983.106(a); consult those procedures for post‑filing steps.