Subpart B
You must file any objections or a request for a hearing within 30 days of receipt of the findings and preliminary order. See 1985.106(a) for the 30-day filing deadline and 1985.105 for procedures about receipt.
You must file your written objections and request for a hearing with the Chief Administrative Law Judge, U.S. Department of Labor, following the procedures in 29 CFR part 18. The rule requires filing with the Chief Administrative Law Judge; see 1985.106(a).
The date of filing is the postmark, facsimile transmittal, or electronic transmittal date; if filed in person or by hand-delivery, it is the date of receipt. The rule states these methods explicitly; see 1985.106(a).
Your written objection or hearing request must say whether you object to the findings, the preliminary order, and/or whether you seek an award of attorney fees for a frivolous or bad-faith complaint. The regulation requires the filing to state whether objections are to the findings, the preliminary order, and/or whether there should be an award of attorney fees; see 1985.106(a).
You must serve copies at the same time on all 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. The regulation lists these required recipients; see 1985.106(a).
If you file a timely objection, all provisions of the preliminary order are stayed except the portion requiring preliminary reinstatement, which is not automatically stayed. The rule explains that the preliminary order is stayed except for reinstatement provisions; see 1985.106(b).
Yes; the portion of the preliminary order requiring reinstatement becomes effective immediately upon the respondent's receipt of the findings and preliminary order, regardless of objections. See 1985.106(b).
A respondent can move the Office of Administrative Law Judges for a stay of the Assistant Secretary's preliminary order of reinstatement, but a stay will be granted only based on exceptional circumstances. The regulation allows a motion for stay and limits relief to exceptional circumstances; see 1985.106(b).
If no timely objection is filed, the findings and/or the preliminary order become the final decision of the Secretary and are not subject to judicial review. The regulation explains that failure to object makes the decision final and unreviewable; see 1985.106(b).
Yes; a respondent alleging the complaint was frivolous or brought in bad faith can request attorney fees under the CFPA by including a written request when filing objections or a hearing request. The regulation requires the request for attorney fees to be in writing as part of the objections or hearing request; see 1985.106(a).
Yes; electronic transmittal is considered the date of filing, so an electronic transmission filed within the 30-day deadline is timely. The regulation lists electronic transmittal as a recognized filing date; see 1985.106(a).
If you hand-deliver objections, the filing date is the date of receipt by the office; you should obtain proof of receipt because the regulation treats in-person filings as filed upon receipt. See 1985.106(a).
No; you must serve copies on the other parties of record, the OSHA official who issued the findings, the Assistant Secretary, and the Associate Solicitor at the same time you file with the Chief Administrative Law Judge. The regulation requires serving those copies in addition to filing; see 1985.106(a).
Yes; the portion of a preliminary order requiring preliminary reinstatement is effective immediately upon the respondent's receipt of the findings and preliminary order, unless a stay is granted for exceptional circumstances. The regulation directs immediate effectiveness for reinstatement absent a stay; see 1985.106(b).
Any party who desires review, including judicial review, may file objections or request a hearing, so complainants as well as respondents may file objections. The regulation refers to 'any party who desires review'; see 1985.106(a).
A stay of the Assistant Secretary's preliminary order of reinstatement will be granted only based on exceptional circumstances, so the standard is high and limited to extraordinary situations. The regulation sets this limited standard for granting a stay; see 1985.106(b).
The regulation requires the objection or hearing request to be in writing and to state whether the objections are to the findings, the preliminary order, and/or whether there should be an award of attorney fees; filings must also conform to filing procedures with the Chief Administrative Law Judge under 29 CFR part 18. See 1985.106(a) and 1985 for how this fits with the part.
You should present clear, compelling evidence of exceptional circumstances that justify delaying reinstatement, because stays will be granted only on that limited basis. The regulation requires exceptional circumstances for a stay of reinstatement; see 1985.106(b).
Yes; the regulation treats the date of the postmark as the date of filing, so a timely postmark within 30 days makes the filing timely even if received later. The rule lists the postmark as the filing date; see 1985.106(a).
Filing timely objections preserves your right to review, including judicial review; but if you do not file timely objections, the findings and/or preliminary order become the Secretary's final decision and are not subject to judicial review. The regulation explains that timely objections are necessary to avoid forfeiting judicial review; see 1985.106(b) and 1985.106(a).