You must file any objections and/or a request for a hearing on the record within 30 days of receipt of the findings and preliminary order. See 1992.106(a) and the timeline reference to 1992.105.
Objections and requests for a hearing must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with the applicable procedures. See 1992.106(a).
Your written objections must state whether the objections are to the findings, the preliminary order, or both, and must state whether you are requesting an award of attorney fees. See 1992.106(a).
You must serve copies of your objections 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 1992.106(a).
The date of the postmark, facsimile transmittal, or electronic transmittal is considered the date of filing; if the objection is filed in person, by hand delivery, or other means, it is filed upon receipt. See 1992.106(a).
Yes — a respondent alleging that the complaint was frivolous or brought in bad faith may seek an award of attorney fees, but they must file the request for attorney fees together with their objections and/or request for hearing. See 1992.106(a).
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. See 1992.106(b).
No — the preliminary reinstatement requirement is effective immediately upon the respondent's receipt of the findings and preliminary order and is not automatically stayed by filing objections. See 1992.106(b).
A respondent may file a motion with the Office of Administrative Law Judges requesting a stay of the Assistant Secretary's preliminary order of reinstatement, but such a stay will only be granted based on exceptional circumstances. See 1992.106(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. See 1992.106(b).
Yes — OSHA and the Associate Solicitor for Fair Labor Standards may specify the means, including electronic means, for serving them with copies of the objections. See 1992.106(a).
If you mail an objection, the postmark date on the mailed piece is considered the date of filing. See 1992.106(a).
If you send objections by facsimile or electronic transmittal, the date of that transmission is considered the filing date. See 1992.106(a).
The 30-day period runs from your receipt of the findings and preliminary order, pursuant to the procedures referenced in 1992.105; you must file within 30 days of that receipt. See 1992.106(a).
Only if the respondent obtains a stay from the Office of Administrative Law Judges, and such a stay will be granted only on a showing of exceptional circumstances; otherwise the reinstatement requirement is effective immediately. See 1992.106(b).