The complainant and the respondent are the required parties and must be served with copies of all documents in the case. Under 1992.108(a), the rule states that the complainant and respondent will be parties in every proceeding and must be served with copies of all documents.
Yes — the Assistant Secretary may participate as a party or as amicus curiae at any time and can petition for review of ALJ decisions and seek discretionary review of ARB decisions. The text in 1992.108(a)(1) explicitly grants the Assistant Secretary discretion to participate and to petition for review of Administrative Law Judge (ALJ) and Administrative Review Board (ARB) decisions, including matters involving settlement agreements.
Parties must send copies to OSHA and the Associate Solicitor only if OSHA requests them, if OSHA is participating in the proceeding, or when this part otherwise requires service on those offices. This requirement is stated in 1992.108(a)(2).
Yes — OSHA and the Associate Solicitor may specify the means, including electronic means, for service unless other rules before the OALJ or ARB provide otherwise. 1992.108(a)(2) allows OSHA and the Associate Solicitor for Fair Labor Standards to specify how they want documents served, and that can include electronic transmission, except where other rules of practice or procedure supersede.
No — parties do not have to serve OSHA on every filing unless OSHA has requested service, is participating in the proceeding, or the rules for that proceeding require service on OSHA. This limitation is set out in 1992.108(a)(2).
The Department of the Treasury may participate as amicus curiae at any time in the proceeding at its discretion. 1992.108(b) states Treasury can choose to join as amicus curiae whenever it is interested.
If the Department of the Treasury requests it, parties must send copies of all documents in the case to Treasury whether or not Treasury is participating. 1992.108(b) requires compliance with such a Treasury request.
When OSHA is participating, OSHA and the Associate Solicitor may specify the means of service, including electronic methods, and parties should follow the means specified unless other OALJ or ARB rules control. This direction comes from 1992.108(a)(2). Parties should confirm any specified format or transmission method and comply promptly.
Yes — the Assistant Secretary’s participation rights include the right to petition for review of ALJ decisions that approve or reject settlement agreements between the complainant and respondent. That authority is explicitly noted in 1992.108(a)(1).
If unsure, a party should confirm with OSHA or the Associate Solicitor whether service is required and, if instructed to serve, follow the specified means (including any electronic method). 1992.108(a)(2) makes such service conditional on OSHA's request or participation, so verifying avoids unnecessary filings and ensures compliance.
Yes — the complainant and respondent must be served with copies of all documents in the case, which includes filings by amici curiae or other parties, as required by 1992.108(a). Ensure service procedures are followed so both core parties receive those materials.
No — Treasury may request copies of all documents and, if it does, parties must send those copies whether or not Treasury is participating. The rule in 1992.108(b) requires production upon Treasury’s request regardless of participation.
Yes — the allowance for electronic service is subject to any rules of practice and procedure before the OALJ or ARB that may otherwise provide. 1992.108(a)(2) makes electronic service acceptable unless another procedural rule supersedes it, so parties should check applicable OALJ or ARB rules.
If the Assistant Secretary is participating, a party should serve documents on OSHA and the Associate Solicitor as instructed and should confirm the specific receiving office or address with OSHA. The general rule about serving OSHA when it participates is in 1992.108(a)(2). Parties should follow any specified means of service (including electronic methods) identified by OSHA or the Associate Solicitor.