2200 Subpart M
The Chief Administrative Law Judge may assign a case for Simplified Proceedings at the Chief Administrative Law Judge's discretion and the assignment is not mandatory. See Selection in 2200.203(a) for the exact discretionary language.
A party must submit a written request within 21 days of the notice of docketing and send the request to the Executive Secretary, with copies to each other party. The rule states that a simple written statement such as “I request Simplified Proceedings” is sufficient. See Party request in 2200.203(b).
The Chief Administrative Law Judge or the Judge assigned to the case must act on a party's request for Simplified Proceedings within 14 days of receiving the request. See Judge's ruling on request in 2200.203(c).
If a party requests Simplified Proceedings or the Judge assigns the case to Simplified Proceedings, the time for filing a complaint or answer under 2200.34 will not run while the request or assignment is pending. See Time for filing under 2200.203(d).
If a request for Simplified Proceedings is denied, the period for filing a complaint or answer begins to run when the Judge issues the notice denying Simplified Proceedings. See Time for filing under 2200.203(d) and consult 2200.34 for the substantive filing requirements.
No special form or exact wording is required; a short written statement like “I request Simplified Proceedings” is sufficient to satisfy the writing requirement. See Party request in 2200.203(b).
Yes, you must send copies of the written request to each of the other parties when you submit it to the Executive Secretary. The regulation requires copies be sent; failure to send copies may delay or complicate the record but the regulation itself only specifies that copies must be sent. See Party request in 2200.203(b).
Yes, the Chief Administrative Law Judge may assign an appropriate case for Simplified Proceedings at the Judge's discretion without a party request, and the Judge assigned to the case may also grant a party's request. See Selection in 2200.203(a) and Judge's ruling on request in 2200.203(c).
Section 2200.203(d) specifically pauses the time for filing a complaint or answer under 2200.34; other procedural deadlines are not addressed in 2200.203 and may be governed by other rules or the Judge's orders. See Time for filing under 2200.203(d).
A party must request Simplified Proceedings within 21 days of the notice of docketing. See Party request in 2200.203(b).
The regulation requires the Judge to act on the request within 14 days but does not specify a consequence for failure to act within that time; you should follow up with the Judge or Executive Secretary for status. See Judge's ruling on request in 2200.203(c).
The text of 2200.203 does not address withdrawal of a request, so while withdrawal may be possible, you should file a written notice of withdrawal with the Executive Secretary and serve all parties, and consult the Judge for any effects on timing. See 2200.203 for the rule on requests and assignments.
No, an oral request is not acceptable because the rule requires the request to be in writing. See Party request in 2200.203(b).
Section 2200.203 addresses only selection and timing for Simplified Proceedings; it does not alter substantive law, and any procedural changes are implemented by the Judge's order. See 2200.203 and consult the Judge's specific order for how procedures will differ in a particular case.
No, not all settlement agreements are posted; OSHA posts major settlement agreements and information that would be available under FOIA, but most settlement agreements are not placed on the OSHA website even though they may be subject to FOIA disclosure. See the OSHA letter explaining web posting practices at OSHA website citation postings | Sept. 27, 2004 and see 2200.203 for related posting requirements for settlement agreements in the Review Commission rules.