2200 Subpart B
Yes — under 2200.22(a) any party or intervenor may appear through a non-attorney representative. Representatives must, however, file an appearance in accordance with 2200.23.
If a representative does not file an appearance, the party or intervenor is treated as appearing for itself. The rule states that a representative must file an appearance as required by 2200.23 and that, in the absence of such an appearance, the party will be deemed to appear for itself (2200.22(a)).
Yes — 2200.22(a) explicitly allows a corporation or unincorporated association to be represented by an authorized officer or agent, rather than requiring an attorney. That representative still must file an appearance in accordance with 2200.23.
No — 2200.22(b) says that when an authorized employee representative elects party status, affected employees who are members of that collective bargaining unit may not separately elect party status. See also the definition reference at 2200.1(g).
Yes — if the authorized employee representative does not elect party status, affected employees who are members of the collective bargaining unit may elect party status in the same manner as other affected employees, as stated in 2200.22(b) and 2200.22(c).
If more than one affected employee who is not in a collective bargaining unit elects party status, the Judge will provide for them to be treated as a single party. This is stated in 2200.22(c), which also points affected employees to the election procedure in 2200.20(a).
Affected employees use the election procedure set out in 2200.20(a), as referenced by 2200.22(c).
A party's representative is deemed to control all matters respecting that party's interest in the proceeding. 2200.22(d) makes clear that representatives speak and act for the party they represent.
No — once a representative has been recognized, the representative is deemed to control all matters respecting the party's interest in the proceeding under 2200.22(d); 2200.22(a) requires a representative to file an appearance under 2200.23, and the representative's actions and decisions control the party's participation in the proceeding.
Yes — the rule treats intervenors the same as parties: an intervenor may appear through a non-attorney representative, and that representative must file an appearance in accordance with 2200.23, as stated in 2200.22(a).
If the officer or agent has not filed the required appearance, the corporation will be deemed to appear for itself until an appearance is filed. 2200.22(a) requires a representative to file an appearance under 2200.23.
No — 2200.22(a) expressly allows any party or intervenor to appear through an attorney or any non-attorney representative, so there is no blanket requirement that representatives be licensed attorneys; the representative must still file the appearance required by 2200.23.
The term "authorized employee representative" is referenced and defined in 2200.1(g), which is explicitly cited by 2200.22(b) for cases involving collective bargaining unit representation.
Not all settlement agreements are posted publicly; OSHA posts major settlement agreements but most settlement agreements are not placed on the public web site, and those agreements remain subject to disclosure under the Freedom of Information Act. OSHA's letter of interpretation from September 27, 2004 explains that major agreements are posted while most are not and that settlement agreements are subject to FOIA and to the posting requirements of 29 CFR 2200.100(c) (see OSHA's interpretation at OSHA website citation postings).