Yes. Under 2200.74(a) a party is entitled to a reasonable period at the close of the hearing for oral argument, and that argument must be included in the hearing transcript.
Yes. Under 2200.74(a), any party is entitled to file a brief or proposed findings and conclusions only if the party makes a request to do so before the close of the hearing.
Yes. Under 2200.74(a), the Judge may permit or direct parties to file memoranda or statements of authority in lieu of briefs.
Briefs must be filed simultaneously on the date established by the Judge. This is required by 2200.74(b).
You must file a motion for extension at least 3 working days before the brief is due, and the motion must state that you conferred with the other parties about the extension, as required by 2200.74(b).
No. Reply briefs are not allowed except by order of the Judge, as stated in 2200.74(b).
Untimely briefs will not be accepted unless they are accompanied by a motion that sets forth good cause for the delay, as required by 2200.74(c).
A motion seeking acceptance of an untimely brief must set forth good cause for the delay, and the motion's form and content must comply with 2200.40, per 2200.74(c).
No. The entitlement to file a brief or proposed findings and conclusions under 2200.74(a) is conditioned on making the request before the close of the hearing.
Yes. 2200.74(a) requires that the party's reasonable period for oral argument at the close of the hearing be included in the hearing transcript.
The motion must recite that the moving party has conferred with the other parties about the extension, as required by 2200.74(b).
Yes. 2200.74(a) and 2200.74(b) give the Judge discretion to permit or direct filing of memoranda or statements of authority instead of briefs and to set the filing date and schedule.
You must follow the Judge's directions: if the Judge permits memoranda in place of briefs, the Judge will set the format and filing schedule, which you must follow, consistent with 2200.74(a).
No. 2200.74(b) states reply briefs are not allowed except by order of the Judge, so multiple reply briefs are not guaranteed and require judicial permission.
The motion must comply with the form and content requirements of 2200.40, as required by 2200.74(c).
Yes—if you can show good cause for the delay (for example, credible evidence that ongoing settlement negotiations prevented timely filing), a motion requesting acceptance of the untimely brief may be granted, but the motion must comply with 2200.40 and the requirement in 2200.74(c).
Yes, unless the Judge orders otherwise, briefs should still be filed simultaneously on the date established by the Judge per 2200.74(b).
No. The rule provides a party a reasonable period for oral argument at the close of the hearing and an opportunity to request filing briefs before the hearing closes, but it does not permit indefinite delay; scheduling and any extensions are controlled by the Judge as set out in 2200.74(a)–(c).
Best practice is to request the opportunity to file briefs and to reserve oral argument on the record before the hearing is closed, as required by 2200.74(a).
Yes. Motions for extensions or for acceptance of untimely briefs must comply with the form and content requirements of 2200.40, as required by 2200.74(c).
OSHA's September 27, 2004 letter explains OSHA's practice for posting certain settlement agreements and indicates that settlement agreements are public information subject to FOIA; this can be relevant when you are concerned about public posting of settlement documents, as discussed in the OSHA letter of interpretation at OSHA website citation postings | Sept. 27, 2004.