Subpart D
A judge or the Occupational Safety and Health Review Commission may grant a waiver. The rule expressly states that "the judge or the Commission may waive" provisions of this part after providing reasonable notice to the parties, so either decision-maker can act to waive a requirement when appropriate (Waiver in 2204.410).
The parties must receive reasonable notice before a waiver can be granted. The regulation requires "after reasonable notice to the parties" that the judge or the Commission may waive any provision for good cause, so parties must be informed in advance of the waiver action (Waiver in 2204.410).
A waiver may be granted only for good cause shown. The regulation says waivers are permitted "for good cause shown," meaning the party requesting the waiver must present a justified reason that persuades the judge or Commission to allow the change (Waiver in 2204.410).
Yes, any provision in this part may be waived if waiver is for good cause and consistent with the EAJA's terms and purpose. The text states that the judge or Commission "may waive, for good cause shown, any provision contained in this part" so long as the waiver aligns with the Equal Access to Justice Act (Waiver in 2204.410).
Yes, any waiver must be consistent with the terms and purpose of the EAJA. The regulation conditionally allows waivers only insofar as they remain "consistent with the terms and purpose of the EAJA," so a waiver that conflicts with EAJA would not be permitted (Waiver in 2204.410).
No—any waiver must be granted by the judge or the Commission after notice to the parties; parties cannot unilaterally enforce a waiver. The regulation specifies that "the judge or the Commission may waive" provisions after reasonable notice, so an agreement between parties does not by itself effect an official waiver under this part (Waiver in 2204.410).
Yes, a judge may waive procedural deadlines for good cause, provided the waiver is consistent with EAJA. The regulation permits the judge to waive "any provision contained in this part" for good cause, which includes procedural deadlines if the judge finds good cause and provides reasonable notice to the parties (Waiver in 2204.410).
The waiver authority covers any provision in the part, which can include both procedural and substantive provisions so long as the waiver is for good cause and consistent with EAJA. The regulation uses broad language—"any provision contained in this part"—so substantive eligibility provisions could be waived if those conditions are met (Waiver in 2204.410).
The regulation does not prescribe a specific form; it only requires that waiver be for good cause and given after reasonable notice to the parties. While 2204.410 does not set a formal request format, best practice is to file a written motion showing good cause and requesting the waiver so the judge or Commission can provide the required notice and make a record (Waiver in 2204.410).
Yes, either the judge or the Commission may grant a waiver; the Commission can act independently even if a judge previously made a decision. The rule explicitly authorizes "the judge or the Commission" to waive provisions for good cause after reasonable notice, so the Commission retains that authority (Waiver in 2204.410).
Notice ensures parties are aware and can respond before a waiver is granted; the regulation requires "reasonable notice to the parties" as a precondition to waiving any provision. This gives affected parties an opportunity to object or present evidence before the judge or Commission exercises waiver authority (Waiver in 2204.410).
The regulation does not explicitly address retroactive waivers, so retroactive relief would depend on the judge's or Commission's finding of good cause and consistency with EAJA; parties should request explicit relief if retroactivity is needed. Because 2204.410 allows waiver of "any provision contained in this part" for good cause, a party seeking retroactive application should make that request and show why it meets the good cause and EAJA consistency standards (Waiver in 2204.410).
No, the waiver authority only applies to provisions "in this part," so it does not authorize waiving requirements outside Part 2204. The regulation limits waiver to "any provision contained in this part," and therefore does not extend to unrelated statutes or regulations outside Part 2204 (Waiver in 2204.410).
A party should show specific, persuasive reasons demonstrating good cause and explain how the requested waiver is consistent with the EAJA's terms and purpose. The regulation requires "good cause shown" and EAJA consistency, so include facts, supporting documentation, and proposed notice to other parties to help the judge or Commission evaluate the request (Waiver in 2204.410).