Payment of award procedures

You must submit a copy of the Commission’s final decision granting the award and a certification that you will not seek review of that decision in the United States courts. The regulation at 2204.411 makes these two items the required submission for payment of an award.

• Submit both items together to the officer designated by the Secretary as stated in the same rule.

You must send the copy of the Commission’s final decision and the required certification to the officer designated by the Secretary. The rule at 2204.411 specifies submission "to the officer designated by the Secretary."

• If you do not know which officer has been designated, contact the agency or the Secretary’s office for instructions.

The regulation requires a "copy" of the Commission’s final decision but does not specify that it must be an original or a notarized/certified copy. See 2204.411.

• Because the rule does not specify formality, check with the officer designated by the Secretary for their preferred format (original, certified copy, or electronic copy) before submitting.

The certification must state that the applicant will not seek review of the Commission’s final decision in the United States courts. That is the certification required by 2204.411.

• The regulation does not prescribe exact wording or a form, so include a clear, signed statement saying you will not pursue judicial review and check with the designated officer for any preferred format.

Submitting the certification represents your promise not to seek judicial review, and the rule makes that promise a condition for payment. See 2204.411.

• Because the regulation conditions payment on this certification, attempting to seek review after certifying that you will not could conflict with that certification; consult legal counsel and the officer designated by the Secretary for guidance on consequences.

No—because 2204.411 requires a certification that the applicant will not seek review in the United States courts as a condition for payment, you cannot truthfully provide that certification if you intend to appeal.

• If you plan to appeal, discuss timing and options with counsel and with the officer designated by the Secretary.

An "applicant" is the person or party who applied for and was granted an award by the Occupational Safety and Health Review Commission under the procedures in Part 2204; the payment rule addresses what that applicant must submit. See 2204.411 and Part 2204.

• If multiple parties were awarded fees or expenses, each award recipient should confirm their status and submission obligations with the designated officer.

No—the text of 2204.411 does not set a specific deadline for submitting the copy of the final decision and the certification.

• Because the regulation does not establish timing, follow any additional agency guidance or contact the officer designated by the Secretary to learn about practical timeframes and to avoid unnecessary delay.

No—2204.411 requires a certification but does not prescribe a sworn affidavit, notarization, or a particular form.

• Check with the officer designated by the Secretary to see whether they expect a particular format, signature, or supporting documentation.

The regulation requires that the applicant submit a copy of the Commission’s final decision and a certification that the applicant will not seek review, but it does not forbid an authorized representative from submitting these materials. See 2204.411.

• If a representative submits the materials, provide clear proof of authorization and ensure the certification is made by the applicant or is accompanied by evidence that the representative is authorized to bind the applicant.

The regulation does not specify who must sign the certification for a corporate applicant; it only requires that the applicant provide a certification that it will not seek review. See 2204.411.

• Practically, an authorized corporate officer should sign and include evidence of their authority to bind the corporation; confirm any signature requirements with the officer designated by the Secretary.

Because 2204.411 makes the certification a required part of the submission, omitting it will likely delay processing of payment until you provide the required certification.

• Contact the officer designated by the Secretary as soon as you discover the omission to ask how to correct it and avoid unnecessary delay.

Yes—the rule requires submission of a copy of the Commission’s final decision granting the award and the certification; if the Commission’s final decision grants an award (including a partial award), that decision is what must be submitted under 2204.411.

• If the award is partial, submit the Commission’s final decision that reflects the partial grant along with the certification that you will not seek review.

No—2204.411 specifically refers to the Commission’s final decision, so it applies to awards resulting from proceedings before the Occupational Safety and Health Review Commission as governed by Part 2204. See Part 2204.

• If your award arises from a different agency or forum, follow the payment procedures that govern that forum.

The regulation does not specify whether electronic submission is allowed; it only requires submission to the officer designated by the Secretary. See 2204.411.

• Ask the designated officer whether they accept electronic filings or require paper copies, and follow that officer’s instructions to ensure timely processing.

Each applicant seeking payment should follow the requirement in 2204.411 by submitting a copy of the Commission’s final decision and a certification that the applicant will not seek review.

• When multiple parties are involved, coordinate with the designated officer on whether a single coordinated submission is acceptable or whether separate certifications are required for each award recipient.

The rule requires a certification that the applicant will not seek review as a condition for payment, but 2204.411 does not address post-filing withdrawals or the timing of such actions.

• If you have filed an appeal and wish to withdraw it and then request payment, contact counsel and the officer designated by the Secretary to determine whether withdrawal and the certification will satisfy the payment condition in your specific situation.

No—2204.411 requires the certification as a prerequisite for payment but does not specify penalties for a later violation of that certification.

• Because the regulation does not describe consequences, consult legal counsel and the officer designated by the Secretary about potential legal or administrative consequences if the certification is later contradicted.

You can read the full payment requirement in 2204.411, which is part of Part 2204 governing implementation of the Equal Access to Justice Act before the Occupational Safety and Health Review Commission.