Subpart B
You must file a written petition for review with the ARB within 10 business days of the date of the ALJ decision. Paragraph (a) requires filing the petition within that 10-business-day period and warns that objections not identified in the petition will ordinarily be deemed waived. See 24.110(a).
You must identify the specific legal conclusions or orders of the ALJ to which you object in your petition for review; otherwise those objections will ordinarily be deemed waived. The regulation instructs parties to specify the legal conclusions or orders they challenge in the petition. See 24.110(a).
The date of the postmark, facsimile transmittal, email communication, or electronic submission will be considered the date of filing; if the petition is filed in person (hand-delivery or other means), it is filed upon receipt. The rule lists these methods and their effect on the filing date. See 24.110(b).
When you file the petition with the ARB you must serve the petition on all parties and on the Chief Administrative Law Judge at the time of filing; copies of the petition and all briefs must also be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards. The regulation specifies these service requirements. See 24.110(b).
If the ARB issues an order accepting review within 30 days of the filing of a timely petition, the ALJ decision becomes inoperative unless and until the ARB issues an order adopting that decision. The regulation explains this effect when the ARB accepts review. See 24.110(b).
Yes, an ALJ order issued under the Energy Reorganization Act is generally effective while the ARB reviews the case, except for any portion awarding compensatory damages; the respondent can seek a stay, but the ARB will grant a stay only based on exceptional circumstances. The regulation provides this specific exception and stay standard. See 24.110(b).
The ARB reviews the factual findings of the ALJ under the substantial evidence standard. The rule explicitly states that factual findings will be reviewed for substantial evidence. See 24.110(b).
If no timely petition for review is filed, or if the ARB denies review, the decision of the ALJ will become the final order of the Secretary. The regulation also states that when no timely petition is filed, the resulting final order is not subject to judicial review. See 24.110(c).
The ARB will issue its final decision within 90 days of the filing of the complaint. The regulation requires the ARB to issue and serve the decision within that 90-day period. See 24.110(c).
The ARB can order appropriate affirmative actions to abate the violation, including reinstatement of the complainant to the former position with compensation (including back pay), terms, conditions, privileges of employment, and compensatory damages; in Safe Drinking Water Act or Toxic Substances Control Act cases, exemplary damages may also be awarded when appropriate. The rule lists these possible remedies. See 24.110(d).
Yes; the regulation states that the date of a facsimile transmittal, email communication, or electronic submission will be considered the date of filing for the petition. If you file in person, the petition is filed upon receipt. See 24.110(b).
Objections that are not identified in the petition for review will ordinarily be deemed waived. The regulation warns parties that they should identify the legal conclusions or orders to which they object in their petitions. See 24.110(a).
A respondent may file a motion to stay the ALJ order, but the ARB will grant a stay only based on exceptional circumstances; the regulation states this as the standard for stays during ARB review. See 24.110(b).
The ARB will specify the terms and schedule under which any briefs are to be filed after it accepts review. The regulation places the briefing schedule authority with the ARB. See 24.110(b).
The final decision of the ARB must be served upon all parties, the Chief Administrative Law Judge, the Assistant Secretary, Occupational Safety and Health Administration, and the Associate Solicitor, Division of Fair Labor Standards—even if the Assistant Secretary is not a party. The regulation lists these required recipients. See 24.110(c).
Yes; if the ARB concludes the respondent violated the law, it may order reinstatement of the complainant to the former position and compensation including back pay, along with other terms, conditions, and privileges of employment. The regulation explicitly authorizes reinstatement and back pay. See 24.110(d).
Exemplary damages may be awarded by the ARB in cases arising under the Safe Drinking Water Act or the Toxic Substances Control Act when appropriate. The regulation specifically identifies these statutes as permitting exemplary damages in suitable cases. See 24.110(d).
If the ARB adopts the ALJ's decision after accepting review, the ALJ decision is no longer inoperative and the ARB's order adopting it governs the case; the regulation explains that an ALJ decision is inoperative during ARB review unless and until the ARB adopts it. See 24.110(b).
The ARB must issue an order notifying the parties that it has accepted the case for review within 30 days of the filing of the petition. The regulation sets this 30-day notification timeframe. See 24.110(b).