Under 70.23, who reviews FOIA appeals?
Under 70.23 the Solicitor of Labor or a designee reviews FOIA appeals and makes the determination. See the Action on appeals provision in 70.23 for the controlling language.
OSHA 70.23
Action on FOIA appeals
Subpart B
12 Questions & Answers
Questions & Answers
Under 70.23, what standard of review is applied to FOIA appeals?
Under 70.23 the appeal is reviewed de novo, meaning the Solicitor of Labor (or designee) performs a fresh, independent review of the matter to decide whether the component's action was proper and consistent with the law. See the de novo review requirement in 70.23.
Under 70.23, does the Solicitor have to accept the component's decision on appeal?
Under 70.23 the Solicitor of Labor (or designee) does not simply accept the component's decision without re-examination because the appeal is reviewed de novo—meaning the Solicitor independently determines whether the component's action was proper and lawful. See 70.23.
Under 70.23, can the Solicitor delegate the review of an appeal?
Under 70.23 the Solicitor of Labor may delegate the review to a designee, because the regulation explicitly refers to the 'Solicitor of Labor, or designee,' who will review the appellant's appeal. See 70.23.
Under 70.23, what is the scope of the Solicitor's review on appeal?
Under 70.23 the Solicitor (or designee) examines whether the action taken by the component was proper and in accordance with applicable law; that is the full scope described in the regulation. See the scope language in 70.23.
Under 70.23, does the Solicitor's de novo determination replace the component's original decision?
Under 70.23 the Solicitor of Labor (or designee) makes the final de novo determination on the appeal, which serves as the review of the component's action under the regulation. See 70.23.
Under 70.23, does the regulation set any time limits for the Solicitor to decide an appeal?
Under 70.23 the regulation does not specify a time limit for the Solicitor's review or decision on an appeal; it only states that the Solicitor (or designee) will review the appeal de novo. See 70.23.
Under 70.23, may an appellant submit new evidence during the Solicitor's de novo review?
Under 70.23 the regulation itself does not state whether new evidence may be submitted during the de novo review; it only provides that the Solicitor (or designee) will review the appeal and determine if the component's action was proper and lawful. For any procedural details about submitting new evidence, consult other FOIA procedures or agency guidance. See 70.23.
Under 70.23, what does 'in accordance with the applicable law' refer to when the Solicitor reviews an appeal?
Under 70.23 the phrase 'in accordance with the applicable law' means the Solicitor (or designee) will assess the component's action against the governing legal standards (for example, FOIA and related laws and regulations) when making the de novo determination. See 70.23 and the broader Part 70 provisions for context on FOIA procedures.
Under 70.23, if the Solicitor finds the component's action was improper, does the section describe the remedy or next steps?
Under 70.23 the regulation does not describe specific remedies or next steps; it states only that the Solicitor of Labor (or designee) will review the appeal de novo to determine whether the component's action was proper and lawful. Any remedial actions would be determined based on that determination and other applicable procedures. See 70.23.
Under 70.23, does OSHA provide Letters of Interpretation that clarify the Solicitor's role in FOIA appeals?
Under 70.23 there were no related Letters of Interpretation found for this specific provision in the provided material, so the regulation itself is the controlling statement that the Solicitor (or designee) will review appeals de novo. See 70.23.
Under 70.23, the regulation uses the term 'component'—does 70.23 define what a 'component' is?
Under 70.23 the regulation uses the term 'component' but does not define it within that section; the provision simply states that the Solicitor (or designee) will review whether the action of the component was proper and lawful. For definitions you may need to consult other parts of Part 70 or agency FOIA guidance. See 70.23 and the broader Part 70 provisions for additional context.