Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service, 1834-1857 [2020-28056]
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules
management system by a registered user
containing the Appellant’s name in an
appropriate signature block constitutes
the Appellant’s signature.
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(f) Date of filing. A notice of appeal
complying with this paragraph (c) is
considered to have been filed only if
received by the Clerk of the Appellate
Boards within the period specified
under paragraph (e) of this section,
except as otherwise provided in this
subsection:
(1) If the notice of appeal is sent via
the U.S. Postal Service or commercial
carrier and use of the date of delivery
as the date of filing would result in a
loss of appeal rights, the appeal will be
considered to have been filed as of the
date of the postmark or other carriers’
date markings. The date appearing on
the U.S. Postal Service postmark or
other carriers’ date markings (when
available and legible) shall be prima
facie evidence of the date of mailing. If
there is no such postmark or date
marking, or it is illegible, then other
evidence including, but not limited to,
certified mail receipts, certificate of
service, and affidavits, may be used to
establish the mailing date. If a notice of
appeal is delivered or sent by means
other than the U.S. Postal Service or
commercial carrier, including e-filing,
personal delivery, or fax, the notice is
deemed to be filed when received by the
Clerk of the Appellate Boards.
(2) For electronic filings made
through the Board’s case management
system, a document is deemed filed as
of the date and time the Board’s
electronic case management system
records its receipt, even if transmitted
after the close of business. To be
considered timely, an e-filed document
or pleading must be filed by 11:59:59
p.m. Eastern Time on the due date.
(3) In computing the date of filing, the
180-day time period for filing an appeal
begins to run on the day following the
date of the OWCP decision. The last day
of the period so computed shall be
included, unless it is a Saturday,
Sunday or Federal holiday, in which
event the period runs to the close of the
next business day.
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(h) Incomplete notice of appeal. Any
timely notice of appeal that does not
contain the information specified in
paragraph (c) of this section will be
considered incomplete. On receipt by
the Board, the Clerk of the Appellate
Boards will inform Appellant of the
deficiencies in the notice of appeal and
specify a reasonable time to submit the
requisite information. Such appeal will
be dismissed unless Appellant provides
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the requisite information in the
specified time.
§ 501.4
[Amended]
3. Amend § 501.4 by removing
paragraph (e).
■ 4. Amend § 501.5 by revising
paragraphs (c) and (f) to read as follows:
■
§ 501.5
Oral argument.
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(c) Notice of argument. If a request for
oral argument is granted, the Clerk will
notify the Appellant and the Director at
least 30 days prior to the date set for
argument. The notice of oral argument
will state the issues that the Board has
determined will be heard and whether
the oral argument will take place in
person in Washington, DC or by
videoconference.
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(f) Location. Oral argument in person
is heard before the Board only in
Washington, DC. The Board may, in its
discretion, hear oral argument by
videoconference. The Board does not
reimburse costs associated with an oral
argument.
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Signed on this 14th day of December, 2020,
in Washington, DC.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020–28048 Filed 1–8–21; 8:45 am]
Employment and Training
Administration
20 CFR Parts 641, 655, 658, 667, and
683
Office of Workers’ Compensation
Programs
20 CFR Part 726
Office of the Secretary of Labor
29 CFR Parts 7, 8, 22, 24, 26, 29, 37,
38, and 96
Office of Labor-Management
Standards
29 CFR Parts 417 and 458
Wage and Hour Division
29 CFR Parts 500, 525, 530, and 580
Occupational Safety and Health
Administration
29 CFR Parts 1978, 1979, 1980, 1981,
1982, 1983, 1984, 1985, 1986, 1987, and
1988
Office of Federal Contract Compliance
Programs
41 CFR Part 60–30
RIN 1290–AA28
BILLING CODE 4510–31–P
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DEPARTMENT OF LABOR
Rules of Practice and Procedure
Concerning Filing and Service and
Amended Rules Concerning Filing and
Service
Employment and Training
Administration, Office of Workers’
Compensation Programs, Office of the
Secretary, Office of Labor-Management
Standards, Wage and Hour Division,
Occupational Safety and Health
Administration, Office of Federal
Contract Compliance Programs.
ACTION: Notice of proposed rulemaking;
request for comments.
AGENCY:
The Department of Labor
(Department or DOL) is issuing this
Notice of Proposed Rulemaking (NPRM)
to seek public comments on a proposal
to require electronic filing (e-filing) and
make acceptance of electronic service
(e-service) automatic for attorneys and
non-attorney representatives
representing parties in proceedings
before the Administrative Review Board
(Board), unless the Board authorizes
non-electronic filing and service for
good cause. Self-represented persons
SUMMARY:
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will have the option of e-filing or of
filing papers by conventional means.
This proposed rule would establish a
new part containing rules of practice
and procedure for the Board and amend
existing regulations concerning filing
and service that would apply where a
governing statute or executive order
does not establish contrary rules of
filing and service. It would also make
other minor corrections to update
existing regulations.
DATES: The Department invites
interested persons to submit comments
on the proposed rule. To ensure
consideration, comments must be in
writing and must be received by
February 10, 2021.
ADDRESSES: You may send comments,
identified by Regulatory Identification
Number (RIN) 1290–AA28, only by the
following method: Electronic
Comments. Submit comments through
the Federal eRulemaking Portal https://
www.regulations.gov. To locate the
proposed rule, use key words such as
‘‘Administrative Review Board’’ to
search documents accepting comments.
Follow the instructions for submitting
comments. All comments must be
received by 11:59 p.m. on the date
indicated for consideration in this
rulemaking. Instructions: All
submissions received must include the
agency name and docket number or
Regulatory Information Number (RIN)
for this rulemaking. All comments
received will generally be posted
without change to https://
www.regulations.gov, including any
personal information provided. If you
need assistance to review the comments
or the proposed rule, the Department
will consider providing the comments
and the proposed rule in other formats
upon request. For assistance to review
the comments or obtain the proposed
rule in an alternate format, contact Mr.
Thomas Shepherd, Clerk of the
Appellate Boards, at 202–693–6319 or
Shepherd.Thomas@dol.gov.
Individuals with hearing or speech
impairments may access the telephone
number above by TTY by calling the
toll-free Federal Information Relay
Service at (800) 877–8339.
FOR FURTHER INFORMATION CONTACT:
Mr. Thomas Shepherd, Clerk of the
Appellate Boards, at 202–693–6319 or
Shepherd.Thomas@dol.gov.
I. Supplementary Information
This preamble is divided into four
sections: Section I describes the process
of rulemaking using a direct final rule
with a companion proposed rule;
Section II provides general background
information on the development of the
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proposed rulemaking; Section III is a
discussion of the proposed changes to
the regulatory text; and Section IV
covers the administrative requirements
for this proposed rulemaking.
II. Proposed Rule Published
Concurrently With Companion Direct
Final Rule
The Department is simultaneously
publishing with this proposed rule an
identical ‘‘direct final’’ rule elsewhere
in this issue of the Federal Register. In
direct final rulemaking, an agency
publishes a final rule with a statement
that the rule will go into effect unless
the agency receives significant adverse
comment within a specified period. If
the agency receives no significant
adverse comment in response to the
direct final rule, the rule goes into
effect. If the agency receives significant
adverse comment, the agency withdraws
the direct final rule and treats such
comment as submissions on the
proposed rule. The proposed rule then
provides the procedural framework to
finalize the rule. An agency typically
uses direct final rulemaking when it
anticipates the rule will be noncontroversial.
The Department has determined that
this rule is suitable for direct final
rulemaking. The proposed enactment of
the Board’s procedural regulations and
proposed revisions to existing program
regulations would require parties to use
the Board’s electronic system for filing
and serving documents unless exempted
by the Board, as well as make technical
corrections to addresses, add crossreferences to rules of practice and
procedure, and specify where the
Secretary has delegated authority under
a program to the ARB. Some parties are
already filing documents through the
Board’s existing electronic system on a
voluntary basis. Moreover, this system
is similar to those used by courts and
other administrative agencies and will
thus be familiar to some representatives.
The proposed rule would also give selfrepresented (pro se) parties the option to
file and serve documents through the
electronic system or via conventional
methods. These changes to the Board’s
procedures and practices should not be
controversial. The Department has
determined that this rule is exempt from
the notice and comment requirements
under 5 U.S.C. 553(b) as a rule of agency
practice and procedure. Nonetheless,
the agency has decided to allow for
public input by issuing a direct final
rule and concurrent notice of proposed
rulemaking.
The comment period for this
proposed rule runs concurrently with
the comment period for the direct final
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rule. Any comments received in
response to this proposed rule will also
be considered as comments regarding
the direct final rule and vice versa. For
purposes of this rulemaking, a
significant adverse comment is one that
explains (1) why the rule is
inappropriate, including challenges to
the rule’s underlying premise or
approach; or (2) why the direct final
rule will be ineffective or unacceptable
without a change. In determining
whether a significant adverse comment
necessitates withdrawal of the direct
final rule, the Department will consider
whether the comment raises an issue
serious enough to warrant a substantive
response had it been submitted in a
standard notice-and-comment process.
A comment recommending an addition
to the rule will not be considered
significant and adverse unless the
comment explains how the direct final
rule would be ineffective without the
addition.
The Department requests comments
on all issues related to this rule,
including economic or other regulatory
impacts of this rule on the regulated
community.
III. Background of This rulemaking
The Department is proposing a rule
that would make e-filing mandatory and
acceptance of e-service automatic for
parties before the Administrative
Review Board represented by attorneys
and non-attorney representatives. It
proposes to do this by enacting its own
rules of practice and procedure and
amending existing program regulations.
Currently, e-filing is optional and eservice is not available through the
Board’s existing electronic system: DOL
Appeals. As a result, the Board receives
filings in both paper and electronic
form. The Board’s long-term goal is to
have entirely electronic case files (e-case
files), which would significantly benefit
both the Board and the participants in
Board appeals by allowing the Board to
more efficiently process incoming
documents, reducing the time it takes to
adjudicate claims. Requiring attorneys
and non-attorney representatives to use
e-filing and e-service will help the
Board move toward this goal.
The Board currently uses DOL
Appeals, a consolidated web-based case
tracking system deployed in FY2011 to
replace individual legacy applications
and streamline business processes
specific to each of the three
Adjudicatory Boards in the Department:
The Board, the Benefits Review Board
(BRB), and the Employees’
Compensation Appeals Board (ECAB).
The Board has been delegated authority
by the Secretary of Labor to issue
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decisions on appeal in cases arising
under a variety of worker protection
laws, including those governing
environmental, transportation, and
securities whistleblower protections; H–
1B immigration provisions; child labor;
employment discrimination; job
training; seasonal and migrant workers;
and Federal construction and service
contracts. The BRB reviews appeals of
administrative law judges’ decisions
arising under the Black Lung Benefits
Act, the Longshore and Harbor Workers’
Compensation Act and its extensions.
ECAB hears appeals taken from
determinations and awards under the
Federal Employees’ Compensation Act
with respect to claims of Federal
employees injured in the course of their
employment.
The DOL Appeals case management
system has provided a broad range of
capabilities to the Boards’ staff for
inputting, processing, tracking,
managing, and reporting specific details
on thousands of cases since its initial
implementation. In FY2013, the system
was enhanced to provide access to the
general public. Currently, more
than1,400 individuals are registered
users of the DOL Appeals system. Users
have the ability to check their case
status, electronically file motions and
briefs, and receive Board issuances
electronically. However, users who efile documents must still serve those
documents on other parties by some
other method (typically mail,
commercial delivery, or electronic
mail), as DOL Appeals does not have an
automatic e-service function like that of
the Federal courts’ electronic filing and
service systems. Moreover, because efiling is optional, the Board continues to
receive many paper filings, including
from attorneys and non-attorney
representatives.
At present, the Board lacks sufficient
resources to digitally image all
pleadings received in paper form, and
that option is unduly burdensome and
labor intensive. Furthermore, if e-filing
remains optional, it is unlikely that the
Board will achieve the goal of
completely electronic case files. If,
however, parties are required to e-file all
documents through the Department’s
electronic case management system,
imaging the remaining paper pleadings
from authorized parties would be more
manageable for the Board. In addition,
greater utilization of e-filing and eservice will reduce case processing
times by eliminating the timeframes
required to allow for the delivery of
traditional mailings. These time savings
will allow the Board to more efficiently
process appeals without any sacrifice to
quality of work and will also greatly
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reduce mailing and copying costs for
both the Board and the parties.
Additionally, in an effort to improve
e-filing and e-service Department-wide,
the rule amends provisions regarding
filing and service with the Office of
Administrative Law Judges (OALJ) for
consistency with proposed amendments
to the OALJ rules of practice and
procedure in 29 CFR part 18.
IV. Discussion of Changes
A. Administrative Review Board Rules
of Practice and Procedure
The Department proposes to add a
new section to the Code of Federal
Regulations at 29 CFR part 26 in order
to establish rules of practice and
procedure for the Board regarding filing
and service and to address some general
procedural matters.
§ 26.1
Purpose and Scope
This section is a new provision
addressing the purpose of part 26 and
the scope of the Board’s authority.
Proposed paragraph (a) provides that
part 26 contains the rules of practice of
the Board and that these rules shall
govern all appeals and proceedings
before the Board, except where
inconsistent with a governing statute,
regulation, or executive order. Proposed
paragraph (b) provides that the Board
has authority to act as the authorized
representative of the Secretary of Labor
in review or on appeal of decisions and
recommendations, as provided in
Secretary’s Order 01–2020. The Board
shall act as fully and finally as the
Secretary of Labor concerning such
matters, except as provided in
Secretary’s Order 01–2020 (or any
successor to that order).
§ 26.2
General Procedural Matters
This section is a new provision
containing procedural provisions.
Proposed paragraph (a) supplies
definitions. Proposed paragraph (a)(1)
defines the ARB to mean the
Administrative Review Board. Proposed
paragraph (a)(2) defines Electronic case
management system to mean the
Department of Labor’s electronic filing
and electronic service system for
adjudications.
Proposed paragraph (b) addresses
computation of time. Proposed
paragraph (b)(1) provides that when
computing a time period stated in days,
the day of the event that triggers the
period should be excluded; every day,
including intermediate Saturdays,
Sundays, and legal holidays, should be
counted; and the last day of the period
should be included, but if the last day
is a Saturday, Sunday, or legal holiday,
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the period continues to run until the
next day that is not a Saturday, Sunday,
or legal holiday. Proposed paragraph
(b)(2) addresses when the ‘‘last day’’
ends. Proposed paragraph (b)(2)(i)
provides that for electronic filing via the
Department’s electronic case
management system or via other
electronic means, the ‘‘last day’’ ends at
11:59:59 p.m. Eastern Time on the due
date. The Board chose this time zone
because of its location in Washington,
DC. Proposed paragraph (b)(2)(ii)
provides that for non-electronic filing,
the ‘‘last day’’ ends at the time the office
of the Clerk of the Appellate Boards is
scheduled to close in Washington, D.C
on the due date. These rules are
generally consistent with the Federal
Rules of Civil Procedure, see Fed. R.
Civ. P. 6(a), and the Federal Rules of
Appellate Procedure, see Fed. R. App. P.
26(a)(4). This provides a default where
the applicable statute, regulation,
executive order, or judge’s order is
silent. Proposed paragraph (c) provides
the Board’s mailing address.
§ 26.3 Filing
This section is a new provision
containing all filing requirements.
Proposed paragraph (a) governs e-filing
through the Department’s electronic
case management system. Proposed
paragraph (a)(1) requires attorneys and
lay representatives to file all petitions,
pleadings, exhibits, and other
documents with the Board via the
Department’s electronic case
management system, and notes that
paper copies are not required unless
requested by the Board. As discussed
above, mandating electronic filing and
automatically serving documents
electronically filed through the system
will benefit the parties and improve
case processing. This requirement
would apply only to those documents
filed 45 days after the effective date or
later. This time period between the
effective date, when litigants can be
certain that the direct final rule will not
be withdrawn, and the applicability
date, on which e-filing becomes
mandatory, would allow the Office of
Administrative Law Judges to update its
notices of appeal rights so that by the
time e-filing is mandatory, parties will
have received a notice of appeal rights
with updated information.
Although Federal agencies are
required by law to provide information
and services via the internet, agencies
must also consider the impact on
persons without access to the internet
and, to the extent practicable, ensure
that the availability of government
services has not been diminished for
such persons. See 44 U.S.C. 3501.
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Accordingly, the Department proposes
to authorize non-electronic filing and
service for good cause and will make efiling and e-service optional for selfrepresented parties. The Board notes in
this regard that e-filing is generally
mandatory for attorneys in the Federal
district courts and U.S. Courts of
Appeals, unless an exemption for good
cause is granted; only self-represented
parties have the option of filing
pleadings in paper form. Accordingly,
proposed paragraph (a)(2) provides that
attorneys and lay representatives may
request an exemption to e-filing for good
cause shown. Such a request must
include a detailed explanation why efiling or acceptance of e-service should
not be required.
Proposed paragraph (a)(3) allows selfrepresented (i.e., pro se) parties to file in
either electronic or non-electronic
format. This gives these parties the
flexibility to easily participate in their
cases.
Proposed paragraph (a)(4) provides
that documents filed via the
Department’s electronic case
management system are filed when
received, and are received as of the date
and time recorded by the system.
Paragraph (a)(5) allows for electronic
signatures when a filing is made
through a registered user’s account and
authorized by that person, along with
the person’s name. This is consistent
with the Federal Rules of Civil
Procedure, see Fed. R. Civ. P. 5(d)(3)
and the Federal Rules of Appellate
Procedure, see Fed. R. App. P.
25(2)(B)(iii). Many program regulations
require filed documents to be signed,
and this provision allows filers to
comply while filing via the
Department’s electronic case
management system.
Proposed paragraph (a)(6) provides
that a person who is adversely affected
by a technical failure in connection with
filing or receipt of an electronic
document may seek appropriate relief
from the Board. The Board encourages
filers to retain documentation of the
failure in these instances. Additionally,
if technical malfunction or other issue
prevents access to the Department’s case
management system for a protracted
period, the Board by special order may
provide appropriate relief pending
restoration of electronic access.
Proposed paragraph (b) addresses
alternate methods of filing for persons
who are excepted from e-filing or who
have opted not to use e-filing and
provides that documents filed using
methods other than the Department’s
electronic case management system
(e.g., by email or mail) are considered
filed when received by the Clerk of the
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Appellate Boards. This similar to the
Federal Rules of Civil Procedure, see
Fed. R. Civ. P. 5(d)(2), and provides a
default for when laws governing a
particular program do not specify the
date of filing.
§ 26.4 Service
This section contains all service
requirements. Proposed paragraph (a)
addresses electronic service. Proposed
paragraph (a)(1) provides that electronic
service may be completed by email if
consented to in writing by the party
being served. Proposed paragraph (a)(2)
deems service completed by sending the
document to a user registered with the
Department’s electronic case
management system by filing via this
system. This is consistent with the
Federal Rules of Civil Procedure, see
Fed. R. Civ. P. 5(b)(2)(E), and the
Federal Rules of Appellate Procedure,
see Fed. R. App. P. 25(c)(2), and
provides a default for when laws
governing a particular program do not
specify the date of service. Proposed
paragraph (a)(2) further provides that
registering to use the Department’s
electronic case management system
constitutes consent to service through
the system. The Board would also issue
decisions and orders electronically to
registered users who are parties to a
case.
Proposed paragraph (b) addresses
non-electronic service and allows for
service to be completed by personal
delivery, mail, or delivery via
commercial carrier.
Proposed paragraph (c) provides the
effective date of each form of service.
Proposed paragraph (c)(1) provides that
service by personal delivery is effected
on the date the document is delivered
to the person being served. Proposed
paragraph (c)(2) provides that service by
mail or commercial carrier is effected on
the date the document is mailed or
delivered to the commercial carrier.
Proposed paragraph (c)(3) provides that
service by electronic means, including
via the Department’s electronic case
management system and via email, is
effective on sending. This is similar to
the Federal Rules of Civil Procedure, see
Fed. R. Civ. P. 5(b)(2), and provides a
default for when laws governing a
particular program do not specify the
date of service.
B. Additional Changes
The Department proposes to revise
several parts of the Code of Federal
Regulations: 20 CFR parts 641, 655, 658,
667, 683, and 726; 29 CFR parts 7, 8, 22,
24, 29, 37, 38, 96, 417, 458, 500, 525,
530, 580, 1978, 1979, 1980, 1981, 1982,
1983, 1984, 1985, 1986, 1987 and 1988;
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and 41 CFR part 60–30 to harmonize the
filing provisions with 29 CFR part 26
and improve e-filing and e-service
Department-wide.
1. Changes to Requirements for Filing
and Service by Mail or Personal
Delivery
Many regulations require parties to
file and serve documents by mail or by
personal delivery in cases pending
before the Board. To ensure that the
regulations allow for e-filing and eservice through the Department’s
electronic case management system, and
via email when permissible, the
Department proposes to remove
requirements for filing and service by
mail and personal delivery to allow for
e-filing and e-service, except where
required by statute. Using the general
terms ‘‘filing’’ and ‘‘service’’ will allow
for all forms of filing and service
permitted by 29 CFR part 26. The
Department also proposes to crossreference the Board’s rules of practice
and procedure at 29 CFR part 26 and the
OALJ’s rules of practice and procedure
at 29 CFR part 18 where necessary to
clarify the application of those parts.
Further, in 29 CFR parts 24 and 1978–
88, where the Occupational Safety and
Health Administration (OSHA) is
required to deliver its findings and
orders by certified mail, the Department
proposes to allow OSHA to deliver such
findings and orders by means that allow
it to confirm delivery to all parties of
record and each party’s legal counsel.
This would provide flexibility to the
agency and allow for electronic delivery
when appropriate.
2. Changes to Requirements To Send
Copies of Documents
Many regulations require parties to
send additional paper copies of all
documents to the Board. To allow for
better transition to full electronic case
management and to simplify the filing
process for parties, the Department
proposes to remove requirements to
send copies of all documents to the
Board. Paper copies are not necessary
when e-filing, and the Board no longer
needs multiple paper copies from selfrepresented parties or those who are
granted an exemption from e-filing.
3. Nomenclature and Other Technical
Changes
To update the regulations for clarity,
accuracy, and to comply with 29 CFR
part 26, the Department proposes to
make several technical changes to the
regulations. Specifically, the
Department proposes to remove
outdated mailing addresses for both the
Board and the Office of Administrative
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Law Judges. The Department also
proposes to update the regulations that
require documents to be filed with the
Executive Director of the Board to
require that documents be filed the
Clerk of the Appellate Boards. The
Department also proposes to update the
authorities section in 29 CFR parts 7, 8,
and 458 to include the applicable
Secretary’s Order, Secretary’s Order 01–
2020. Finally, the Department proposes
to update the pronouns in 29 CFR
417.15 to account for a previous change
from ‘‘Secretary’’ to ‘‘Board.’’
4. Changes to References to the
Secretary
The Department proposes to revise
references to the ‘‘Secretary’’ or the
‘‘authority head’’ to the ‘‘Administrative
Review Board,’’ ‘‘Board,’’ or ‘‘ARB’’ to
clarify the authority and responsibilities
of the Board. Many regulations,
particularly older ones, contain
references to the ‘‘Secretary’’ or
‘‘authority head’’ for responsibilities
that have been delegated to the Board by
the Secretary. Where necessary, these
changes are accompanied by a provision
allowing for discretionary review by the
Secretary, in accordance with
Secretary’s Order 01–2020 (or any
successor to that order). In such cases,
Board decisions would become final in
accordance with the finality provisions
of Secretary’s Order 01–2020, or any
successor to that order.
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V. Administrative Requirements of the
Proposed Rulemaking
Executive Orders 12866, Regulatory
Planning and Review; 13563, Improving
Regulation and Regulatory Review; and
13777, Reducing Regulation and
Controlling Regulatory Costs
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 directs agencies to reduce
regulation and control regulatory costs
and provides that ‘‘for every one new
regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
This proposed rule has been drafted
and reviewed in accordance with
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Executive Order 12866. The Department
of Labor, in coordination with the Office
of Management and Budget (OMB),
determined that this proposed rule is
not a significant regulatory action under
section 3(f) of Executive Order 12866
because the rule will not have an annual
effect on the economy of $100 million
or more; will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; and will not materially
alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof. Furthermore, the rule
does not raise a novel legal or policy
issue arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
OMB has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
‘‘Guidance Implementing Executive
Order 13771, Titled ‘Reducing
Regulation and Controlling Regulatory
Costs’’’ (April 5, 2017).
that could result in increased
expenditures by state, local, and tribal
governments, or by the private sector,
the Department has not prepared a
budgetary impact statement.
Regulatory Flexibility Act of 1980
Because no notice of proposed
rulemaking is required for this rule
under section 553(b) of the
Administrative Procedure Act, the
regulatory flexibility requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601,
do not apply to this rule. See 5 U.S.C.
601(2).
20 CFR Part 641
Administrative practice and
procedure, Grievance procedure and
appeals process, Senior Community
Service Employment Program, Services
to participants.
Paperwork Reduction Act (PRA)
The Department has determined that
this proposed rule is not subject to the
requirements of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
(PRA), as this rulemaking involves
administrative actions to which the
Federal government is a party or that
occur after an administrative case file
has been opened regarding a particular
individual. See 5 CFR 1320.4(a)(2), (c).
Unfunded Mandates Reform Act of 1995
and Executive Order 13132, Federalism
The Department has reviewed this
proposed rule in accordance with the
requirements of Executive Order 13132
and the Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1501 et seq., and has
found no potential or substantial direct
effects on the states, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government. As there
is no Federal mandate contained herein
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Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
The Department has reviewed this
proposed rule in accordance with
Executive Order 13175 and has
determined that it does not have ‘‘tribal
implications.’’ The proposed rule does
not ‘‘have substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
Executive Order 13211, Energy Supply,
Distribution, or Use
The Department has reviewed this
proposed rule and has determined that
the provisions of Executive Order 13211
are not applicable as this is not a
significant regulatory action and there
are no direct or implied effects on
energy supply, distribution, or use.
List of Subjects
20 CFR Part 655
Administrative practice and
procedure, Labor certification process
for temporary employment.
20 CFR Part 658
Administrative practice and
procedure, Complaint system,
Discontinuation of services, State
workforce agency compliance, Federal
application of remedial action to state
workforce agencies, Wagner-Peyser Act
Employment Service.
20 CFR Part 667
Adjudication and Judicial Review,
Administrative practice and procedure,
Oversight and monitoring, Grievance
procedures, complaints, and state
appeal processes, Sanctions, corrective
actions, and waiver of liability,
Reporting and recordkeeping
requirements, Resolution of findings,
Workforce Investment Act.
20 CFR Part 683
Adjudication and judicial review,
Administrative practice and procedure,
Funding and closeout, Grievance
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procedures, complaints, and state
appeal processes, Oversight and
resolution of findings, Pay-forperformance contract strategies,
Reporting and recordkeeping
requirements, Rules, costs, and
limitations, Sanctions, corrective
actions, and waiver of liability,
Workforce Innovation And Opportunity
Act.
20 CFR Part 726
Administrative practice and
procedure, Government contracts,
Minimum wages.
Administrative practice and
procedure, Workers with disabilities,
Wage rates, Special certificates.
Administrative practice and
procedure, Government contracts,
Minimum wages.
29 CFR Part 530
29 CFR Part 22
Administrative practice and
procedure, Appeal to the Administrative
Review Board.
29 CFR Part 24
Administrative practice and
procedure, Employee protection,
Findings, Litigation, Investigations,
Retaliation complaints, Environmental
protection, Energy Reorganization Act of
1974, as amended.
29 CFR Part 26
Administrative practice and
procedure, Homeworkers, Employer
Certificates, Denial/revocation of
certificates, Civil money penalties.
29 CFR Part 580
Administrative practice and
procedure, Assessing and contesting,
Civil money penalties.
29 CFR Part 1978
Administrative practice and
procedure, Employee protection,
Findings, Investigations Litigation,
Retaliation complaints, Surface
Transportation Assistance Act of 1982.
29 CFR Part 1979
Administrative practice and
procedure.
Administrative practice and
procedure, Employee protection,
Findings, Litigation, Investigations,
Retaliation complaints, Wendell H. Ford
Aviation Investment and Reform Act for
the 21st Century.
29 CFR Part 29
Administrative practice and
procedure, Apprenticeship programs,
Labor standards, State apprenticeship
agencies.
29 CFR Part 1980
29 CFR Part 37
Administrative practice and
procedure, Workforce Investment Act of
1998, Obligations of recipients and
governors, Compliance procedures.
29 CFR Part 38
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Administrative practice and
procedure, Standards of conduct, LaborManagement Reporting and Disclosure
Act of 1959.
29 CFR Part 525
29 CFR Part 8
Administrative practice and
procedure, Compliance procedures,
Obligations of recipients and governors,
Workforce Innovation and Opportunity
Act.
29 CFR Part 96
Administrative practice and
procedure, Audit requirements, Grants,
contracts, and other agreements.
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29 CFR Part 458
Administrative practice and
procedure, Migrant and seasonal
agricultural worker protection,
Enforcement, Worker protections,
Registration, Motor vehicles, Housing.
29 CFR Part 7
21:32 Jan 08, 2021
Administrative practice and
procedure, Labor management
standards, Procedures for removal of
local labor organization officers.
29 CFR Part 500
Administrative practice and
procedure, Black lung benefits,
Authorization of self-insurers, Civil
money penalties.
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29 CFR Part 417
Administrative practice and
procedure, Employee protection,
Findings, Investigations, Litigation,
Retaliation complaints, Sarbanes-Oxley
Act of 2002.
Federal Railroad Safety Act, Retaliation
complaints.
29 CFR Part 1983
Administrative practice and
procedure, Consumer Product Safety
Improvement Act of 2008, Employee
protection, Findings, Investigations,
Litigation, Retaliation complaints.
29 CFR Part 1984
Administrative practice and
procedure, Affordable Care Act,
Employee protection, Findings,
Investigations, Litigation, Retaliation
complaints.
29 CFR Part 1985
Administrative practice and
procedure, Consumer Financial
Protection Act of 2010, Employee
protection, Findings, Investigations,
Litigation, Retaliation complaints.
29 CFR Part 1986
Administrative practice and
procedure, Employee protection,
Findings, Investigations, Litigation,
Retaliation complaints, Seaman’s
Protection Act.
29 CFR Part 1987
Administrative practice and
procedure, Employee protection, FDA
Food Safety Modernization Act,
Findings, Investigations, Litigation,
Retaliation complaints.
29 CFR Part 1988
Administrative practice and
procedure, Employee protection,
Findings, Investigations, Litigation,
Moving Ahead for Progress in the 21st
Century Act, Retaliation complaints.
41 CFR Part 60–30
Administrative practice and
procedure, Equal opportunity, Executive
Order 11246, Property management,
Public contracts.
For the reasons discussed in the
preamble, the Department proposes to
amend Titles 20, 29, and 41 of the Code
of Federal Regulations as set forth
below:
DEPARTMENT OF LABOR
29 CFR Part 1981
Title 20: Employees’ Benefits
Administrative practice and
procedure, Employee protection,
Findings, Litigation, Investigations,
Pipeline Safety Improvement Act of
2002, Retaliation complaints.
Employment and Training
Administration
29 CFR Part 1982
Administrative practice and
procedure, Employee protection,
Findings, Litigation, Investigations,
National Transit Systems Security Act,
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1839
PART 641—PROVISIONS GOVERNING
THE SENIOR COMMUNITY SERVICE
EMPLOYMENT PROGRAM
1. The authority citation for part 641
continues to read as follows:
■
Authority: 42 U.S.C. 3056 et seq.; Pub. L.
114–144, 130 Stat. 334 (Apr. 19, 2016).
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2. In § 641.900, revise paragraphs (d)
and (e) to read as follows:
■
§ 641.900 What appeal process is available
to an applicant that does not receive a
grant?
*
*
*
*
*
(d) A request for a hearing must be
filed with the Chief Administrative Law
Judge, U.S. Department of Labor, with
one copy to the Departmental official
who issued the determination.
(e) The decision of the ALJ constitutes
final agency action unless, within 21
days of the decision, a party dissatisfied
with the ALJ’s decision, in whole or in
part, has filed a petition for review with
the Administrative Review Board (ARB)
(established under Secretary’s Order No.
01–2020), specifically identifying the
procedure, fact, law, or policy to which
exception is taken, in accordance with
29 CFR part 26. The Department will
deem any exception not specifically
urged to have been waived. A copy of
the petition for review must be sent to
the grant officer at that time. If, within
30 days of the filing of the petition for
review, the ARB does not notify the
parties that the case has been accepted
for review, then the decision of the ALJ
constitutes final agency action. In any
case accepted by the ARB, a decision
must be issued by the ARB within 180
days of acceptance. If a decision is not
so issued, the decision of the ALJ
constitutes final agency action.
*
*
*
*
*
■ 3. In § 641.920, revise paragraphs
(d)(1) and (5) to read as follows:
§ 641.920 What actions of the Department
may a grantee appeal and what procedures
apply to those appeals?
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*
*
*
*
(d) * * *
(1) Within 21 days of receipt of the
Department’s final determination, the
grantee may file a request for a hearing
with the Chief Administrative Law
Judge, United States Department of
Labor, in accordance with 29 CFR part
18, with a copy to the Department
official who signed the final
determination.
*
*
*
*
*
(5) The decision of the ALJ constitutes
final agency action unless, within 21
days of the decision, a party dissatisfied
with the ALJ’s decision, in whole or in
part, has filed a petition for review with
the ARB (established under Secretary’s
Order No. 01–2020), specifically
identifying the procedure, fact, law, or
policy to which exception is taken, in
accordance with 29 CFR part 26. The
Department will deem any exception
not specifically argued to have been
waived. A copy of the petition for
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review must be sent to the grant officer
at that time. If, within 30 days of the
filing of the petition for review, the ARB
does not notify the parties that the case
has been accepted for review, then the
decision of the ALJ constitutes final
agency action. In any case accepted by
the ARB, a decision must be issued by
the ARB within 180 days of acceptance.
If a decision is not so issued, the
decision of the ALJ constitutes final
agency action.
PART 655—TEMPORARY
EMPLOYMENT OF FOREIGN
WORKERS IN THE UNITED STATES
4. The authority citation for part 655
continues to read as follows:
■
Authority: Section 655.0 issued under 8
U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i)
and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), and
(t), 1184(c), (g), and (j), 1188, and 1288(c) and
(d); sec. 3(c)(1), Pub. L. 101–238, 103 Stat.
2099, 2102 (8 U.S.C. 1182 note); sec. 221(a),
Pub. L. 101–649, 104 Stat. 4978, 5027 (8
U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102–
232, 105 Stat. 1733, 1748 (8 U.S.C. 1101
note); sec. 323(c), Pub. L. 103–206, 107 Stat.
2428; sec. 412(e), Pub. L. 105–277, 112 Stat.
2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L.
106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182
note); 29 U.S.C. 49k; Pub. L. 107–296, 116
Stat. 2135, as amended; Pub. L. 109–423, 120
Stat. 2900; 8 CFR 214.2(h)(4)(i); 8 CFR
214.2(h)(6)(iii); and sec. 6, Pub. L. 115–218,
132 Stat. 1547 (48 U.S.C. 1806).
Subpart A issued under 8 CFR 214.2(h).
Subpart B issued under 8 U.S.C.
1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8
CFR 214.2(h).
Subpart E issued under 48 U.S.C. 1806.
Subparts F and G issued under 8 U.S.C.
1288(c) and (d); sec. 323(c), Pub. L. 103–206,
107 Stat. 2428; and 28 U.S.C. 2461 note, Pub.
L. 114–74 at section 701.
Subparts H and I issued under 8 U.S.C.
1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and
(t), and 1184(g) and (j); sec. 303(a)(8), Pub. L.
102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101
note); sec. 412(e), Pub. L. 105–277, 112 Stat.
2681; 8 CFR 214.2(h); and 28 U.S.C. 2461
note, Pub. L. 114–74 at section 701.
Subparts L and M issued under 8 U.S.C.
1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d),
Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C.
1182 note); Pub. L. 109–423, 120 Stat. 2900;
and 8 CFR 214.2(h).
*
*
*
*
*
5. In § 655.182, revise paragraphs
(f)(3) and (f)(5)(i) to read as follows:
■
§ 655.182
Debarment.
*
*
*
*
*
(f) * * *
(3) Hearing. The recipient of a Notice
of Debarment may request a debarment
hearing within 30 calendar days of the
date of a Notice of Debarment or the
date of a final determination of the
OFLC Administrator after review of
rebuttal evidence submitted pursuant to
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§ 655.182(f)(2). To obtain a debarment
hearing, the debarred party must, within
30 days of the date of the Notice or the
final determination, file a written
request with the Chief Administrative
Law Judge, United States Department of
Labor, in accordance with 29 CFR part
18, and simultaneously serve a copy to
the OFLC Administrator. The debarment
will take effect 30 days from the date the
Notice of Debarment or final
determination is issued, unless a request
for review is properly filed within 30
days from the issuance of the Notice of
Debarment or final determination. The
timely filing of a request for a hearing
stays the debarment pending the
outcome of the hearing. Within 10 days
of receipt of the request for a hearing,
the OFLC Administrator will send a
certified copy of the ETA case file to the
Chief ALJ by means normally assuring
next-day delivery. The Chief ALJ will
immediately assign an ALJ to conduct
the hearing. The procedures in 29 CFR
part 18 apply to such hearings, except
that the request for a hearing will not be
considered to be a complaint to which
an answer is required.
*
*
*
*
*
(5) Review by the ARB. (i) Any party
wishing review of the decision of an ALJ
must, within 30 days of the decision of
the ALJ, petition the ARB to review the
decision in accordance with 29 CFR part
26. Copies of the petition must be
served on all parties and on the ALJ.
The ARB will decide whether to accept
the petition within 30 days of receipt. If
the ARB declines to accept the petition,
or if the ARB does not issue a notice
accepting a petition within 30 days after
the receipt of a timely filing of the
petition, the decision of the ALJ will be
deemed the final agency action. If a
petition for review is accepted, the
decision of the ALJ will be stayed unless
and until the ARB issues an order
affirming the decision. The ARB must
serve notice of its decision to accept or
not to accept the petition upon the ALJ
and upon all parties to the proceeding.
*
*
*
*
*
■ 6. In § 655.473, revise paragraphs
(f)(3)(i) and (f)(5)(i) to read as follows:
§ 655.473
Debarment.
*
*
*
*
*
(f) * * *
(3) Request for review. (i) The
recipient of a Notice of Debarment or
Final Determination seeking to
challenge the debarment must request
review of the debarment within 30
calendar days of the date of the Notice
of Debarment or the date of the Final
Determination by the OFLC
Administrator after review of rebuttal
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evidence submitted under paragraph
(f)(2) of this section. A request for
review of debarment must be filed in
writing with the Chief ALJ, United
States Department of Labor, in
accordance with 29 CFR part 18, with a
simultaneous copy served on the OFLC
Administrator; the request must clearly
identify the particular debarment
determination for which review is
sought; and must set forth the particular
grounds for the request. If no timely
request for review is filed, the
debarment will take effect on the date
specified in the Notice of Debarment or
Final Determination, or if no date is
specified, 30 calendar days from the
date the Notice of Debarment or Final
Determination is issued.
*
*
*
*
*
(5) Review by the ARB. (i) Any party
wishing review of the decision of an ALJ
must, within 30 calendar days of the
decision of the ALJ, petition the ARB to
review the decision in accordance with
29 CFR part 26. Copies of the petition
must be served on all parties and on the
ALJ. The ARB will decide whether to
accept the petition within 30 calendar
days of receipt. If the ARB declines to
accept the petition, or if the ARB does
not issue a notice accepting a petition
within 30 calendar days after the receipt
of a timely filing of the petition, the
decision of the ALJ is the final agency
action. If a petition for review is
accepted, the decision of the ALJ will be
stayed unless and until the ARB issues
an order affirming the decision. The
ARB must serve notice of its decision to
accept or not to accept the petition upon
the ALJ and upon all parties to the
proceeding.
*
*
*
*
*
■ 7. In § 655.845, revise paragraph (f) to
read as follows:
Administrative Review Board in
accordance with 29 CFR part 26.
Documents are not deemed filed with
the Board until actually received by the
Board. All documents, including
documents filed by mail, must be
received by the Board either on or
before the due date.
*
*
*
*
*
PART 658—ADMINISTRATIVE
PROVISIONS GOVERNING THE
WAGNER-PEYSER ACT EMPLOYMENT
SERVICE
9. The authority citation for part 658
continues to read as follows:
■
Authority: Secs. 189, 503, Pub. L. 113–128,
128 Stat. 1425 (Jul. 22, 2014); 29 U.S.C.
chapter 4B.
10. In § 658.710, revise paragraph (d)
to read as follows:
■
§ 658.710 Decision of the Administrative
Law Judge.
*
*
*
*
*
(d) If the case involves the
decertification of an appeal to the SWA,
the decision of the ALJ must contain a
notice stating that, within 30 calendar
days of the decision, the SWA or the
Administrator may appeal to the
Administrative Review Board, United
States Department of Labor, by filing an
appeal with the Administrative Review
Board in accordance with 29 CFR part
26.
PART 667—ADMINISTRATIVE
PROVISIONS UNDER TITLE I OF THE
WORKFORCE INVESTMENT ACT
11. The authority citation for part 667
continues to read as follows:
■
§ 655.845 What rules apply to appeal of the
decision of the administrative law judge?
Authority: Subtitle C of Title I, Sec. 506(c),
Pub. L. 105–220, 112 Stat. 936 (20 U.S.C.
9276(c)); Executive Order 13198, 66 FR 8497,
3 CFR 2001 Comp., p. 750; Executive Order
13279, 67 FR 77141, 3 CFR 2002 Comp., p.
258.
*
■
*
*
*
*
(f) All documents submitted to the
Board shall be filed with the
Administrative Review Board in
accordance with 29 CFR part 26.
Documents are not deemed filed with
the Board until actually received by the
Board. All documents, including
documents filed by mail, shall be
received by the Board either on or
before the due date.
*
*
*
*
*
■ 8. In § 655.1245, revise paragraph (f)
to read as follows:
§ 655.1245 Who can appeal the ALJ’s
decision and what is the process?
*
*
*
*
*
(f) All documents submitted to the
Board must be filed with the
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12. In § 667.800, revise paragraph (d)
to read as follows:
1841
(b) The decision of the ALJ constitutes
final agency action unless, within 20
days of the decision, a party dissatisfied
with the ALJ’s decision has filed a
petition for review with the
Administrative Review Board (ARB)
(established under Secretary’s Order No.
01–2020), specifically identifying the
procedure, fact, law, or policy to which
exception is taken, in accordance with
29 CFR part 26. Any exception not
specifically urged is deemed to have
been waived. A copy of the petition for
review must be sent to the opposing
party at that time. Thereafter, the
decision of the ALJ constitutes final
agency action unless the ARB, within 30
days of the filing of the petition for
review, notifies the parties that the case
has been accepted for review. In any
case accepted by the ARB, a decision
must be issued by the ARB within 180
days of acceptance. If a decision is not
so issued, the decision of the ALJ
constitutes final agency action.
PART 683—ADMINISTRATIVE
PROVISIONS UNDER TITLE I OF THE
WORKFORCE INNOVATION AND
OPPORTUNITY ACT
14. The authority citation for Part 683
is revised to read as follows:
■
Authority: Secs. 102, 116, 121, 127, 128,
132, 133, 147, 167, 169, 171, 181, 185, 186,
189, 195, 503, Pub. L. 113–128, 128 Stat.
1425 (Jul. 22, 2014).
15. In § 683.800, revise paragraph (d)
to read as follows:
■
§ 683.800 What actions of the Department
may be appealed to the Office of
Administrative Law Judges?
*
*
*
*
*
(d) A request for a hearing must be
filed with the Chief Administrative Law
Judge, U.S. Department of Labor, in
accordance with 29 CFR part 18, with
one copy to the Departmental official
who issued the determination.
*
*
*
*
*
■ 16. In § 683.830, revise paragraph (b)
to read as follows:
§ 667.800 What actions of the Department
may be appealed to the Office of
Administrative Law Judges?
§ 683.830 When will the Administrative
Law Judge issue a decision?
*
*
*
*
*
*
(d) A request for a hearing must be
filed with the Chief Administrative Law
Judge, U.S. Department of Labor, in
accordance with 29 CFR part 18, with
one copy to the Departmental official
who issued the determination.
*
*
*
*
*
■ 13. In § 667.830, revise paragraph (b)
to read as follows:
§ 667.830 When will the Administrative
Law Judge issue a decision?
*
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*
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*
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*
*
*
*
(b) The decision of the ALJ constitutes
final agency action unless, within 20
days of the decision, a party dissatisfied
with the ALJ’s decision has filed a
petition for review with the
Administrative Review Board (ARB)
(established under Secretary’s Order No.
01–2020), specifically identifying the
procedure, fact, law, or policy to which
exception is taken, in accordance with
29 CFR part 26. Any exception not
specifically raised in the petition is
deemed to have been waived. A copy of
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the petition for review also must be sent
to the opposing party and if an
applicant or recipient, to the Grant
Officer and the Grant Officer’s Counsel
at the time of filing. Unless the ARB,
within 30 days of the filing of the
petition for review, notifies the parties
that the case has been accepted for
review, the decision of the ALJ
constitutes final agency action. In any
case accepted by the ARB, a decision
must be issued by the ARB within 180
days of acceptance. If a decision is not
so issued, the decision of the ALJ
constitutes final agency action.
PART 726—BLACK LUNG BENEFITS;
REQUIREMENTS FOR COAL MINE
OPERATOR’S INSURANCE
17. The authority citation for part 726
is revised to read as follows:
■
Authority: 5 U.S.C. 301; 30 U.S.C. 901 et
seq., 902(f), 925, 932, 933, 934, 936; 33 U.S.C.
901 et seq.; 28 U.S.C. 2461 note (Federal Civil
Penalties Inflation Adjustment Act of 1990
(as amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act
of 2015)); Pub. L. 114–74 at sec. 701;
Reorganization Plan No. 6 of 1950, 15 FR
3174; Secretary’s Order 10–2009, 74 FR
58834.
18. In § 726.308, revise paragraphs (a)
and (b) to read as follows:
■
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§ 726.308
time.
Service and computation of
(a) Service of documents under this
subpart while the matter is before
OWCP shall be made by delivery to the
person, an officer of a corporation, or
attorney of record, or by mailing the
document to the last known address of
the person, officer, or attorney. If service
is made by mail, it shall be considered
complete upon mailing. Unless
otherwise provided in this subpart,
service need not be made by certified
mail. If service is made by delivery, it
shall be considered complete upon
actual receipt by the person, officer, or
attorney; upon leaving it at the person’s,
officer’s, or attorney’s office with a clerk
or person in charge; upon leaving it at
a conspicuous place in the office if no
one is in charge; or by leaving it at the
person’s or attorney’s residence.
(b) Service made after a complaint is
filed under § 726.309 must be made in
accordance with 29 CFR part 18, as
appropriate. When proceedings are
initiated for review by the
Administrative Review Board under
§ 726.314, service must be made in
accordance with 29 CFR part 26, as
appropriate.
*
*
*
*
*
■ 19. In § 726.314, revise the section
heading and paragraph (a) to read as
follows:
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§ 726.314 Review by the Administrative
Review Board.
(a) The Director or any party
aggrieved by a decision of the
Administrative Law Judge may petition
the Administrative Review Board
(Board) for review of the decision by
filing a petition within 30 days of the
date on which the decision was issued.
Any other party may file a cross-petition
for review within 15 days of its receipt
of a petition for review or within 30
days of the date on which the decision
was issued, whichever is later. Copies of
any petition or cross-petition shall be
served on all parties and on the Chief
Administrative Law Judge.
*
*
*
*
*
■ 20. Revise § 726.316 to read as
follows:
§ 726.316
Filing and service.
Frm 00017
Fmt 4702
Sfmt 4702
The Administrative Review Board’s
(Board) review shall be based upon the
hearing record. The findings of fact in
the decision under review shall be
conclusive if supported by substantial
evidence in the record as a whole. The
Board’s review of conclusions of law
shall be de novo. Upon review of the
decision, the Board may affirm, reverse,
modify, or vacate the decision, and may
remand the case to the Office of
Administrative Law Judges for further
proceedings. The Board’s decision shall
be served upon all parties and the Chief
Administrative Law Judge in accordance
with 29 CFR part 26.
OFFICE OF THE SECRETARY OF
LABOR
PART 7—PRACTICE BEFORE THE
ADMINISTRATIVE REVIEW BOARD
WITH REGARD TO FEDERAL AND
FEDERALLY ASSISTED
CONSTRUCTION CONTRACTS
23. The authority citation for part 7 is
revised to read as follows:
■
Authority: Reorg. Plan No. 14 of 1950, 64
Stat. 1267; 5 U.S.C. 301, 3 CFR, 1949–1953
Comp., p. 1007; sec. 2, 48 Stat. 948 as
amended; 40 U.S.C. 276c; secs. 104, 105, 76
Stat. 358, 359; 40 U.S.C. 330, 331; 65 Stat.
290; 36 FR 306, 8755; Secretary’s Order No.
01–2020, 85 FR 13186 (March 6, 2020).
■
24. Revise § 7.3 to read as follows:
§ 7.3
Discretionary review.
(a) Following receipt of a timely
petition for review, the Administrative
Review Board (Board) shall determine
whether the decision warrants review,
and shall send a notice of such
determination to the parties and the
Chief Administrative Law Judge. If the
Board declines to review the decision,
the Administrative Law Judge’s decision
shall be considered the final decision of
the agency. The Board’s determination
to review a decision by an
Administrative Law Judge under this
subpart is solely within the discretion of
the Board.
(b) The Board’s notice shall specify:
(1) The issue or issues to be reviewed;
and
(2) The schedule for submitting
arguments, in the form of briefs or such
other pleadings as the Board deems
appropriate.
(c) Upon receipt of the Board notice,
the Director shall forward the record to
the Board.
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§ 726.318 Decision of the Administrative
Review Board.
Title 29: Labor
(a) Filing. All documents submitted to
the Administrative Review Board
(Board) shall be filed in accordance with
29 CFR part 26.
(b) Computation of time for delivery
by mail. Documents are not deemed
filed with the Board until actually
received by the Board either on or
before the due date. No additional time
shall be added where service of a
document requiring action within a
prescribed time was made by mail.
(c) Manner and proof of service. A
copy of each document filed with the
Board shall be served upon all other
parties involved in the proceeding in
accordance with 29 CFR part 26.
■ 21. Revise § 726.317 to read as
follows:
§ 726.317
22. Revise § 726.318 to read as
follows:
■
Where to file.
The petition accompanied by a
statement of service shall be filed with
the Administrative Review Board, U.S.
Department of Labor, in accordance
with 29 CFR part 26. In addition, copies
of the petition shall be served upon each
of the following:
(a) The Federal, State, or local agency,
or agencies involved;
(b) The officer issuing the wage
determination; and
(c) Any other person (or the
authorized representatives of such
persons) known, or reasonably
expected, to be interested in the subject
matter of the petition.
■ 25. Revise § 7.7 to read as follows:
§ 7.7 Presentations of other interested
persons.
Interested persons other than the
petitioner shall have a reasonable
opportunity as specified by the Board in
particular cases to submit to the Board
written data, views, or arguments
relating to the petition. Such matter
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should be filed with the Administrative
Review Board, U.S. Department of
Labor, in accordance with 29 CFR part
26. Copies of any such matter shall be
served on the petitioner and other
interested persons.
■ 26. In § 7.9, revise paragraph (a) to
read as follows:
§ 7.9 Review of decisions in other
proceedings.
(a) Any party or aggrieved person
shall have a right to file a petition for
review with the Board within a
reasonable time from any final decision
in any agency action under part 1, 3, or
5 of this subtitle.
*
*
*
*
*
■ 27. Revise § 7.12 to read as follows:
§ 7.12
Intervention; other participation.
(a) For good cause shown, the Board
may permit any interested person or
party to intervene or otherwise
participate in any proceeding held by
the Board. Except when requested orally
before the Board, a petition to intervene
or otherwise participate shall be in
writing and shall state with precision
and particularity:
(1) The petitioner’s relationship to the
matters involved in the proceedings;
and
(2) The nature of the presentation
which he would make.
(b) Copies of the petition shall be
served to all parties or interested
persons known to participate in the
proceeding, who may respond to the
petition. Appropriate service shall be
made of any response.
■ 28. Amend § 7.16 by:
■ a. Revising paragraph (a);
■ b. Removing paragraph (b);
■ c. Redesignating paragraphs (c) and
(d) as paragraphs (b) and (c); and
■ d. Revising newly redesignated
paragraph (b).
The revisions read as follows:
§ 7.16
Filing and service.
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(a) Filing. All papers submitted to the
Board under this part shall be filed with
the Clerk of the Appellate Boards, U.S.
Department of Labor.
(b) Manner of service. Service under
this part shall be by the filing party or
interested person and in accordance
with 29 CFR part 26. Service by mail is
complete on mailing.
*
*
*
*
*
PART 8—PRACTICE BEFORE THE
ADMINISTRATIVE REVIEW BOARD
WITH REGARD TO FEDERAL SERVICE
CONTRACTS
29. The authority citation for part 8 is
revised to read as follows:
■
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Authority: Secs. 4 and 5, 79 Stat. 1034,
1035, as amended by 86 Stat. 789, 790, 41
U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No.
14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix;
76 Stat. 357–359, 40 U.S.C. 327–332;
Secretary’s Order No. 01–2020, 85 FR 13186
(March 6, 2020).
30. Amend § 8.10 by:
a. Revising paragraph (a);
b. Removing paragraph (b);
c. Redesignating paragraphs (c), (d),
and (e) as paragraphs (b), (c), and (d);
and
■ d. Revising newly redesignated
paragraph (b).
The revisions read as follows:
■
■
■
■
§ 8.10
Filing and service.
(a) Filing. All papers submitted to the
Board under this part shall be filed with
the Clerk of the Appellate Boards, U.S.
Department of Labor.
(b) Manner of service. Service under
this part shall be in accordance with 29
CFR part 26. Service by mail is complete
on mailing. For purposes of this part,
filing is accomplished upon the day of
service, by mail or otherwise.
*
*
*
*
*
■ 31. In § 8.12, by revise the
introductory text to read as follows:
§ 8.12
Intervention; other participation.
For good cause shown, the Board may
permit any interested party to intervene
or otherwise participate in any
proceeding held by the Board. Except
when requested orally before the Board,
a petition to intervene or otherwise
participate shall be in writing and shall
state with precision and particularity:
*
*
*
*
*
PART 22—PROGRAM FRAUD CIVIL
REMEDIES ACT OF 1986
32. The authority citation for part 22
continues to read as follows:
■
Authority: Pub. L. 99–509, § 6101–6104,
100 Stat. 1874, 31 U.S.C. 3801–3812.
33. In § 22.2:
a. Redesignate paragraphs (b) through
(r) as paragraphs (c) through (s); and
■ b. Add new paragraph (b).
The addition reads as follows:
■
■
§ 22.2
Definitions.
*
*
*
*
(b) ARB means the Administrative
Review Board delegated to act as the
authorized representative of the
Secretary of Labor in review or on
appeal of decisions and
recommendations as provided in
Secretary’s Order 01–2020 (or any
successor to that order).
*
*
*
*
*
■ 34. In § 22.10, remove the words
‘‘authority head’’ and add in their place
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Frm 00018
Fmt 4702
the word ‘‘ARB’’ wherever they occur in
paragraphs (h) through (k) and revise
paragraph (l).
The revision reads as follows:
§ 22.10 Default upon failure to file an
answer.
*
*
*
*
*
(l) If the ARB decides that the
defendant’s failure to file a timely
answer is not excused, the ARB shall
reinstate the initial decision of the ALJ,
which shall become final and binding
upon the parties 30 days after the ARB
issues such decision and it becomes
final in accordance with Secretary’s
Order 01–2020 (or any successor to that
order).
■ 35. In § 22.12, revise paragraph (a) to
read as follows:
§ 22.12
Notice of hearing.
(a) When the ALJ receives the
complaint and answer, the ALJ shall
promptly serve a notice of hearing upon
the defendant in the manner prescribed
by 29 CFR part 18. At the same time, the
ALJ shall send a copy of such notice to
the representative for the Government.
*
*
*
*
*
■ 36. In § 22.14, revise paragraph (a)(2)
to read as follows:
§ 22.14
Separation of functions.
(a) * * *
(2) Participate or advise in the initial
decision or the review of the initial
decision by the ARB, except as a
witness or a representative in public
proceedings; or
*
*
*
*
*
■ 37. In § 22.16, revise paragraph (f)(3)
to read as follows:
§ 22.16 Disqualification of reviewing
official or ALJ.
*
*
*
*
*
(f) * * *
(3) If the ALJ denies a motion to
disqualify, the ARB may determine the
matter only as part of its review of the
initial decision upon appeal, if any.
■ 38. In § 22.26, revise paragraphs (b)
and (c) to read as follows:
§ 22.26
Form, filing and service of papers.
*
*
Sfmt 4702
1843
*
*
*
*
(b) Service. A party filing a document
with the ALJ shall, at the time of filing,
serve a copy of such document on every
other party. Service upon any party of
any document other than those required
to be served as prescribed in § 22.8 shall
be made in accordance with 29 CFR part
18. When a party is represented by a
representative, service shall be made
upon such representative in lieu of the
actual party.
(c) Proof of service. A certificate of the
individual serving the document, setting
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forth the manner of service, shall be
proof of service.
§ 22.31
[Amended]
39. In § 22.31, remove the words
‘‘authority head’’ and add in their place
the word ‘‘ARB’’ in paragraphs (a), (b)
introductory text, and (c).
■ 40. In § 22.35, revise paragraph (b) to
read as follows:
■
§ 22.35
The record.
*
*
*
*
*
(b) The transcript of testimony,
exhibits, and other evidence admitted at
the hearing, and all papers and requests
filed in the proceeding constitute the
record for the decision by the ALJ, the
ARB, and the authority head.
*
*
*
*
*
■ 41. In § 22.37, revise paragraphs (c)
and (d) to read as follows:
§ 22.37
Initial decision.
*
*
*
*
*
(c) The ALJ shall promptly serve the
initial decision on all parties within 90
days after the time for submission of
post-hearing briefs and reply briefs (if
permitted) has expired. The ALJ shall at
the same time serve all parties with a
statement describing the right of any
defendant determined to be liable for a
civil penalty or assessment to file a
motion for reconsideration with the ALJ
or a notice of appeal with the ARB. If
the ALJ fails to meet the deadline
contained in this paragraph, the ALJ
shall notify the parties of the reason for
the delay and shall set a new deadline.
(d) Unless the initial decision of the
ALJ is timely appealed to the ARB, or
a motion for reconsideration of the
initial decision is timely filed, the initial
decision shall constitute the final
decision of the authority head and shall
be final and binding on the parties 30
days after it is issued by the ALJ.
■ 42. In § 22.38, revise paragraphs (f)
and (g) to read as follows:
§ 22.38
Reconsideration of initial decision.
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*
*
*
*
*
(f) If the ALJ denies a motion for
reconsideration, the initial decision
shall constitute the final decision of the
authority head and shall be final and
binding on the parties 30 days after the
ALJ denies the motion, unless the initial
decision is timely appealed to the ARB
in accordance with § 22.39.
(g) If the ALJ issues a revised initial
decision, that decision shall constitute
the final decision of the authority head
and shall be final and binding on the
parties 30 days after it is issued, unless
it is timely appealed to the ARB in
accordance with § 22.39.
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43. In § 22.39, revise paragraphs (a),
(b)(3), (c), (f), and (h) through (l) to read
as follows:
■
§ 22.39
(a) An initial decision is stayed
automatically pending disposition of a
motion for reconsideration or of an
appeal to the ARB.
*
*
*
*
*
■
Appeal to ARB.
(a) Any defendant who has filed a
timely answer and who is determined in
an initial decision to be liable for a civil
penalty or assessment may appeal such
decision to the ARB by filing a notice
of appeal with the ARB in accordance
with this section and with 29 CFR part
26.
(b) * * *
(3) The ARB may extend the initial
30-day period for an additional 30 days
if the defendant files with the ARB a
request for an extension within the
initial 30-day period and shows good
cause.
(c) If the defendant files a timely
notice of appeal with the ARB, and the
time for filing motions for
reconsideration under § 22.38 has
expired, the ALJ shall forward the
record of the proceeding to the ARB.
*
*
*
*
*
(f) There is no right to appear
personally before the ARB.
*
*
*
*
*
(h) In reviewing the initial decision,
the ARB shall not consider any
objection that was not raised before the
ALJ unless a demonstration is made of
extraordinary circumstances causing the
failure to raise the objection.
(i) If any party demonstrates to the
satisfaction of the ARB that additional
evidence not presented at such hearing
is material and that there were
reasonable grounds for the failure to
present such evidence at such hearing,
the ARB shall remand the matter to the
ALJ for consideration of such additional
evidence.
(j) The ARB may affirm, reduce,
reverse, compromise, remand, or settle
any penalty or assessment, determined
by the ALJ in any initial decision. The
ARB’s decision is subject to
discretionary review by the Secretary as
provided in Secretary’s Order 01–2020
(or any successor to that order).
(k) The ARB shall promptly serve
each party to the appeal with a copy of
the decision of the ARB and a statement
describing the right of any person
determined to be liable for a penalty or
assessment to seek judicial review.
(l) Unless a petition for review is filed
as provided in 31 U.S.C. 3805 after a
defendant has exhausted all
administrative remedies under this part
and within 60 days after the date on
which the authority head serves the
defendant with a copy of the authority
head’s decision, a determination that a
defendant is liable under § 22.3 is final
and is not subject to judicial review.
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Fmt 4702
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44. In § 22.41, revise paragraph (a) to
read as follows:
§ 22.41
Stay pending appeal.
PART 24—PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER THE EMPLOYEE
PROTECTION PROVISIONS OF SIX
ENVIRONMENTAL STATUTES AND
SECTION 211 OF THE ENERGY
REORGANIZATION ACT OF 1974, AS
AMENDED
45. The authority citation for part 24
is revised to read as follows:
■
Authority: 15 U.S.C. 2622; 33 U.S.C. 1367;
42 U.S.C. 300j–9(i)BVG, 5851, 6971, 7622,
9610; Secretary of Labor’s Order No. 5–2007,
72 FR 31160 (June 5, 2007); Secretary’s Order
No. 01–2020, 85 FR 13186 (March 6, 2020).
46. In § 24.105, revise paragraph (b) to
read as follows:
■
§ 24.105
Issuance of findings and orders.
*
*
*
*
*
(b) The findings and order will be sent
by means that allow OSHA to confirm
delivery to all parties of record (and
each party’s legal counsel if the party is
represented by counsel). The findings
and order will inform the parties of their
right to file objections and to request a
hearing and provide the address of the
Chief Administrative Law Judge. The
Assistant Secretary will file a copy of
the original complaint and a copy of the
findings and order with the Chief
Administrative Law Judge, U.S.
Department of Labor.
*
*
*
*
*
■ 47. In § 24.106, revise paragraph (a) to
read as follows:
§ 24.106 Objections to the findings and
order and request for a hearing.
(a) Any party who desires review,
including judicial review, of the
findings and order must file any
objections and/or a request for a hearing
on the record within 30 days of receipt
of the findings and order pursuant to
§ 24.105(b). The objection and/or
request for a hearing must be in writing
and state whether the objection is to the
findings and/or the order. The date of
the postmark, facsimile transmittal,
email communication, or electronic
submission will be considered to be the
date of filing; if the objection is filed in
person, by hand-delivery or other
means, the objection is filed upon
receipt. Objections must be filed with
the Chief Administrative Law Judge,
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U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, the Assistant Secretary, and
the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
*
*
*
*
*
■ 48. In § 24.107, revise paragraph (b) to
read as follows:
§ 24.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to a judge who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or otherwise
agreed to by the parties. Hearings will
be conducted de novo, on the record.
*
*
*
*
*
■ 49. In § 24.110, revise paragraphs (a)
and (c) to read as follows:
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§ 24.110 Decision and orders of the
Administrative Review Board.
(a) Any party desiring to seek review,
including judicial review, of a decision
of the ALJ must file a written petition
for review with the ARB, U.S.
Department of Labor, in accordance
with 29 CFR part 26. The decision of the
ALJ will become the final order of the
Secretary unless, pursuant to this
section, a timely petition for review is
filed with the ARB and the ARB accepts
the case for review. The parties should
identify in their petitions for review the
legal conclusions or orders to which
they object, or the objections will
ordinarily be deemed waived. A petition
must be filed within 10 business days of
the date of the decision of the ALJ. The
date of the postmark, facsimile
transmittal, email communication, or
electronic submission will be
considered to be the date of filing; if the
petition is filed in person, by handdelivery or other means, the petition is
considered filed upon receipt. The
petition must be served on all parties
and on the Chief Administrative Law
Judge at the time it is filed with the
ARB. Copies of the petition for review
and all briefs must be served on the
Assistant Secretary, Occupational Safety
and Health Administration, and on the
Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
*
*
*
*
*
(c) The final decision of the ARB will
be issued within 90 days of the filing of
the complaint. The decision will be
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served upon all parties and the Chief
Administrative Law Judge. The final
decision will also be served on the
Assistant Secretary, Occupational Safety
and Health Administration, and on the
Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor, even if the Assistant Secretary is
not a party.
*
*
*
*
*
■ 50. Add part 26 to read as follows:
PART 26—ADMINISTRATIVE REVIEW
BOARD RULES OF PRACTICE AND
PROCEDURE
Sec.
26.1
26.2
26.3
26.4
Purpose and scope.
General procedural matters.
Filing.
Service.
Authority: Secretary’s Order 01–2020, 85
FR 13186 (March 6, 2020).
§ 26.1
Purpose and scope.
(a) This part contains the rules of
practice of the Administrative Review
Board (ARB) when it is exercising its
authority as described in paragraph (b)
of this section. These rules shall govern
all appeals and proceedings before the
ARB except when inconsistent with a
governing statute, regulation, or
executive order, in which event the
latter shall control.
(b) The ARB has authority to act as
the authorized representative of the
Secretary of Labor in review or on
appeal of decisions and
recommendations as provided in
Secretary’s Order 01–2020 (or any
successor to that order). The ARB shall
act as fully and finally as the Secretary
of Labor concerning such matters,
except as provided in Secretary’s Order
01–2020 (or any successor to that order).
§ 26.2
General procedural matters.
(a) Definitions. (1) ARB means the
Administrative Review Board.
(2) Electronic case management
system means the Department of Labor’s
electronic filing and electronic service
system for adjudications.
(b) Computing time. (1) Unless a
different time is set by statute,
regulation, executive order, or judge’s
order, when computing a time period
stated in days,
(i) Exclude the day of the event that
triggers the period;
(ii) Count every day, including
intermediate Saturdays, Sundays, and
legal holidays; and
(iii) Include the last day of the period,
but if the last day is a Saturday, Sunday,
or legal holiday, the period continues to
run until the next day that is not a
Saturday, Sunday, or legal holiday.
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(2) Unless a different time is set by
statute, regulation, executive order, or
judge’s order, the ‘‘last day’’ ends:
(i) For electronic filing via the
Department’s electronic case
management system or via other
electronic means, at 11:59:59 Eastern
Time on the due date.
(ii) For non-electronic filing, at the
time the office of the Clerk of the
Appellate Boards is scheduled to close
in Washington, DC on the due date.
(c) Mailing address. The mailing
address for the ARB is: Administrative
Review Board, Clerk of the Appellate
Boards, U.S. Department of Labor, 200
Constitution Ave. NW, Washington, DC
20210.
§ 26.3
Filing.
(a) Filing by electronic submission (efiling) via the Department’s electronic
case management system—(1) Attorneys
and lay representatives. Except as
otherwise provided in this section,
beginning on [DATE 45 DAYS AFTER
EFFECTIVE DATE OF FINAL RULE],
attorneys and lay representatives must
file all petitions, pleadings, exhibits,
and other documents with the ARB via
the Department’s electronic case
management system. Paper copies are
not required unless requested by the
ARB.
(2) Good cause exception. Attorneys
and lay representatives may request an
exemption to e-filing for good cause
shown. Such a request must include a
detailed explanation why e-filing or
acceptance of e-service should not be
required.
(3) Self-represented persons. Selfrepresented persons may use but are not
required to use the Department’s
electronic case management system to
file documents.
(4) Filing—date of receipt. Unless a
different time is set by statute,
regulation, executive order, or judge’s
order, a document is considered filed
when received by the Clerk of the
Appellate Boards. Documents filed
through the Department’s electronic
case management system are considered
received by the Clerk of the Appellate
Boards as of the date and time recorded
by the Department’s electronic case
management system.
(5) Signing. A filing made through a
registered user’s account on the
Department’s electronic case
management system and authorized by
that person, together with that person’s
name on a signature block, constitutes
the person’s signature.
(6) Relief for Technical Failures. A
person who is adversely affected by a
technical failure in connection with
filing or receipt of an electronic
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document may seek appropriate relief
from the ARB. If a technical malfunction
or other issue prevents access to the
Department’s case management system
for a protracted period, the ARB by
special order may provide appropriate
relief pending restoration of electronic
access.
(b) Alternate methods of filing. Unless
a different time is set by statute,
regulation, executive order, or judge’s
order, a document filed using a method
other than the Department’s electronic
case management system is considered
filed when received by the Clerk of the
Appellate Boards.
§ 26.4
Service.
(a) Electronic service. Electronic
service may be completed by
(1) Electronic mail, if consented to in
writing by the person served; or
(2) Sending it to a user registered with
the Department’s electronic case
management system by filing via this
system. A person who registers to use
the Department’s case management
system is deemed to have consented to
accept service through the system.
(b) Non-electronic service. Unless
otherwise provided by statute,
regulation, executive order, or judge’s
order, non-electronic service may be
completed by:
(1) Personal delivery;
(2) Mail; or
(3) Commercial delivery.
(c) When service is effected. Unless
otherwise provided by statute,
regulation, executive order, or judge’s
order,
(1) Service by personal delivery is
effected on the date the document is
delivered to the recipient.
(2) Service by mail or commercial
carrier is effected on mailing or delivery
to the carrier.
(3) Service by electronic means is
effected on sending.
PART 29—LABOR STANDARDS FOR
THE REGISTRATION OF
APPRENTICESHIP PROGRAMS
51. The authority citation for part 29
is revised to read as follow:
■
Authority: Section 1, 50 Stat. 664, as
amended (29 U.S.C. 50; 40 U.S.C. 3145; 5
U.S.C. 301) Reorganization Plan No. 14 of
1950, 64 Stat. 1267 (5 U.S.C. App. P. 534).
52. In § 29.10, revise paragraphs (a)
introductory text and (c) to read as
follows:
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§ 29.10
Hearings for deregistration.
(a) Within 10 days of receipt of a
request for a hearing, the Administrator
of the Office of Apprenticeship must
contact the Department’s Office of
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Administrative Law Judges to request
the designation of an Administrative
Law Judge to preside over the hearing.
The Administrative Law Judge shall
give reasonable notice of such hearing to
the appropriate sponsor. Such notice
will include:
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*
*
*
(c) The Administrative Law Judge
should issue a written decision within
90 days of the close of the hearing
record. The Administrative Law Judge’s
decision constitutes final agency action
unless, within 15 days from receipt of
the decision, a party dissatisfied with
the decision files a petition for review
with the Administrative Review Board
in accordance with 29 CFR part 26,
specifically identifying the procedure,
fact, law, or policy to which exception
is taken. Any exception not specifically
urged is deemed to have been waived.
A copy of the petition for review must
be served on the opposing party at the
same time in accordance with 29 CFR
part 26. Thereafter, the decision of the
Administrative Law Judge remains final
agency action unless the Administrative
Review Board, within 30 days of the
filing of the petition for review, notifies
the parties that it has accepted the case
for review. The Administrative Review
Board may set a briefing schedule or
decide the matter on the record. The
Administrative Review Board must
issue a decision in any case it accepts
for review within 180 days of the close
of the record. If a decision is not so
issued, the Administrative Law Judge’s
decision constitutes final agency action.
■ 53. In § 29.13, revise paragraph (g)
introductory text and paragraph (g)(3) to
read as follows:
§ 29.13 Recognition of State
Apprenticeship Agencies.
*
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PART 37—IMPLEMENTATION OF THE
NONDISCRIMINATION AND EQUAL
OPPORTUNITY PROVISIONS OF THE
WORKFORCE INVESTMENT ACT OF
1998 (WIA)
54. The authority citation for part 37
continues to read as follows:
■
Authority: Sections 134(b), 136(d)(2)(F),
136(e), 172(a), 183(c), 185(d)(1)(E), 186, 187
and 188 of the Workforce Investment Act of
1998, 29 U.S.C. 2801, et seq.; Title VI of the
Civil Rights Act of 1964, as amended, 42
U.S.C. 2000d, et seq.; Section 504 of the
Rehabilitation Act of 1973, as amended, 29
U.S.C. 794; the Age Discrimination Act of
1975, as amended, 42 U.S.C. 6101; Title IX
of the Education Amendments of 1972, as
amended, 29 U.S.C. 1681; Executive Order
13198, 66 FR 8497, 3 CFR 2001 Comp., p.
750; and Executive Order 13279, 67 FR
77141, 3 CFR 2002 Comp., p. 258.
55. In § 37.111, revise paragraph (b)(2)
introductory text to read as follows:
■
§ 37.111 What hearing procedures does
the Department follow?
*
*
*
*
*
(g) Denial of state apprenticeship
agency recognition. A denial by the
Office of Apprenticeship of a State
Apprenticeship Agency’s application for
new or continued recognition must be
in writing and must set forth the reasons
for denial. The notice must be sent by
certified mail, return receipt requested.
In addition to the reasons stated for the
denial, the notice must specify the
remedies which must be undertaken
prior to consideration of a resubmitted
request, and must state that a request for
administrative review of a denial of
recognition may be made within 30
calendar days of receipt of the notice of
denial from the Department. Such
request must be filed with the Chief
Administrative Law Judge for the
Department in accordance with 29 CFR
part 18. Within 30 calendar days of the
filing of the request for review, the
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Administrator must prepare an
administrative record for submission to
the Administrative Law Judge
designated by the Chief Administrative
Law Judge.
*
*
*
*
*
(3) Within 20 days of the receipt of
the recommended decision, any party
may file exceptions. Any party may file
a response to the exceptions filed by
another party within 10 days of receipt
of the exceptions. All exceptions and
responses must be filed with the
Administrative Review Board with
copies served on all parties and amici
curiae in accordance with 29 CFR part
26.
*
*
*
*
*
*
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(b) * * *
(2) To request a hearing, the grant
applicant or recipient must file a written
answer to the Final Determination or
Notification of Breach of Conciliation
Agreement, and a copy of the Final
Determination or Notification of Breach
of Conciliation Agreement, with the
Office of the Administrative Law Judges
in accordance with 29 CFR part 18.
*
*
*
*
*
■ 56. Revise § 37.112 to read as follows:
§ 37.112 What procedures for initial and
final decisions does the Department follow?
(a) Initial decision. After the hearing,
the Administrative Law Judge must
issue an initial decision and order,
containing findings of fact and
conclusions of law. The initial decision
and order must be served on all parties
in accordance with 29 CFR part 18.
(b) Exceptions; final decision—(1)
Final decision after a hearing. The
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initial decision and order becomes the
Final Decision and Order of the
Secretary unless exceptions are filed by
a party or, in the absence of exceptions,
the Administrative Review Board
(Board) serves notice that it will review
the decision.
(i) A party dissatisfied with the initial
decision and order may, within 45 days
of receipt, file with the Board and serve
on the other parties to the proceedings
and on the Administrative Law Judge,
exceptions to the initial decision and
order or any part thereof, in accordance
with 29 CFR part 26.
(ii) Upon receipt of exceptions, the
Administrative Law Judge must index
and forward the record and the initial
decision and order to the Board within
three days of such receipt.
(iii) A party filing exceptions must
specifically identify the finding or
conclusion to which exception is taken.
Any exception not specifically urged is
waived.
(iv) Within 45 days of the date of
filing such exceptions, a reply, which
must be limited to the scope of the
exceptions, may be filed and served by
any other party to the proceeding.
(v) Requests for extensions for the
filing of exceptions or replies must be
received by the Board no later than 3
days before the exceptions or replies are
due.
(vi) If no exceptions are filed, the
Board may, within 30 days of the
expiration of the time for filing
exceptions, on its own motion serve
notice on the parties that it will review
the decision.
(vii) Final decision and order.
(A) Where exceptions have been filed,
the initial decision and order of the
Administrative Law Judge becomes the
Final Decision and Order of the
Secretary unless the Board, within 30
days of the expiration of the time for
filing exceptions and replies, has
notified the parties that the case is
accepted for review.
(B) Where exceptions have not been
filed, the initial decision and order of
the Administrative Law Judge becomes
the Final Decision and Order of the
Secretary unless the Board has served
notice on the parties that it will review
the decision, as provided in paragraph
(b)(1)(vi) of this section.
(viii) In any case reviewed by the
Board under this paragraph, a decision
must be issued within 180 days of the
notification of such review. If the Board
fails to issue a Decision and Order
within the 180-day period, the initial
decision and order of the
Administrative Law Judge becomes the
Final Decision and Order of the
Secretary.
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(2) Final Decision where a hearing is
waived. (i) If, after issuance of a Final
Determination under § 37.100 or
Notification of Breach of Conciliation
Agreement under § 37.104, voluntary
compliance has not been achieved
within the time set by this part and the
opportunity for a hearing has been
waived as provided for in § 37.111(b)(4),
the Final Determination or Notification
of Breach of Conciliation Agreement
becomes the Final Decision of the
Secretary.
(ii) When a Final Determination or
Notification of Breach of Conciliation
Agreement becomes the Final Decision
of the Secretary, the Secretary may,
within 45 days, issue an order
terminating or denying the grant or
continuation of assistance or imposing
other appropriate sanctions for the grant
applicant or recipient’s failure to
comply with the required corrective
and/or remedial actions, or referring the
matter to the Attorney General for
further enforcement action.
PART 38—IMPLEMENTATION OF THE
NONDISCRIMINATION AND EQUAL
OPPORTUNITY PROVISIONS OF THE
WORKFORCE INNOVATION AND
OPPORTUNITY ACT
57. The authority citation for part 38
continues to read as follows:
■
Authority: 29 U.S.C. 3101 et seq.; 42 U.S.C.
2000d et seq.; 29 U.S.C. 794; 42 U.S.C. 6101
et seq.; and 20 U.S.C. 1681 et seq.
58. In § 38.111, revise paragraph (b)(2)
introductory text to read as follows:
■
§ 38.111
Hearing procedures.
*
*
*
*
*
(b) * * *
(2) To request a hearing, the grant
applicant or recipient must file a written
answer to the Final Determination or
Notification of Breach of Conciliation
Agreement, and a copy of the Final
Determination or Notification of Breach
of Conciliation Agreement, with the
Office of the Administrative Law Judges
in accordance with 29 CFR part 18.
*
*
*
*
*
■ 59. In § 38.112, revise paragraphs (a)
and (b)(1)(i) and (iv) to read as follows:
§ 38.112 Initial and final decision
procedures.
(a) Initial decision. After the hearing,
the Administrative Law Judge must
issue an initial decision and order,
containing findings of fact and
conclusions of law. The initial decision
and order must be served on all parties.
(b) * * *
(1) * * *
(i) Exceptions. A party dissatisfied
with the initial decision and order may,
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1847
within 45 days of receipt, file with the
Administrative Review Board and serve
on the other parties to the proceedings
and on the Administrative Law Judge,
exceptions to the initial decision and
order or any part thereof, in accordance
with 29 CFR part 26.
*
*
*
*
*
(iv) Reply. Within 45 days of the date
of filing such exceptions, a reply, which
must be limited to the scope of the
exceptions, may be filed and served by
any other party to the proceeding in
accordance with 29 CFR part 26.
*
*
*
*
*
PART 96—AUDIT REQUIREMENTS
FOR GRANTS, CONTRACTS, AND
OTHER AGREEMENTS
60. The authority citation for part 96
continues to read as follows:
■
Authority: 31 U.S.C. 7501 et seq. and OMB
Circular No. A–133, as amended.
61. In § 96.63, revise paragraphs
(b)(1)(i) and (b)(4) to read as follows:
■
§ 96.63
Federal financial assistance
*
*
*
*
*
(b) * * *
(1) * * *
(i) Request for hearing. Within 21
days of receipt of the grant officer’s final
determination, the recipient may file a
request for hearing with the Chief
Administrative Law Judge, United
States Department of Labor, with a copy
to the grant officer who signed the final
determination. The Chief
Administrative Law Judge shall
designate an administrative law judge to
hear the appeal.
*
*
*
*
*
(4) Filing exceptions to decision. The
decision of the administrative law judge
shall constitute final action by the
Secretary of Labor, unless, within 21
days after receipt of the decision of the
administrative law judge, a party
dissatisfied with the decision or any
part thereof has filed exceptions with
the Administrative Review Board (the
Board), specifically identifying the
procedure or finding of fact, law, or
policy with which exception is taken, in
accordance with 29 CFR part 26. Any
exceptions not specifically urged shall
be deemed to have been waived.
Thereafter, the decision of the
administrative law judge shall become
the decision of the Secretary, unless the
Board, within 30 days of such filing, has
notified the parties that the case has
been accepted for review.
*
*
*
*
*
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Office of Labor-Management Standards
PART 417—PROCEDURE FOR
REMOVAL OF LOCAL LABOR
ORGANIZATION OFFICERS
62. The authority for part 417
continues to read as follows:
■
63. In § 417.14, revise paragraph (a) to
read as follows:
■
§ 417.14 Form and time for filing of appeal
with the Administrative Review Board.
(a) An interested person may appeal
from the Administrative Law Judge’s
initial decision by filing written
exceptions with the Administrative
Review Board within 15 days of the
issuance of the Administrative Law
Judge’s initial decision (or such
additional time as the Administrative
Review Board may allow), together with
supporting reasons for such exceptions,
in accordance with 29 CFR part 26.
Blanket appeals shall not be received.
Impertinent or scandalous matter may
be stricken by the Administrative
Review Board, or an appeal containing
such matter or lacking in specification
of exceptions may be dismissed.
*
*
*
*
*
■ 64. Revise § 417.15 to read as follows:
§ 417.15 Decision of the Administrative
Review Board.
Upon appeal filed with the
Administrative Review Board pursuant
to § 417.14, or within its discretion
upon its own motion, the complete
record of the proceedings shall be
certified to it; it shall notify all
interested persons who participated in
the proceedings; and it shall review the
record, the exceptions filed and
supporting reasons, and shall issue a
decision as to the adequacy of the
constitution and bylaws for the purpose
of removing officers, or shall order such
further proceedings as it deems
appropriate. Its decision shall become a
part of the record and shall include a
statement of its findings and
conclusions, as well as the reasons or
basis therefor, upon all material issues.
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65. The authority for part 458 is
revised to read as follows:
Authority: 5 U.S.C. 7105, 7111, 7120, 7134;
22 U.S.C. 4107, 4111, 4117; 2 U.S.C.
1351(a)(1); Secretary’s Order No. 03–2012, 77
FR 69376, November 16, 2012; Secretary’s
Order No. 01–2020, 85 FR 13186 (March 6,
2020).
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§ 500.263 Authority of the Administrative
Review Board.
*
*
*
*
(c) Exceptions to the Administrative
Law Judge’s recommended decision and
order may be filed by any party with the
Administrative Review Board within
fifteen (15) days after service of the
recommended decision and order, in
accordance with 29 CFR part 26. The
Administrative Review Board may for
good cause shown extend the time for
filing such exceptions. Requests for
additional time in which to file
exceptions shall be in writing, and
copies thereof shall be served on the
other parties. Requests for extension of
time must be received no later than
three (3) days before the date the
exceptions are due. Copies of such
exceptions and any supporting briefs
shall be served on all other parties, and
a statement of such service shall be
furnished to the Administrative Review
Board.
■ 67. In § 458.90, revise paragraph (a)
introductory text to read as follows:
§ 458.90
Briefs in support of exceptions.
(a) Any brief in support of exceptions
shall be filed in accordance with 29 CFR
part 26, contain only matters included
within the scope of the exceptions, and
contain, in the order indicated, the
following:
*
*
*
*
*
Wage and Hour Division
PART 500—MIGRANT AND SEASONAL
AGRICULTURAL WORKER
PROTECTION
68. The authority for part 500
continues to read as follows:
■
Authority: Pub. L. 97–470, 96 Stat. 2583
(29 U.S.C. 1801–1872); Secretary’s Order No.
01–2014 (Dec. 19, 2014), 79 FR 77527 (Dec.
24, 2014); 28 U.S.C. 2461 Note (Federal Civil
Penalties Inflation Adjustment Act of 1990);
and Pub. L. 114–74, 129 Stat 584.
69. In § 500.20, revise paragraph (b) to
read as follows:
■
Definitions.
*
■
21:32 Jan 08, 2021
§ 458.88 Submission of the Administrative
Law Judge’s recommended decision and
order to the Administrative Review Board;
exceptions.
§ 500.20
PART 458—STANDARDS OF
CONDUCT
70. In § 500.263, revise the section
heading and introductory text to read as
follows:
■
*
Authority: Secs. 401, 402, 73 Stat. 533, 534
(29 U.S.C. 481, 482); Secretary’s Order No.
03–2012, 77 FR 69376, November 16, 2012;
Secretary’s Order No. 01–2020, 85 FR 13186
(March 6, 2020).
VerDate Sep<11>2014
66. In § 458.88, revise paragraph (c) to
read as follows:
■
*
*
*
*
(b) Administrative Law Judge means a
person appointed as provided in title 5
U.S.C. and qualified to preside at
hearings under 5 U.S.C. 557. Chief
Administrative Law Judge means the
Chief Administrative Law Judge, United
States Department of Labor.
*
*
*
*
*
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The Administrative Review Board
may modify or vacate the Decision and
Order of the Administrative Law Judge
whenever it concludes that the Decision
and Order:
*
*
*
*
*
■ 71. In § 500.264, revise paragraph (a)
to read as follows:
§ 500.264
Procedures for initiating review.
(a) Within twenty (20) days after the
date of the decision of the
Administrative Law Judge, the
respondent, the Administrator, or any
other party desiring review thereof, may
file with the Administrative Review
Board (Board) a petition for issuance of
a Notice of Intent as described under
§ 500.265. The petition shall be in
writing and shall contain a concise and
plain statement specifying the grounds
on which review is sought. A copy of
the Decision and Order of the
Administrative Law Judge shall be
attached to the petition.
*
*
*
*
*
■ 72. Revise 500.265 to read as follows:
§ 500.265 Implementation by the
Administrative Review Board.
(a) Whenever, on the Administrative
Review Board’s (Board) own motion or
upon acceptance of a party’s petition,
the Board believes that a Decision and
Order may warrant modifying or
vacating, the Board shall issue a Notice
of Intent to modify or vacate.
(b) The Notice of Intent to Modify or
Vacate a Decision and Order shall
specify the issue or issues to be
considered, the form in which
submission shall be made (i.e., briefs,
oral argument, etc.), and the time within
which such presentation shall be
submitted. The Board shall closely limit
the time within which the briefs must
be filed or oral presentations made, so
as to avoid unreasonable delay.
(c) The Notice of Intent shall be
issued within thirty (30) days after the
date of the Decision and Order in
question.
(d) Service of the Notice of Intent
shall be made upon each party to the
proceeding, and upon the Chief
Administrative Law Judge, in
accordance with 29 CFR part 26.
■ 73. Revise § 500.266 to read as
follows:
§ 500.266 Responsibility of the Office of
Administrative Law Judges.
Upon receipt of the Administrative
Review Board’s (Board) Notice of Intent
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to Modify or Vacate a Decision and
Order of an Administrative Law Judge,
the Chief Administrative Law Judge
shall, within fifteen (15) days, index,
certify, and forward a copy of the
complete hearing record to the Board.
■ 74. Revise § 500.267 to read as
follows:
§ 500.267
Filing and service.
(a) Filing. All documents submitted to
the Administrative Review Board
(Board) shall be filed in accordance with
29 CFR part 26.
(b) Computation of time for delivery.
Documents are not deemed filed with
the Board until actually received by that
office. All documents, including
documents filed by mail, must be
received by the Board either on or
before the due date.
(c) Manner and proof of service. A
copy of all documents filed with the
Board shall be served upon all other
parties involved in the proceeding.
Service under this section shall be in
accordance with 29 CFR part 26.
■ 75. Revise § 500.268 to read as
follows:
§ 500.268 Decision of the Administrative
Review Board.
(a) The Administrative Review
Board’s (Board) Decision and Order
shall be issued within 120 days from the
notice of intent granting the petition,
except that in cases involving the
review of an Administrative Law Judge
decision in a certificate action as
described in § 500.224(b), the Board’s
decision shall be issued within ninety
(90) days from the date such notice. The
Board’s Decision and Order shall be
served upon all parties and the Chief
Administrative Law Judge, in
accordance with 29 CFR part 26.
(b) Upon receipt of an Order of the
Board modifying or vacating the
Decision and Order of an
Administrative Law Judge, the Chief
Administrative Law Judge shall
substitute such Order for the Decision
and Order of the Administrative Law
Judge.
(c) The Board’s decision is subject to
discretionary review by the Secretary as
provided in Secretary’s Order 01–2020
(or any successor to that order).
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PART 525—EMPLOYMENT OF
WORKERS WITH DISABILITIES UNDER
SPECIAL CERTIFICATES
76. The authority citation for part 525
continues to read as follows:
■
Authority: 52 Stat. 1060, as amended (29
U.S.C. 201–219); Pub. L. 99–486, 100 Stat.
1229 (29 U.S.C. 214).
77. In § 525.22, revise paragraphs (e)
through (h) to read as follows:
■
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§ 525.22
Employee’s right to petition
*
*
*
*
*
(e) The ALJ shall issue a decision
within 30 days after the termination of
the hearing and shall serve the decision
on the Administrator and all interested
parties in accordance with 29 CFR part
18. The decision shall contain
appropriate findings and conclusions
and an order. If the ALJ finds that the
special minimum wage being paid or
which has been paid is not justified, the
order shall specify the lawful rate and
the period of employment to which the
rate is applicable. In the absence of
evidence sufficient to support the
conclusion that the proper wage should
be less than the minimum wage, the ALJ
shall order that the minimum wage be
paid.
(f) Within 15 days after the date of the
decision of the ALJ, the petitioner, the
Administrator, or the employer who
seeks review thereof may request review
by the Administrative Review Board
(Board). The request must be filed in
accordance with 29 CFR part 26 and
must include a copy of the ALJ’s
decision. Any other interested party
may file a reply thereto with the Board
and the Administrator within 5 working
days of receipt of such request for
review. The request for review and reply
thereto shall be transmitted by the
Administrator to all interested parties
by a method guaranteeing one-day
delivery.
(g) The decision of the ALJ shall be
deemed to be final agency action 30
days after issuance thereof, unless
within 30 days of the date of the
decision the Board grants a request to
review the decision. Where such request
for review is granted, within 30 days
after receipt of such request the Board
shall review the record and shall either
adopt the decision of the ALJ or issue
exceptions. The decision of the ALJ,
together with any exceptions issued by
the Board, shall be deemed to be a final
agency action, unless the Secretary
exercises discretionary review over the
decision and exceptions as provided in
Secretary’s Order 01–2020 (or any
successor to that order).
(h) Within 30 days of issuance of the
decision of the ALJ, ARB, or Secretary
becoming a final action, any person
adversely affected or aggrieved by such
action may seek judicial review
pursuant to chapter 7 of title 5, United
States Code. The record of the case,
including the record of proceedings
before the ALJ, shall be transmitted by
the Board to the appropriate court
pursuant to the rules of such court.
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PART 530—EMPLOYMENT OF
HOMEWORKERS IN CERTAIN
INDUSTRIES
78. The authority citation for part 530
continues to read as follows:
■
Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C.
211) as amended by sec. 9, 63 Stat. 910 (29
U.S.C. 211(d)); Secretary’s Order No. 01–2014
(Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014);
28 U.S.C. 2461 note (Federal Civil Penalties
Inflation Adjustment Act of 1990); Pub. L.
114–74 at § 701, 129 Stat 584.
79. In § 530.403, revise paragraph (c)
to read as follows:
■
§ 530.403
Request for hearing.
*
*
*
*
*
(c) In the case of an emergency
revocation, a request for an
administrative hearing shall be filed
with the Chief Administrative Law
Judge in accordance with 29 CFR part
18, and must be received no later than
20 days after the issuance of the notice
referred to in § 530.402 of this subpart.
■ 80. In § 530.406, revise paragraph (c)
to read as follows:
§ 530.406 Decision and order of
Administrative Law Judge.
*
*
*
*
*
(c) The decision shall be served on all
parties and the Secretary. The decision
when served by the Administrative Law
Judge shall constitute the final order of
the Department of Labor unless the
Administrative Review Board, as
provided for in § 530.407 of this
subpart, determines to review the
decision.
§ 530.407
[Amended]
81. In § 530.407, remove the word
‘‘Secretary’’ wherever it occurs and add
in its place the words ‘‘Administrative
Review Board’’.
■
§ 530.408
[Amended]
82. In § 530.408, remove the word
‘‘Secretary’’ wherever it occurs and add
in its place the words ‘‘Administrative
Review Board’’.
■ 83. Revise § 530.409 to read as
follows:
■
§ 530.409
Decision of the Secretary.
The Administrative Review Board’s
decision shall be served upon all parties
and the Administrative Law Judge. The
Administrative Review Board’s decision
is subject to discretionary review by the
Secretary as provided in Secretary’s
Order 01–2020 (or any successor to that
order).
■ 84. In § 530.411, revise paragraphs (c),
(d), and (f) to read as follows:
§ 530.411 Emergency certificate
revocation procedures.
*
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(c) The Office of Administrative Law
Judges shall notify the parties,
electronically or at their last known
address, of the date, time, and place for
the hearing, which shall be no more
than 60 days from the date of receipt of
the request for the hearing. All parties
shall be given at least 5 days’ notice of
such hearing. No requests for
postponement shall be granted except
for compelling reasons.
(d) The Administrative Law Judge
shall issue a decision pursuant to
§ 530.406 of this subpart within 30 days
after the termination of a proceeding at
which evidence was submitted. The
decision shall be served on all parties
and the Administrative Review Board
(‘‘Board’’) and shall constitute the final
order of the Department of Labor unless
the Board determines to review the
decision.
*
*
*
*
*
(f) The Board’s decision shall be
issued within 60 days of the notice by
the Board accepting the submission, and
shall be served upon all parties and the
Administrative Law Judge. The Board’s
decision is subject to discretionary
review by the Secretary as provided in
Secretary’s Order 01–2020 (or any
successor to that order).
PART 580—CIVIL MONEY
PENALTIES—PROCEDURES FOR
ASSESSING AND CONTESTING
PENALTIES
Authority: 29 U.S.C. 9a, 203, 209, 211, 212,
213(c), 216; Reorg. Plan No. 6 of 1950, 64
Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat.
72, 76; Secretary’s Order 01–2014 (Dec. 19,
2014), 79 FR 77527 (Dec. 24, 2014); 5 U.S.C.
500, 503, 551, 559; 103 Stat. 938.
86. In § 580.8, revise paragraphs (a)
and (c) to read as follows:
■
Service and computation of time.
jbell on DSKJLSW7X2PROD with PROPOSALS
(a) Service of documents under this
subpart shall be made to the individual,
an officer of a corporation, or attorney
of record in accordance with 29 CFR
part 18.
*
*
*
*
*
(c) Time will be computed in
accordance with part 18.
■ 87. In § 580.13, revise paragraphs (b)
and (d) to read as follows:
*
*
*
*
*
(b) All documents submitted to the
Board shall be filed with the
Administrative Review Board in
accordance with 29 CFR part 26.
*
*
*
*
*
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The Board’s decision shall be served
upon all parties and the Chief
Administrative Law Judge.
Occupational Safety and Health
Administration
PART 1978—PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER THE EMPLOYEE
PROTECTION PROVISION OF THE
SURFACE TRANSPORTATION
ASSISTANCE ACT OF 1982 (STAA), AS
AMENDED
89. The authority citation for part
1978 is revised to read as follows:
■
Authority: 49 U.S.C. 31101 and 31105;
Secretary’s Order 1–2012 (Jan. 18, 2012), 77
FR 3912 (Jan. 25, 2012); Secretary’s Order
01–2020, 85 FR 13186 (March 6, 2020).
90. In § 1978.105, revise paragraph (b)
to read as follows:
■
*
85. The authority citation for part 580
continues to read as follows:
§ 580.13 Procedures for appeals to the
Administrative Review Board.
§ 580.16 Decision of the Administrative
Review Board.
§ 1978.105 Issuance of findings and
preliminary orders.
■
§ 580.8
(d) A copy of each document filed
with the Board shall be served upon all
other parties involved in the proceeding
in accordance with 29 CFR part 26.
Service by mail is deemed effected at
the time of mailing to the last known
address of the party.
■ 88. Revise § 580.16 to read as follows:
*
*
*
*
(b) The findings and, where
appropriate, the preliminary order will
be sent by means that allow OSHA to
confirm delivery to all parties of record
(and each party’s legal counsel if the
party is represented by counsel). The
findings and, where appropriate, the
preliminary order will inform the
parties of the right to object to the
findings and/or the order and to request
a hearing. The findings and, where
appropriate, the preliminary order also
will give the address of the Chief
Administrative Law Judge, U.S.
Department of Labor, or appropriate
information regarding filing objections
electronically with the Office of
Administrative Law Judges. At the same
time, the Assistant Secretary will file
with the Chief Administrative Law
Judge a copy of the original complaint
and a copy of the findings and/or order.
*
*
*
*
*
■ 91. In § 1978.106, revise paragraph (a)
to read as follows:
§ 1978.106 Objections to the findings and
the preliminary order and request for a
hearing.
(a) Any party who desires review,
including judicial review, must file any
objections and a request for a hearing on
PO 00000
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Fmt 4702
Sfmt 4702
the record within 30 days of receipt of
the findings and preliminary order
pursuant to § 1978.105(c). The
objections and request for a hearing
must be in writing and state whether the
objections are to the findings and/or the
preliminary order. The date of the
postmark, facsimile transmittal, or
electronic transmittal is considered the
date of filing; if the objection is filed in
person, by hand-delivery or other
means, the objection is filed upon
receipt. Objections must be filed with
the Chief Administrative Law Judge,
U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record and
the OSHA official who issued the
findings.
*
*
*
*
*
■ 92. In § 1978.107, revise paragraph (b)
to read as follows:
§ 1978.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to an ALJ who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo on
the record. Administrative law judges
have broad discretion to limit discovery
in order to expedite the hearing.
*
*
*
*
*
■ 93. In § 1978.110, revise paragraph (c)
to read as follows:
§ 1978.110 Decisions and orders of the
Administrative Review Board.
*
*
*
*
*
(c) The decision of the ARB will be
issued within 120 days of the
conclusion of the hearing, which will be
deemed to be 14 days after the date of
the decision of the ALJ, unless a motion
for reconsideration has been filed with
the ALJ in the interim. In such case, the
conclusion of the hearing is the date the
motion for reconsideration is ruled
upon or 14 days after a new decision is
issued. The ARB’s decision will be
served upon all parties and the Chief
Administrative Law Judge. The decision
also will be served on the Assistant
Secretary, and on the Associate
Solicitor, Division of Occupational
Safety and Health, U.S, Department of
Labor, even if the Assistant Secretary is
not a party.
*
*
*
*
*
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PART 1979—PROCEDURES FOR THE
HANDLING OF DISCRIMINATION
COMPLAINTS UNDER SECTION 519
OF THE WENDELL H. FORD AVIATION
INVESTMENT AND REFORM ACT FOR
THE 21ST CENTURY
94. The authority citation for part
1979 is revised to read as follows:
■
Authority: 49 U.S.C. 42121; Secretary’s
Order 1–2012 (Jan. 18, 2012), 77 FR 3912
(Jan. 25, 2012); Secretary’s Order 01–2020, 85
FR 13186 (March 6, 2020).
95. In § 1979.105, revise paragraph (b)
to read as follows:
■
§ 1979.105 Issuance of findings and
preliminary orders.
§ 1979.107
*
*
*
*
*
(b) The findings and the preliminary
order will be sent by means that allow
OSHA to confirm delivery to all parties
of record. The letter accompanying the
findings and order will inform the
parties of their right to file objections
and to request a hearing, and of the right
of the named person to request
attorney’s fees from the administrative
law judge, regardless of whether the
named person has filed objections, if the
named person alleges that the complaint
was frivolous or brought in bad faith.
The letter also will give the address of
the Chief Administrative Law Judge or
appropriate information regarding filing
objections electronically with the Office
of Administrative Law Judges. At the
same time, the Assistant Secretary will
file with the Chief Administrative Law
Judge, U.S. Department of Labor, a copy
of the original complaint and a copy of
the findings and order.
*
*
*
*
*
■ 96. In § 1979.106, revise paragraph (a)
to read as follows:
jbell on DSKJLSW7X2PROD with PROPOSALS
§ 1979.106 Objections to the findings and
the preliminary order and request for a
hearing.
(a) Any party who desires review,
including judicial review, of the
findings and preliminary order, or a
named person alleging that the
complaint was frivolous or brought in
bad faith who seeks an award of
attorney’s fees, must file any objections
and/or a request for a hearing on the
record within 30 days of receipt of the
findings and preliminary order pursuant
to § 1979.105(b). The objection or
request for attorney’s fees and request
for a hearing must be in writing and
state whether the objection is to the
findings, the preliminary order, and/or
whether there should be an award of
attorney’s fees. The date of the
postmark, facsimile transmittal, or
electronic transmittal will be considered
to be the date of filing; if the objection
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is filed in person, by hand-delivery or
other means, the objection is filed upon
receipt. Objections must be filed with
the Chief Administrative Law Judge,
U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, and the Associate Solicitor,
Division of Fair Labor Standards, U.S.
Department of Labor.
*
*
*
*
*
■ 97. In § 1979.107, revise paragraph (b)
to read as follows:
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to a judge who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted as hearings
de novo, on the record. Administrative
law judges shall have broad discretion
to limit discovery in order to expedite
the hearing.
*
*
*
*
*
■ 98. In § 1979.110, revise paragraphs
(a) and (c) to read as follows:
§ 1979.110 Decision and orders of the
Administrative Review Board.
(a) Any party desiring to seek review,
including judicial review, of a decision
of the administrative law judge, or a
named person alleging that the
complaint was frivolous or brought in
bad faith who seeks an award of
attorney’s fees, must file a written
petition for review with the
Administrative Review Board (‘‘the
Board’’). The decision of the
Administrative Law Judge shall become
the final order of the Secretary unless,
pursuant to this section, a petition for
review is timely filed with the Board.
The petition for review must
specifically identify the findings,
conclusions, or orders to which
exception is taken. Any exception not
specifically urged ordinarily shall be
deemed to have been waived by the
parties. To be effective, a petition must
be filed within ten business days of the
date of the decision of the
Administrative Law Judge. The date of
the postmark, facsimile transmittal, or
electronic transmittal will be considered
to be the date of filing; if the petition is
filed in person, by hand-delivery or
other means, the petition is considered
filed upon receipt. The petition must be
served on all parties and on the Chief
PO 00000
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Fmt 4702
Sfmt 4702
1851
Administrative Law Judge at the time it
is filed with the Board. Copies of the
petition for review and all briefs must
be served on the Assistant Secretary,
Occupational Safety and Health
Administration, and on the Associate
Solicitor, Division of Fair Labor
Standards, U.S. Department of Labor.
*
*
*
*
*
(c) The decision of the Board shall be
issued within 120 days of the
conclusion of the hearing, which shall
be deemed to be the conclusion of all
proceedings before the Administrative
Law Judge—i.e., 10 business days after
the date of the decision of the
Administrative Law Judge unless a
motion for reconsideration has been
filed with the Administrative Law Judge
in the interim. The decision will be
served upon all parties and the Chief
Administrative Law Judge. The decision
will also be served on the Assistant
Secretary, Occupational Safety and
Health Administration, and on the
Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor, even if the Assistant Secretary is
not a party.
*
*
*
*
*
PART 1980—PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER SECTION 806
OF THE SARBANES-OXLEY ACT OF
2002, AS AMENDED
99. The authority citation for part
1980 is revised to read as follows:
■
Authority: 18 U.S.C. 1514A, as amended
by the Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010, Pub. L.
111–203 (July 21, 2010); Secretary of Labor’s
Order No. 01–2012 (Jan. 18, 2012), 77 FR
3912 (Jan. 25, 2012); Secretary’s Order No.
01–2020, 85 FR 13186 (March 6, 2020).
100. In § 1980.105, revise paragraph
(b) to read as follows:
■
§ 1980.105
*
*
*
*
*
(b) The findings, and where
appropriate, the preliminary order will
be sent by means that allow OSHA to
confirm delivery to all parties of record
(and each party’s legal counsel if the
party is represented by counsel). The
findings, and where appropriate, the
preliminary order will inform the
parties of the right to object to the
findings and/or order and to request a
hearing, and of the right of the
respondent to request an award of
attorney fees not exceeding $1,000 from
the administrative law judge (ALJ)
regardless of whether the respondent
has filed objections, if the complaint
was frivolous or brought in bad faith.
The findings, and where appropriate,
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the preliminary order, also will give the
address of the Chief Administrative Law
Judge, U.S. Department of Labor, or
appropriate information regarding filing
objections electronically with the Office
of Administrative Law Judges. At the
same time, the Assistant Secretary will
file with the Chief Administrative Law
Judge a copy of the original complaint
and a copy of the findings and/or order.
*
*
*
*
*
■ 101. In § 1980.106, revise paragraph
(a) to read as follows:
§ 1980.106 Objections to the findings and
the preliminary order and request for a
heading.
(a) Any party who desires review,
including judicial review, of the
findings and preliminary order, or a
respondent alleging that the complaint
was frivolous or brought in bad faith
who seeks an award of attorney fees
under the Act, must file any objections
and/or a request for a hearing on the
record within 30 days of receipt of the
findings and preliminary order pursuant
to § 1980.105(b). The objections and/or
request for a hearing must be in writing
and state whether the objections are to
the findings and/or the preliminary
order, and/or whether there should be
an award of attorney fees. The date of
the postmark, facsimile transmittal, or
electronic transmittal is considered the
date of filing; if the objection is filed in
person, by hand-delivery or other
means, the objection is filed upon
receipt. Objections must be filed with
the Chief Administrative Law Judge,
U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, the Assistant Secretary, and
the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
*
*
*
*
*
■ 102. In § 1980.107, revise paragraph
(b) to read as follows:
§ 1980.107
Hearings.
jbell on DSKJLSW7X2PROD with PROPOSALS
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to an ALJ who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo, on
the record. ALJs have broad discretion
to limit discovery in order to expedite
the hearing.
*
*
*
*
*
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■
103. In § 1980.110, revise paragraph
(c) to read as follows:
§ 1981.106 Objections to the findings and
the preliminary order and request for a
hearing.
§ 1980.110 Decision and orders of the
Administrative Review Board.
(a) Any party who desires review,
including judicial review, of the
findings and preliminary order, or a
named person alleging that the
complaint was frivolous or brought in
bad faith who seeks an award of
attorney’s fees, must file any objections
and/or a request for a hearing on the
record within 60 days of receipt of the
findings and preliminary order pursuant
to § 1981.105(b). The objection or
request for attorney’s fees and request
for a hearing must be in writing and
state whether the objection is to the
findings, the preliminary order, and/or
whether there should be an award of
attorney’s fees. The date of the
postmark, facsimile transmittal, or
electronic transmittal will be considered
to be the date of filing; if the objection
is filed in person, by hand-delivery or
other means, the objection is filed upon
receipt. Objections must be filed with
the Chief Administrative Law Judge,
U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, and the Associate Solicitor,
Division of Fair Labor Standards, U.S.
Department of Labor.
*
*
*
*
*
■ 107. In § 1981.107, revise paragraph
(b) to read as follows:
*
*
*
*
*
(c) The decision of the ARB shall be
issued within 120 days of the
conclusion of the hearing, which will be
deemed to be 14 days after the date of
the decision of the ALJ unless a motion
for reconsideration has been filed with
the ALJ in the interim. In such case, the
conclusion of the hearing is the date the
motion for reconsideration is ruled
upon or 14 days after a new decision is
issued. The ARB’s decision will be
served upon all parties and the Chief
Administrative Law Judge. The decision
will also be served on the Assistant
Secretary and on the Associate Solicitor,
Division of Fair Labor Standards, even
if the Assistant Secretary is not a party.
*
*
*
*
*
PART 1981—PROCEDURES FOR THE
HANDLING OF DISCRIMINATION
COMPLAINTS UNDER SECTION 6 OF
THE PIPELINE SAFETY
IMPROVEMENT ACT OF 2002
104. The authority citation for Part
1981 is revised to read as follows:
■
Authority: 49 U.S.C. 60129; Secretary’s
Order 1–2012 (Jan. 18, 2012), 77 FR 3912
(Jan. 25, 2012); Secretary’s Order 01–2020, 85
FR 13186 (March 6, 2020).
105. In § 1981.105, revise paragraph
(b) to read as follows:
■
§ 1981.105 Issuance of findings and
preliminary orders.
*
*
*
*
*
(b) The findings and the preliminary
order will be sent by means that allow
OSHA to confirm delivery to all parties
of record. The letter accompanying the
findings and order will inform the
parties of their right to file objections
and to request a hearing, and of the right
of the named person to request
attorney’s fees from the administrative
law judge, regardless of whether the
named person has filed objections, if the
named person alleges that the complaint
was frivolous or brought in bad faith.
The letter also will give the address of
the Chief Administrative Law Judge or
appropriate information regarding filing
objections electronically with the Office
of Administrative Law Judges. At the
same time, the Assistant Secretary will
file with the Chief Administrative Law
Judge, U.S. Department of Labor, a copy
of the original complaint and a copy of
the findings and order.
*
*
*
*
*
■ 106. In § 1981.106, revise paragraph
(a) to read as follows:
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§ 1981.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to a judge who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo, on
the record. Administrative law judges
have broad discretion to limit discovery
in order to expedite the hearing.
*
*
*
*
*
■ 108. In § 1981.110, revise paragraph
(c) to read as follows:
§ 1981.110
*
*
*
*
*
(c) The decision of the Board shall be
issued within 90 days of the conclusion
of the hearing, which will be deemed to
be the conclusion of all proceedings
before the Administrative Law Judge—
i.e., 10 business days after the date of
the decision of the Administrative Law
Judge unless a motion for
reconsideration has been filed with the
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Administrative Law Judge in the
interim. The decision will be served
upon all parties and the Chief
Administrative Law Judge. The decision
will also be served on the Assistant
Secretary, Occupational Safety and
Health Administration, and on the
Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor, even if the Assistant Secretary is
not a party.
*
*
*
*
*
PART 1982—PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER THE NATIONAL
TRANSIT SYSTEMS SECURITY ACT
AND THE FEDERAL RAILROAD
SAFETY ACT
109. The authority citation for part
1982 is revised to read as follows:
■
Authority: 6 U.S.C. 1142 and 49 U.S.C.
20109; Secretary of Labor’s Order 01–2012
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012);
Secretary’s Order No. 01–2020, 85 FR 13186
(March 6, 2020).
110. In § 1982.105, revise paragraph
(b) to read as follows:
■
§ 1982.105 Issuance of findings and
preliminary orders.
jbell on DSKJLSW7X2PROD with PROPOSALS
*
*
*
*
*
(b) The findings and, where
appropriate, the preliminary order will
be sent by means that allow OSHA to
confirm delivery to all parties of record
(and each party’s legal counsel if the
party is represented by counsel). The
findings and, where appropriate, the
preliminary order will inform the
parties of the right to object to the
findings and/or order and to request a
hearing, and of the right of the
respondent under NTSSA to request
award of attorney fees not exceeding
$1,000 from the administrative law
judge (ALJ) regardless of whether the
respondent has filed objections, if the
respondent alleges that the complaint
was frivolous or brought in bad faith.
The findings and, where appropriate,
the preliminary order also will give the
address of the Chief Administrative Law
Judge, U.S. Department of Labor, or
appropriate information regarding filing
objections electronically with the Office
of Administrative Law Judges. At the
same time, the Assistant Secretary will
file with the Chief Administrative Law
Judge a copy of the original complaint
and a copy of the findings and/or order.
*
*
*
*
*
■ 111. In § 1982.106, revise paragraph
(a) to read as follows:
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§ 1982.106 Objections to the findings and
the preliminary order and requests for a
hearing.
(a) Any party who desires review,
including judicial review, of the
findings and preliminary order, or a
respondent alleging that the complaint
was frivolous or brought in bad faith
who seeks an award of attorney fees
under NTSSA, must file any objections
and/or a request for a hearing on the
record within 30 days of receipt of the
findings and preliminary order pursuant
to § 1982.105. The objections, request
for a hearing, and/or request for attorney
fees must be in writing and state
whether the objections are to the
findings, the preliminary order, and/or
whether there should be an award of
attorney fees. The date of the postmark,
facsimile transmittal, or electronic
transmittal is considered the date of
filing; if the objection is filed in person,
by hand-delivery or other means, the
objection is filed upon receipt.
Objections must be filed with the Chief
Administrative Law Judge, U.S.
Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, the Assistant Secretary, and
the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
*
*
*
*
*
■ 112. In § 1982.107, revise paragraph
(b) to read as follows:
§ 1982.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to an ALJ who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo on
the record. Administrative Law Judges
have broad discretion to limit discovery
in order to expedite the hearing.
*
*
*
*
*
■ 113. In § 1982.110, revise paragraph
(c) to read as follows:
§ 1982.110 Decision and orders of the
Administrative Review Board.
*
*
*
*
*
(c) The decision of the ARB will be
issued within 120 days of the
conclusion of the hearing, which will be
deemed to be 14 days after the date of
the decision of the ALJ, unless a motion
for reconsideration has been filed with
the ALJ in the interim. In such case, the
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
1853
conclusion of the hearing is the date the
motion for reconsideration is denied or
14 days after a new decision is issued.
The ARB’s decision will be served upon
all parties and the Chief Administrative
Law Judge. The decision also will be
served on the Assistant Secretary, and
on the Associate Solicitor, Division of
Fair Labor Standards, U.S. Department
of Labor, even if the Assistant Secretary
is not a party.
*
*
*
*
*
PART 1983—PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER SECTION 219
OF THE CONSUMER PRODUCT
SAFETY IMPROVEMENT ACT OF 2008
114. The authority citation for part
1983 is revised to read as follows:
■
Authority: 15 U.S.C. 2087; Secretary’s
Order 1–2012 (Jan. 18, 2012), 77 FR 3912
(Jan. 25, 2012); Secretary’s Order 01–2020, 85
FR 13186 (March 6, 2020).
115. In § 1983.105, revise paragraph
(b) to read as follows:
■
§ 1983.105 Issuance of findings and
preliminary orders.
*
*
*
*
*
(b) The findings and, where
appropriate, the preliminary order will
be sent by means that allow OSHA to
confirm delivery to all parties of record
(and each party’s legal counsel if the
party is represented by counsel). The
findings and, where appropriate, the
preliminary order will inform the
parties of the right to object to the
findings and/or order and to request a
hearing, and of the right of the
respondent to request an award of
attorney’s fees not exceeding $1,000
from the ALJ, regardless of whether the
respondent has filed objections, if the
respondent alleges that the complaint
was frivolous or brought in bad faith.
The findings and, where appropriate,
the preliminary order also will give the
address of the Chief Administrative Law
Judge, U.S. Department of Labor, or
appropriate information regarding filing
objections electronically with the Office
of Administrative Law Judges. At the
same time, the Assistant Secretary will
file with the Chief Administrative Law
Judge a copy of the original complaint
and a copy of the findings and/or order.
*
*
*
*
*
■ 116. In § 1983.106, revise paragraph
(a) to read as follows:
§ 1983.106 Objections to the findings and
the preliminary order and requests for a
hearing.
(a) Any party who desires review,
including judicial review, of the
findings and/or preliminary order, or a
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11JAP1
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules
respondent alleging that the complaint
was frivolous or brought in bad faith
who seeks an award of attorney’s fees
under CPSIA, must file any objections
and/or a request for a hearing on the
record within 30 days of receipt of the
findings and preliminary order pursuant
to § 1983.105. The objections, request
for a hearing, and/or request for
attorney’s fees must be in writing and
state whether the objections are to the
findings, the preliminary order, and/or
whether there should be an award of
attorney’s fees. The date of the
postmark, facsimile transmittal, or
electronic transmittal is considered the
date of filing; if the objection is filed in
person, by hand-delivery or other
means, the objection is filed upon
receipt. Objections must be filed with
the Chief Administrative Law Judge,
U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, the Assistant Secretary, and
the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
*
*
*
*
*
■ 117. In § 1983.107, revise paragraph
(b) to read as follows:
§ 1983.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to an ALJ who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo on
the record. ALJs have broad discretion
to limit discovery in order to expedite
the hearing.
*
*
*
*
*
■ 118. In § 1983.110, revise paragraph
(c) to read as follows:
§ 1983.110 Decision and orders of the
Administrative Review Board.
jbell on DSKJLSW7X2PROD with PROPOSALS
*
*
*
*
*
(c) The decision of the ARB will be
issued within 120 days of the
conclusion of the hearing, which will be
deemed to be 14 days after the date of
the decision of the ALJ, unless a motion
for reconsideration has been filed with
the ALJ in the interim. In such case, the
conclusion of the hearing is the date the
motion for reconsideration is ruled
upon or 14 days after a new decision is
issued. The ARB’s decision will be
served upon all parties and the Chief
Administrative Law Judge. The decision
VerDate Sep<11>2014
21:32 Jan 08, 2021
Jkt 253001
will also be served on the Assistant
Secretary and on the Associate Solicitor,
Division of Fair Labor Standards, U.S.
Department of Labor, even if the
Assistant Secretary is not a party.
*
*
*
*
*
PART 1984—PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER SECTION 1558
OF THE AFFORDABLE CARE ACT
119. The authority citation for part
1984 is revised to read as follows:
■
Authority: 29 U.S.C. 218C; Secretary of
Labor’s Order 1–2012 (Jan. 18, 2012), 77 FR
3912 (Jan. 25, 2012); Secretary’s Order No.
01–2020, 85 FR 13186 (March 6, 2020).
120. In § 1984.105, revise paragraph
(b) as follows:
■
§ 1984.105 Issuance of findings and
preliminary orders.
*
*
*
*
*
(b) The findings and, where
appropriate, the preliminary order will
be sent by means that allow OSHA to
confirm delivery to all parties of record
(and each party’s legal counsel if the
party is represented by counsel). The
findings and, where appropriate, the
preliminary order will inform the
parties of the right to object to the
findings and/or order and to request a
hearing, and of the right of the
respondent to request an award of
attorney fees not exceeding $1,000 from
the administrative law judge (ALJ),
regardless of whether the respondent
has filed objections, if respondent
alleges that the complaint was frivolous
or brought in bad faith. The findings,
and where appropriate, the preliminary
order, also will give the address of the
Chief Administrative Law Judge, U.S.
Department of Labor, or appropriate
information regarding filing objections
electronically with the Office of
Administrative Law Judges. At the same
time, the Assistant Secretary will file
with the Chief Administrative Law
Judge a copy of the original complaint
and a copy of the findings and/or order.
*
*
*
*
*
■ 121. In § 1984.106, revise paragraph
(a) to read as follows:
§ 1984.106 Objections to the findings and
the preliminary order and requests for a
hearing.
(a) Any party who desires review,
including judicial review, of the
findings and/or preliminary order, or a
respondent alleging that the complaint
was frivolous or brought in bad faith
who seeks an award of attorney fees
under section 18C of the FLSA, must
file any objections and/or a request for
a hearing on the record within 30 days
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
of receipt of the findings and
preliminary order pursuant to
§ 1984.105(b). The objections, request
for a hearing, and/or request for attorney
fees must be in writing and state
whether the objections are to the
findings and/or the preliminary order,
and/or whether there should be an
award of attorney fees. The date of the
postmark, facsimile transmittal, or
electronic transmittal is considered the
date of filing; if the objection is filed in
person, by hand-delivery or other
means, the objection is filed upon
receipt. Objections must be filed with
the Chief Administrative Law Judge,
U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, the Assistant Secretary, and
the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
*
*
*
*
*
■ 122. In § 1984.107, revise paragraph
(b) to read as follows:
§ 1984.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to an ALJ who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo on
the record. ALJs have broad discretion
to limit discovery in order to expedite
the hearing.
*
*
*
*
*
■ 123. In § 1984.110, revise paragraph
(c) to read as follows:
§ 1984.110 Decision and orders of the
Administrative Review Board.
*
*
*
*
*
(c) The decision of the ARB will be
issued within 120 days of the
conclusion of the hearing, which will be
deemed to be 14 days after the date of
the decision of the ALJ, unless a motion
for reconsideration has been filed with
the ALJ in the interim. In such case, the
conclusion of the hearing is the date the
motion for reconsideration is ruled
upon or 14 days after a new decision is
issued. The ARB’s decision will be
served upon all parties and the Chief
Administrative Law Judge. The decision
will also be served on the Assistant
Secretary, and on the Associate
Solicitor, Division of Fair Labor
Standards, U.S. Department of Labor,
E:\FR\FM\11JAP1.SGM
11JAP1
Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules
even if the Assistant Secretary is not a
party.
*
*
*
*
*
PART 1985—PROCEDURES FOR
HANDLING RETALIATION
COMPLAINTS UNDER THE EMPLOYEE
PROTECTION PROVISION OF THE
CONSUMER FINANCIAL PROTECTION
ACT OF 2010
124. The authority citation for part
1985 is revised to read as follows:
■
Authority: 12 U.S.C. 5567; Secretary of
Labor’s Order No. 1–2012 (Jan. 18, 2012), 77
FR 3912 (Jan. 25, 2012); Secretary’s Order No.
01–2020, 85 FR 13186 (March 6, 2020).
125. In § 1985.105, revise paragraph
(b) to read as follows:
■
§ 1985.105 Issuance of findings and
preliminary orders.
*
*
*
*
*
(b) The findings and, where
appropriate, the preliminary order will
be sent by means that allow OSHA to
confirm delivery to all parties of record
(and each party’s legal counsel if the
party is represented by counsel). The
findings and, where appropriate, the
preliminary order will inform the
parties of the right to object to the
findings and/or order and to request a
hearing, and of the right of the
respondent to request an award of
attorney fees not exceeding $1,000 from
the ALJ, regardless of whether the
respondent has filed objections, if the
respondent alleges that the complaint
was frivolous or brought in bad faith.
The findings and, where appropriate,
the preliminary order also will give the
address of the Chief Administrative Law
Judge, U.S. Department of Labor, or
appropriate information regarding filing
objections electronically with the Office
of Administrative Law Judges. At the
same time, the Assistant Secretary will
file with the Chief Administrative Law
Judge a copy of the original complaint
and a copy of the findings and/or order.
*
*
*
*
*
■ 126. In § 1985.106, revise paragraph
(a) to read as follows:
jbell on DSKJLSW7X2PROD with PROPOSALS
§ 1985.106 Objections to the findings and
the preliminary order and requests for a
hearing.
(a) Any party who desires review,
including judicial review, of the
findings and/or preliminary order, or a
respondent alleging that the complaint
was frivolous or brought in bad faith
who seeks an award of attorney fees
under CFPA, must file any objections
and/or a request for a hearing on the
record within 30 days of receipt of the
findings and preliminary order pursuant
to § 1985.105. The objections, request
VerDate Sep<11>2014
21:32 Jan 08, 2021
Jkt 253001
for a hearing, and/or request for attorney
fees must be in writing and state
whether the objections are to the
findings, the preliminary order, and/or
whether there should be an award of
attorney fees. The date of the postmark,
facsimile transmittal, or electronic
transmittal is considered the date of
filing; if the objection is filed in person,
by hand-delivery or other means, the
objection is filed upon receipt.
Objections must be filed with the Chief
Administrative Law Judge, U.S.
Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, the Assistant Secretary, and
the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
*
*
*
*
*
■ 127. In § 1985.107, revise paragraph
(b) to read as follows:
§ 1985.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to an ALJ who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo on
the record. ALJs have broad discretion
to limit discovery in order to expedite
the hearing.
*
*
*
*
*
■ 128. In § 1985.110, revise paragraph
(c) to read as follows:
§ 1985.110 Decision and orders of the
Administrative Review Board.
*
*
*
*
*
(c) The decision of the ARB will be
issued within 120 days of the
conclusion of the hearing, which will be
deemed to be 14 days after the decision
of the ALJ, unless a motion for
reconsideration has been filed with the
ALJ in the interim. In such case, the
conclusion of the hearing is the date the
motion for reconsideration is ruled
upon or 14 days after a new decision is
issued. The ARB’s decision will be
served upon all parties and the Chief
Administrative Law Judge. The decision
will also be served on the Assistant
Secretary and on the Associate Solicitor,
Division of Fair Labor Standards, U.S.
Department of Labor, even if the
Assistant Secretary is not a party.
*
*
*
*
*
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
1855
PART 1986—PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER THE EMPLOYEE
PROTECTION PROVISION OF THE
SEAMAN’S PROTECTION ACT (SPA),
AS AMENDED
129. The authority citation for part
1986 is revised to read as follows:
■
Authority: 46 U.S.C. 2114; 49 U.S.C.
31105; Secretary’s Order 1–2012 (Jan. 18,
2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s
Order 01–2020, 85 FR 13186 (March 6, 2020).
130. In § 1986.105, revise paragraph
(b) to read as follows:
■
§ 1986.105 Issuance of findings and
preliminary orders.
*
*
*
*
*
(b) The findings and, where
appropriate, the preliminary order will
be sent by means that allow OSHA to
confirm delivery to all parties of record
(and each party’s legal counsel if the
party is represented by counsel). The
findings and, where appropriate, the
preliminary order will inform the
parties of the right to object to the
findings and/or the order and to request
a hearing. The findings and, where
appropriate, the preliminary order also
will give the address of the Chief
Administrative Law Judge, U.S.
Department of Labor, or appropriate
information regarding filing objections
electronically with the Office of
Administrative Law Judges. At the same
time, the Assistant Secretary will file
with the Chief Administrative Law
Judge a copy of the original complaint
and a copy of the findings and/or order.
*
*
*
*
*
■ 131. In § 1986.106, revise paragraph
(a) to read as follows:
§ 1986.106 Objections to the findings and
the preliminary order and request for a
hearing.
(a) Any party who desires review,
including judicial review, must file any
objections and a request for a hearing on
the record within 30 days of receipt of
the findings and preliminary order
pursuant to § 1986.105(c). The
objections and request for a hearing
must be in writing and state whether the
objections are to the findings and/or the
preliminary order. The date of the
postmark, facsimile transmittal, or
electronic transmittal is considered the
date of filing; if the objection is filed in
person, by hand-delivery or other
means, the objection is filed upon
receipt. Objections must be filed with
the Chief Administrative Law Judge,
U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, and
E:\FR\FM\11JAP1.SGM
11JAP1
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules
the OSHA official who issued the
findings.
*
*
*
*
*
■ 132. In § 1986.107, revise paragraph
(b) to read as follows:
§ 1986.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to an ALJ who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo on
the record. ALJs have broad discretion
to limit discovery in order to expedite
the hearing.
*
*
*
*
*
■ 133. In § 1986.110, revise paragraph
(c) to read as follows:
§ 1986.110 Decision and orders of the
Administrative Review Board.
*
*
*
*
*
(c) The decision of the ARB will be
issued within 120 days of the
conclusion of the hearing, which will be
deemed to be 14 days after the date of
the decision of the ALJ, unless a motion
for reconsideration has been filed with
the ALJ in the interim. In such case, the
conclusion of the hearing is the date the
motion for reconsideration is ruled
upon or 14 days after a new decision is
issued. The ARB’s decision will be
served upon all parties and the Chief
Administrative Law Judge. The decision
also will be served on the Assistant
Secretary and on the Associate Solicitor,
Division of Occupational Safety and
Health, U.S. Department of Labor, even
if the Assistant Secretary is not a party.
*
*
*
*
*
PART 1987—PROCEDURES FOR
HANDLING RETALIATION
COMPLAINTS UNDER SECTION 402
OF THE FDA FOOD SAFETY
MODERNIZATION ACT
134. The authority citation for part
1987 is revised to read as follows:
■
Authority: 21 U.S.C. 399d; Secretary of
Labor’s Order No. 1–2012 (Jan. 18, 2012), 77
FR 3912 (Jan. 25, 2012); Secretary’s Order No.
01–2020, 85 FR 13186 (March 6, 2020).
135. In § 1987.105, revise paragraph
(b) to read as follows:
jbell on DSKJLSW7X2PROD with PROPOSALS
■
§ 1987.105 Issuance of findings and
preliminary orders.
*
*
*
*
*
(b) The findings and, where
appropriate, the preliminary order will
be sent by means that allow OSHA to
VerDate Sep<11>2014
21:32 Jan 08, 2021
Jkt 253001
confirm delivery to all parties of record
(and each party’s legal counsel if the
party is represented by counsel). The
findings and, where appropriate, the
preliminary order will inform the
parties of the right to object to the
findings and/or order and to request a
hearing, and of the right of the
respondent to request an award of
attorney fees not exceeding $1,000 from
the administrative law judge (ALJ),
regardless of whether the respondent
has filed objections, if the respondent
alleges that the complaint was frivolous
or brought in bad faith. The findings
and, where appropriate, the preliminary
order also will give the address of the
Chief Administrative Law Judge, U.S.
Department of Labor, or appropriate
information regarding filing objections
electronically with the Office of
Administrative Law Judges. At the same
time, the Assistant Secretary will file
with the Chief Administrative Law
Judge a copy of the original complaint
and a copy of the findings and/or order.
*
*
*
*
*
■ 136. In § 1987.106, revise paragraph
(a) to read as follows:
§ 1987.106 Objections to the findings and
the preliminary order and requests for a
hearing.
(a) Any party who desires review,
including judicial review, of the
findings and/or preliminary order, or a
respondent alleging that the complaint
was frivolous or brought in bad faith
who seeks an award of attorney fees
under FSMA, must file any objections
and/or a request for a hearing on the
record within 30 days of receipt of the
findings and preliminary order pursuant
to § 1987.105. The objections, request
for a hearing, and/or request for attorney
fees must be in writing and state
whether the objections are to the
findings, the preliminary order, and/or
whether there should be an award of
attorney fees. The date of the postmark,
facsimile transmittal, or electronic
transmittal is considered the date of
filing; if the objection is filed in person,
by hand-delivery or other means, the
objection is filed upon receipt.
Objections must be filed with the Chief
Administrative Law Judge, U.S.
Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, the Assistant Secretary, and
the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
*
*
*
*
*
■ 137. In § 1987.107, revise paragraph
(b) to read as follows:
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
§ 1987.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
assign the case to an ALJ who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo on
the record. ALJs have broad discretion
to limit discovery in order to expedite
the hearing.
*
*
*
*
*
■ 138. In § 1987.110, revise paragraph
(c) to read as follows:
§ 1987.110 Decision and orders of the
Administrative Review Board.
*
*
*
*
*
(c) The decision of the ARB will be
issued within 120 days of the
conclusion of the hearing, which will be
deemed to be 14 days after the date of
the decision of the ALJ, unless a motion
for reconsideration has been filed with
the ALJ in the interim. In such case the
conclusion of the hearing is the date the
motion for reconsideration is denied or
14 days after a new decision is issued.
The ARB’s decision will be served upon
all parties and the Chief Administrative
Law Judge. The decision will also be
served on the Assistant Secretary and on
the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor, even if the Assistant Secretary is
not a party.
*
*
*
*
*
PART 1988—PROCEDURES FOR
HANDLING RETALIATION
COMPLAINTS UNDER SECTION 31307
OF THE MOVING AHEAD FOR
PROGRESS IN THE 21ST CENTURY
ACT (MAP–21)
139. The authority citation for part
1988 is revised to read as follows:
■
Authority: 49 U.S.C. 30171; Secretary of
Labor’s Order No. 1–2012 (Jan. 18, 2012), 77
FR 3912 (Jan. 25, 2012); Secretary’s Order No.
01–2020, 85 FR 13186 (March 6, 2020).
140. In § 1988.105, revise paragraph
(b) to read as follows:
■
§ 1988.105 Issuance of findings and
preliminary orders.
*
*
*
*
*
(b) The findings and, where
appropriate, the preliminary order will
be sent by means that allow OSHA to
confirm delivery to all parties of record
(and each party’s legal counsel if the
party is represented by counsel). The
findings and, where appropriate, the
preliminary order will inform the
E:\FR\FM\11JAP1.SGM
11JAP1
Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules
parties of the right to object to the
findings and/or order and to request a
hearing, and of the right of the
respondent to request an award of
attorney fees not exceeding $1,000 from
the ALJ, regardless of whether the
respondent has filed objections, if the
respondent alleges that the complaint
was frivolous or brought in bad faith.
The findings and, where appropriate,
the preliminary order also will give the
address of the Chief Administrative Law
Judge, U.S. Department of Labor, or
appropriate information regarding filing
objections electronically with the Office
of Administrative Law Judges. At the
same time, the Assistant Secretary will
file with the Chief Administrative Law
Judge a copy of the original complaint
and a copy of the findings and/or order.
*
*
*
*
*
■ 141. In § 1988.106, revise paragraph
(a) to read as follows:
jbell on DSKJLSW7X2PROD with PROPOSALS
§ 1988.106 Objections to the findings and
the preliminary order and requests for a
hearing.
(a) Any party who desires review,
including judicial review, of the
findings and/or preliminary order, or a
respondent alleging that the complaint
was frivolous or brought in bad faith
who seeks an award of attorney fees
under MAP–21, must file any objections
and/or a request for a hearing on the
record within 30 days of receipt of the
findings and preliminary order pursuant
to § 1988.105. The objections, request
for a hearing, and/or request for attorney
fees must be in writing and state
whether the objections are to the
findings, the preliminary order, and/or
whether there should be an award of
attorney fees. The date of the postmark,
facsimile transmittal, or electronic
transmittal is considered the date of
filing; if the objection is filed in person,
by hand-delivery or other means, the
objection is filed upon receipt.
Objections must be filed with the Chief
Administrative Law Judge, U.S.
Department of Labor, in accordance
with 29 CFR part 18, and copies of the
objections must be served at the same
time on the other parties of record, the
OSHA official who issued the findings
and order, the Assistant Secretary, and
the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
*
*
*
*
*
■ 142. In § 1988.107, revise paragraph
(b) to read as follows:
§ 1988.107
Hearings.
*
*
*
*
*
(b) Upon receipt of an objection and
request for hearing, the Chief
Administrative Law Judge will promptly
VerDate Sep<11>2014
21:32 Jan 08, 2021
Jkt 253001
assign the case to an ALJ who will
notify the parties of the day, time, and
place of hearing. The hearing is to
commence expeditiously, except upon a
showing of good cause or unless
otherwise agreed to by the parties.
Hearings will be conducted de novo on
the record. ALJs have broad discretion
to limit discovery in order to expedite
the hearing.
*
*
*
*
*
■ 143. In § 1988.110, revise paragraph
(c) to read as follows:
Signed on this 14th day of December, 2020,
in Washington, DC.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020–28056 Filed 1–8–21; 8:45 am]
BILLING CODE 4510–HW–P
DEPARTMENT OF LABOR
Benefits Review Board
20 CFR Part 802
RIN 1290–AA35
§ 1988.110 Decision and orders of the
Administrative Review Board.
Rules of Practice and Procedure
*
AGENCY:
*
*
*
*
(c) The decision of the ARB will be
issued within 120 days of the
conclusion of the hearing, which will be
deemed to be 14 days after the decision
of the ALJ, unless a motion for
reconsideration has been filed with the
ALJ in the interim. In such case, the
conclusion of the hearing is the date the
motion for reconsideration is ruled
upon or 14 days after a new decision is
issued. The ARB’s decision will be
served upon all parties and the Chief
Administrative Law Judge. The decision
will also be served on the Assistant
Secretary and on the Associate Solicitor,
Division of Fair Labor Standards, U.S.
Department of Labor, even if the
Assistant Secretary is not a party.
*
*
*
*
*
Title 41: Public Contracts and Property
Management
PART 60—30 RULES OF PRACTICE
FOR ADMINISTRATIVE PROCEEDINGS
TO ENFORCE EQUAL OPPORTUNITY
UNDER EXECUTIVE ORDER 11246
144. The authority citation for part
60–30 continues to read as follows:
■
Authority: Executive Order 11246, as
amended, 30 FR 12319, 32 FR 14303, as
amended by E.O. 12086; 29 U.S.C. 793, as
amended, and 38 U.S.C. 4212, as amended.
145. In § 60–30.4, revise paragraphs
(b) and (c) to read as follows:
■
§ 60–30.4 Form, filing, service of pleadings
and papers.
*
*
*
*
*
(b) Service. Service upon any party
shall be made by the party filing the
pleading or document in accordance
with 29 CFR part 26. When a party is
represented by an attorney, the service
shall be upon the attorney.
(c) Proof of service. A certificate of the
person serving the pleading or other
document, setting forth the manner of
service, shall be proof of the service.
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
1857
Benefits Review Board,
Department of Labor.
ACTION: Notice of proposed rulemaking.
The Department of Labor is
issuing this Notice of Proposed
Rulemaking to seek public comments on
a proposal to require electronic filing (efiling) and make acceptance of
electronic service (e-service) automatic
by attorneys and lay representatives
representing parties in proceedings
before the Benefits Review Board
(Board), and to provide an option for
self-represented parties to utilize these
electronic capabilities.
DATES: The Department invites
interested persons to submit comments
on the proposed rules of practice and
procedure. To ensure consideration,
comments must be in writing and must
be received by February 10, 2021.
ADDRESSES: You may submit comments,
identified by Regulatory Identification
Number (RIN) 1290–AA35, only by the
following method: Electronic
Comments. Submit comments through
the Federal eRulemaking Portal https://
www.regulations.gov. To locate the
proposed rule, use docket number DOL–
2020–0013 or key words such as
‘‘Administrative practice and
procedure,’’ ‘‘Black lung benefits,’’
‘‘Longshore and harbor workers,’’ or
‘‘Workers’ compensation.’’ Follow the
instructions for submitting comments.
All comments must be received by 11:59
p.m. on the date indicated for
consideration in this rulemaking.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking. All comments received
generally will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Therefore, the Department recommends
that commenters safeguard their
personal information by not including
social security numbers, personal
addresses, telephone numbers, or email
addresses in comments. It is the
SUMMARY:
E:\FR\FM\11JAP1.SGM
11JAP1
Agencies
[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Proposed Rules]
[Pages 1834-1857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28056]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Parts 641, 655, 658, 667, and 683
Office of Workers' Compensation Programs
20 CFR Part 726
Office of the Secretary of Labor
29 CFR Parts 7, 8, 22, 24, 26, 29, 37, 38, and 96
Office of Labor-Management Standards
29 CFR Parts 417 and 458
Wage and Hour Division
29 CFR Parts 500, 525, 530, and 580
Occupational Safety and Health Administration
29 CFR Parts 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986,
1987, and 1988
Office of Federal Contract Compliance Programs
41 CFR Part 60-30
RIN 1290-AA28
Rules of Practice and Procedure Concerning Filing and Service and
Amended Rules Concerning Filing and Service
AGENCY: Employment and Training Administration, Office of Workers'
Compensation Programs, Office of the Secretary, Office of Labor-
Management Standards, Wage and Hour Division, Occupational Safety and
Health Administration, Office of Federal Contract Compliance Programs.
ACTION: Notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (Department or DOL) is issuing this
Notice of Proposed Rulemaking (NPRM) to seek public comments on a
proposal to require electronic filing (e-filing) and make acceptance of
electronic service (e-service) automatic for attorneys and non-attorney
representatives representing parties in proceedings before the
Administrative Review Board (Board), unless the Board authorizes non-
electronic filing and service for good cause. Self-represented persons
[[Page 1835]]
will have the option of e-filing or of filing papers by conventional
means. This proposed rule would establish a new part containing rules
of practice and procedure for the Board and amend existing regulations
concerning filing and service that would apply where a governing
statute or executive order does not establish contrary rules of filing
and service. It would also make other minor corrections to update
existing regulations.
DATES: The Department invites interested persons to submit comments on
the proposed rule. To ensure consideration, comments must be in writing
and must be received by February 10, 2021.
ADDRESSES: You may send comments, identified by Regulatory
Identification Number (RIN) 1290-AA28, only by the following method:
Electronic Comments. Submit comments through the Federal eRulemaking
Portal https://www.regulations.gov. To locate the proposed rule, use key
words such as ``Administrative Review Board'' to search documents
accepting comments. Follow the instructions for submitting comments.
All comments must be received by 11:59 p.m. on the date indicated for
consideration in this rulemaking. Instructions: All submissions
received must include the agency name and docket number or Regulatory
Information Number (RIN) for this rulemaking. All comments received
will generally be posted without change to https://www.regulations.gov,
including any personal information provided. If you need assistance to
review the comments or the proposed rule, the Department will consider
providing the comments and the proposed rule in other formats upon
request. For assistance to review the comments or obtain the proposed
rule in an alternate format, contact Mr. Thomas Shepherd, Clerk of the
Appellate Boards, at 202-693-6319 or [email protected].
Individuals with hearing or speech impairments may access the
telephone number above by TTY by calling the toll-free Federal
Information Relay Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT:
Mr. Thomas Shepherd, Clerk of the Appellate Boards, at 202-693-6319
or [email protected].
I. Supplementary Information
This preamble is divided into four sections: Section I describes
the process of rulemaking using a direct final rule with a companion
proposed rule; Section II provides general background information on
the development of the proposed rulemaking; Section III is a discussion
of the proposed changes to the regulatory text; and Section IV covers
the administrative requirements for this proposed rulemaking.
II. Proposed Rule Published Concurrently With Companion Direct Final
Rule
The Department is simultaneously publishing with this proposed rule
an identical ``direct final'' rule elsewhere in this issue of the
Federal Register. In direct final rulemaking, an agency publishes a
final rule with a statement that the rule will go into effect unless
the agency receives significant adverse comment within a specified
period. If the agency receives no significant adverse comment in
response to the direct final rule, the rule goes into effect. If the
agency receives significant adverse comment, the agency withdraws the
direct final rule and treats such comment as submissions on the
proposed rule. The proposed rule then provides the procedural framework
to finalize the rule. An agency typically uses direct final rulemaking
when it anticipates the rule will be non-controversial.
The Department has determined that this rule is suitable for direct
final rulemaking. The proposed enactment of the Board's procedural
regulations and proposed revisions to existing program regulations
would require parties to use the Board's electronic system for filing
and serving documents unless exempted by the Board, as well as make
technical corrections to addresses, add cross-references to rules of
practice and procedure, and specify where the Secretary has delegated
authority under a program to the ARB. Some parties are already filing
documents through the Board's existing electronic system on a voluntary
basis. Moreover, this system is similar to those used by courts and
other administrative agencies and will thus be familiar to some
representatives. The proposed rule would also give self-represented
(pro se) parties the option to file and serve documents through the
electronic system or via conventional methods. These changes to the
Board's procedures and practices should not be controversial. The
Department has determined that this rule is exempt from the notice and
comment requirements under 5 U.S.C. 553(b) as a rule of agency practice
and procedure. Nonetheless, the agency has decided to allow for public
input by issuing a direct final rule and concurrent notice of proposed
rulemaking.
The comment period for this proposed rule runs concurrently with
the comment period for the direct final rule. Any comments received in
response to this proposed rule will also be considered as comments
regarding the direct final rule and vice versa. For purposes of this
rulemaking, a significant adverse comment is one that explains (1) why
the rule is inappropriate, including challenges to the rule's
underlying premise or approach; or (2) why the direct final rule will
be ineffective or unacceptable without a change. In determining whether
a significant adverse comment necessitates withdrawal of the direct
final rule, the Department will consider whether the comment raises an
issue serious enough to warrant a substantive response had it been
submitted in a standard notice-and-comment process. A comment
recommending an addition to the rule will not be considered significant
and adverse unless the comment explains how the direct final rule would
be ineffective without the addition.
The Department requests comments on all issues related to this
rule, including economic or other regulatory impacts of this rule on
the regulated community.
III. Background of This rulemaking
The Department is proposing a rule that would make e-filing
mandatory and acceptance of e-service automatic for parties before the
Administrative Review Board represented by attorneys and non-attorney
representatives. It proposes to do this by enacting its own rules of
practice and procedure and amending existing program regulations.
Currently, e-filing is optional and e-service is not available through
the Board's existing electronic system: DOL Appeals. As a result, the
Board receives filings in both paper and electronic form. The Board's
long-term goal is to have entirely electronic case files (e-case
files), which would significantly benefit both the Board and the
participants in Board appeals by allowing the Board to more efficiently
process incoming documents, reducing the time it takes to adjudicate
claims. Requiring attorneys and non-attorney representatives to use e-
filing and e-service will help the Board move toward this goal.
The Board currently uses DOL Appeals, a consolidated web-based case
tracking system deployed in FY2011 to replace individual legacy
applications and streamline business processes specific to each of the
three Adjudicatory Boards in the Department: The Board, the Benefits
Review Board (BRB), and the Employees' Compensation Appeals Board
(ECAB). The Board has been delegated authority by the Secretary of
Labor to issue
[[Page 1836]]
decisions on appeal in cases arising under a variety of worker
protection laws, including those governing environmental,
transportation, and securities whistleblower protections; H-1B
immigration provisions; child labor; employment discrimination; job
training; seasonal and migrant workers; and Federal construction and
service contracts. The BRB reviews appeals of administrative law
judges' decisions arising under the Black Lung Benefits Act, the
Longshore and Harbor Workers' Compensation Act and its extensions. ECAB
hears appeals taken from determinations and awards under the Federal
Employees' Compensation Act with respect to claims of Federal employees
injured in the course of their employment.
The DOL Appeals case management system has provided a broad range
of capabilities to the Boards' staff for inputting, processing,
tracking, managing, and reporting specific details on thousands of
cases since its initial implementation. In FY2013, the system was
enhanced to provide access to the general public. Currently, more
than1,400 individuals are registered users of the DOL Appeals system.
Users have the ability to check their case status, electronically file
motions and briefs, and receive Board issuances electronically.
However, users who e-file documents must still serve those documents on
other parties by some other method (typically mail, commercial
delivery, or electronic mail), as DOL Appeals does not have an
automatic e-service function like that of the Federal courts'
electronic filing and service systems. Moreover, because e-filing is
optional, the Board continues to receive many paper filings, including
from attorneys and non-attorney representatives.
At present, the Board lacks sufficient resources to digitally image
all pleadings received in paper form, and that option is unduly
burdensome and labor intensive. Furthermore, if e-filing remains
optional, it is unlikely that the Board will achieve the goal of
completely electronic case files. If, however, parties are required to
e-file all documents through the Department's electronic case
management system, imaging the remaining paper pleadings from
authorized parties would be more manageable for the Board. In addition,
greater utilization of e-filing and e-service will reduce case
processing times by eliminating the timeframes required to allow for
the delivery of traditional mailings. These time savings will allow the
Board to more efficiently process appeals without any sacrifice to
quality of work and will also greatly reduce mailing and copying costs
for both the Board and the parties.
Additionally, in an effort to improve e-filing and e-service
Department-wide, the rule amends provisions regarding filing and
service with the Office of Administrative Law Judges (OALJ) for
consistency with proposed amendments to the OALJ rules of practice and
procedure in 29 CFR part 18.
IV. Discussion of Changes
A. Administrative Review Board Rules of Practice and Procedure
The Department proposes to add a new section to the Code of Federal
Regulations at 29 CFR part 26 in order to establish rules of practice
and procedure for the Board regarding filing and service and to address
some general procedural matters.
Sec. 26.1 Purpose and Scope
This section is a new provision addressing the purpose of part 26
and the scope of the Board's authority. Proposed paragraph (a) provides
that part 26 contains the rules of practice of the Board and that these
rules shall govern all appeals and proceedings before the Board, except
where inconsistent with a governing statute, regulation, or executive
order. Proposed paragraph (b) provides that the Board has authority to
act as the authorized representative of the Secretary of Labor in
review or on appeal of decisions and recommendations, as provided in
Secretary's Order 01-2020. The Board shall act as fully and finally as
the Secretary of Labor concerning such matters, except as provided in
Secretary's Order 01-2020 (or any successor to that order).
Sec. 26.2 General Procedural Matters
This section is a new provision containing procedural provisions.
Proposed paragraph (a) supplies definitions. Proposed paragraph (a)(1)
defines the ARB to mean the Administrative Review Board. Proposed
paragraph (a)(2) defines Electronic case management system to mean the
Department of Labor's electronic filing and electronic service system
for adjudications.
Proposed paragraph (b) addresses computation of time. Proposed
paragraph (b)(1) provides that when computing a time period stated in
days, the day of the event that triggers the period should be excluded;
every day, including intermediate Saturdays, Sundays, and legal
holidays, should be counted; and the last day of the period should be
included, but if the last day is a Saturday, Sunday, or legal holiday,
the period continues to run until the next day that is not a Saturday,
Sunday, or legal holiday. Proposed paragraph (b)(2) addresses when the
``last day'' ends. Proposed paragraph (b)(2)(i) provides that for
electronic filing via the Department's electronic case management
system or via other electronic means, the ``last day'' ends at 11:59:59
p.m. Eastern Time on the due date. The Board chose this time zone
because of its location in Washington, DC. Proposed paragraph
(b)(2)(ii) provides that for non-electronic filing, the ``last day''
ends at the time the office of the Clerk of the Appellate Boards is
scheduled to close in Washington, D.C on the due date. These rules are
generally consistent with the Federal Rules of Civil Procedure, see
Fed. R. Civ. P. 6(a), and the Federal Rules of Appellate Procedure, see
Fed. R. App. P. 26(a)(4). This provides a default where the applicable
statute, regulation, executive order, or judge's order is silent.
Proposed paragraph (c) provides the Board's mailing address.
Sec. 26.3 Filing
This section is a new provision containing all filing requirements.
Proposed paragraph (a) governs e-filing through the Department's
electronic case management system. Proposed paragraph (a)(1) requires
attorneys and lay representatives to file all petitions, pleadings,
exhibits, and other documents with the Board via the Department's
electronic case management system, and notes that paper copies are not
required unless requested by the Board. As discussed above, mandating
electronic filing and automatically serving documents electronically
filed through the system will benefit the parties and improve case
processing. This requirement would apply only to those documents filed
45 days after the effective date or later. This time period between the
effective date, when litigants can be certain that the direct final
rule will not be withdrawn, and the applicability date, on which e-
filing becomes mandatory, would allow the Office of Administrative Law
Judges to update its notices of appeal rights so that by the time e-
filing is mandatory, parties will have received a notice of appeal
rights with updated information.
Although Federal agencies are required by law to provide
information and services via the internet, agencies must also consider
the impact on persons without access to the internet and, to the extent
practicable, ensure that the availability of government services has
not been diminished for such persons. See 44 U.S.C. 3501.
[[Page 1837]]
Accordingly, the Department proposes to authorize non-electronic filing
and service for good cause and will make e-filing and e-service
optional for self-represented parties. The Board notes in this regard
that e-filing is generally mandatory for attorneys in the Federal
district courts and U.S. Courts of Appeals, unless an exemption for
good cause is granted; only self-represented parties have the option of
filing pleadings in paper form. Accordingly, proposed paragraph (a)(2)
provides that attorneys and lay representatives may request an
exemption to e-filing for good cause shown. Such a request must include
a detailed explanation why e-filing or acceptance of e-service should
not be required.
Proposed paragraph (a)(3) allows self-represented (i.e., pro se)
parties to file in either electronic or non-electronic format. This
gives these parties the flexibility to easily participate in their
cases.
Proposed paragraph (a)(4) provides that documents filed via the
Department's electronic case management system are filed when received,
and are received as of the date and time recorded by the system.
Paragraph (a)(5) allows for electronic signatures when a filing is made
through a registered user's account and authorized by that person,
along with the person's name. This is consistent with the Federal Rules
of Civil Procedure, see Fed. R. Civ. P. 5(d)(3) and the Federal Rules
of Appellate Procedure, see Fed. R. App. P. 25(2)(B)(iii). Many program
regulations require filed documents to be signed, and this provision
allows filers to comply while filing via the Department's electronic
case management system.
Proposed paragraph (a)(6) provides that a person who is adversely
affected by a technical failure in connection with filing or receipt of
an electronic document may seek appropriate relief from the Board. The
Board encourages filers to retain documentation of the failure in these
instances. Additionally, if technical malfunction or other issue
prevents access to the Department's case management system for a
protracted period, the Board by special order may provide appropriate
relief pending restoration of electronic access.
Proposed paragraph (b) addresses alternate methods of filing for
persons who are excepted from e-filing or who have opted not to use e-
filing and provides that documents filed using methods other than the
Department's electronic case management system (e.g., by email or mail)
are considered filed when received by the Clerk of the Appellate
Boards. This similar to the Federal Rules of Civil Procedure, see Fed.
R. Civ. P. 5(d)(2), and provides a default for when laws governing a
particular program do not specify the date of filing.
Sec. 26.4 Service
This section contains all service requirements. Proposed paragraph
(a) addresses electronic service. Proposed paragraph (a)(1) provides
that electronic service may be completed by email if consented to in
writing by the party being served. Proposed paragraph (a)(2) deems
service completed by sending the document to a user registered with the
Department's electronic case management system by filing via this
system. This is consistent with the Federal Rules of Civil Procedure,
see Fed. R. Civ. P. 5(b)(2)(E), and the Federal Rules of Appellate
Procedure, see Fed. R. App. P. 25(c)(2), and provides a default for
when laws governing a particular program do not specify the date of
service. Proposed paragraph (a)(2) further provides that registering to
use the Department's electronic case management system constitutes
consent to service through the system. The Board would also issue
decisions and orders electronically to registered users who are parties
to a case.
Proposed paragraph (b) addresses non-electronic service and allows
for service to be completed by personal delivery, mail, or delivery via
commercial carrier.
Proposed paragraph (c) provides the effective date of each form of
service. Proposed paragraph (c)(1) provides that service by personal
delivery is effected on the date the document is delivered to the
person being served. Proposed paragraph (c)(2) provides that service by
mail or commercial carrier is effected on the date the document is
mailed or delivered to the commercial carrier. Proposed paragraph
(c)(3) provides that service by electronic means, including via the
Department's electronic case management system and via email, is
effective on sending. This is similar to the Federal Rules of Civil
Procedure, see Fed. R. Civ. P. 5(b)(2), and provides a default for when
laws governing a particular program do not specify the date of service.
B. Additional Changes
The Department proposes to revise several parts of the Code of
Federal Regulations: 20 CFR parts 641, 655, 658, 667, 683, and 726; 29
CFR parts 7, 8, 22, 24, 29, 37, 38, 96, 417, 458, 500, 525, 530, 580,
1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987 and 1988;
and 41 CFR part 60-30 to harmonize the filing provisions with 29 CFR
part 26 and improve e-filing and e-service Department-wide.
1. Changes to Requirements for Filing and Service by Mail or Personal
Delivery
Many regulations require parties to file and serve documents by
mail or by personal delivery in cases pending before the Board. To
ensure that the regulations allow for e-filing and e-service through
the Department's electronic case management system, and via email when
permissible, the Department proposes to remove requirements for filing
and service by mail and personal delivery to allow for e-filing and e-
service, except where required by statute. Using the general terms
``filing'' and ``service'' will allow for all forms of filing and
service permitted by 29 CFR part 26. The Department also proposes to
cross-reference the Board's rules of practice and procedure at 29 CFR
part 26 and the OALJ's rules of practice and procedure at 29 CFR part
18 where necessary to clarify the application of those parts.
Further, in 29 CFR parts 24 and 1978-88, where the Occupational
Safety and Health Administration (OSHA) is required to deliver its
findings and orders by certified mail, the Department proposes to allow
OSHA to deliver such findings and orders by means that allow it to
confirm delivery to all parties of record and each party's legal
counsel. This would provide flexibility to the agency and allow for
electronic delivery when appropriate.
2. Changes to Requirements To Send Copies of Documents
Many regulations require parties to send additional paper copies of
all documents to the Board. To allow for better transition to full
electronic case management and to simplify the filing process for
parties, the Department proposes to remove requirements to send copies
of all documents to the Board. Paper copies are not necessary when e-
filing, and the Board no longer needs multiple paper copies from self-
represented parties or those who are granted an exemption from e-
filing.
3. Nomenclature and Other Technical Changes
To update the regulations for clarity, accuracy, and to comply with
29 CFR part 26, the Department proposes to make several technical
changes to the regulations. Specifically, the Department proposes to
remove outdated mailing addresses for both the Board and the Office of
Administrative
[[Page 1838]]
Law Judges. The Department also proposes to update the regulations that
require documents to be filed with the Executive Director of the Board
to require that documents be filed the Clerk of the Appellate Boards.
The Department also proposes to update the authorities section in 29
CFR parts 7, 8, and 458 to include the applicable Secretary's Order,
Secretary's Order 01-2020. Finally, the Department proposes to update
the pronouns in 29 CFR 417.15 to account for a previous change from
``Secretary'' to ``Board.''
4. Changes to References to the Secretary
The Department proposes to revise references to the ``Secretary''
or the ``authority head'' to the ``Administrative Review Board,''
``Board,'' or ``ARB'' to clarify the authority and responsibilities of
the Board. Many regulations, particularly older ones, contain
references to the ``Secretary'' or ``authority head'' for
responsibilities that have been delegated to the Board by the
Secretary. Where necessary, these changes are accompanied by a
provision allowing for discretionary review by the Secretary, in
accordance with Secretary's Order 01-2020 (or any successor to that
order). In such cases, Board decisions would become final in accordance
with the finality provisions of Secretary's Order 01-2020, or any
successor to that order.
V. Administrative Requirements of the Proposed Rulemaking
Executive Orders 12866, Regulatory Planning and Review; 13563,
Improving Regulation and Regulatory Review; and 13777, Reducing
Regulation and Controlling Regulatory Costs
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 directs agencies to reduce
regulation and control regulatory costs and provides that ``for every
one new regulation issued, at least two prior regulations be identified
for elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
This proposed rule has been drafted and reviewed in accordance with
Executive Order 12866. The Department of Labor, in coordination with
the Office of Management and Budget (OMB), determined that this
proposed rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 because the rule will not have an annual
effect on the economy of $100 million or more; will not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency; and will not materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof. Furthermore, the rule
does not raise a novel legal or policy issue arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
OMB has not designated this rule a significant regulatory action
under section 3(f) of Executive Order 12866. Accordingly, OMB has not
reviewed it. As this rule is not a significant regulatory action, this
rule is exempt from the requirements of Executive Order 13771. See
OMB's Memorandum ``Guidance Implementing Executive Order 13771, Titled
`Reducing Regulation and Controlling Regulatory Costs''' (April 5,
2017).
Regulatory Flexibility Act of 1980
Because no notice of proposed rulemaking is required for this rule
under section 553(b) of the Administrative Procedure Act, the
regulatory flexibility requirements of the Regulatory Flexibility Act,
5 U.S.C. 601, do not apply to this rule. See 5 U.S.C. 601(2).
Paperwork Reduction Act (PRA)
The Department has determined that this proposed rule is not
subject to the requirements of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. (PRA), as this rulemaking involves administrative actions
to which the Federal government is a party or that occur after an
administrative case file has been opened regarding a particular
individual. See 5 CFR 1320.4(a)(2), (c).
Unfunded Mandates Reform Act of 1995 and Executive Order 13132,
Federalism
The Department has reviewed this proposed rule in accordance with
the requirements of Executive Order 13132 and the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 1501 et seq., and has found no potential
or substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
As there is no Federal mandate contained herein that could result in
increased expenditures by state, local, and tribal governments, or by
the private sector, the Department has not prepared a budgetary impact
statement.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
The Department has reviewed this proposed rule in accordance with
Executive Order 13175 and has determined that it does not have ``tribal
implications.'' The proposed rule does not ``have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal government and Indian tribes, or on the distribution of power
and responsibilities between the Federal government and Indian
tribes.''
Executive Order 13211, Energy Supply, Distribution, or Use
The Department has reviewed this proposed rule and has determined
that the provisions of Executive Order 13211 are not applicable as this
is not a significant regulatory action and there are no direct or
implied effects on energy supply, distribution, or use.
List of Subjects
20 CFR Part 641
Administrative practice and procedure, Grievance procedure and
appeals process, Senior Community Service Employment Program, Services
to participants.
20 CFR Part 655
Administrative practice and procedure, Labor certification process
for temporary employment.
20 CFR Part 658
Administrative practice and procedure, Complaint system,
Discontinuation of services, State workforce agency compliance, Federal
application of remedial action to state workforce agencies, Wagner-
Peyser Act Employment Service.
20 CFR Part 667
Adjudication and Judicial Review, Administrative practice and
procedure, Oversight and monitoring, Grievance procedures, complaints,
and state appeal processes, Sanctions, corrective actions, and waiver
of liability, Reporting and recordkeeping requirements, Resolution of
findings, Workforce Investment Act.
20 CFR Part 683
Adjudication and judicial review, Administrative practice and
procedure, Funding and closeout, Grievance
[[Page 1839]]
procedures, complaints, and state appeal processes, Oversight and
resolution of findings, Pay-for-performance contract strategies,
Reporting and recordkeeping requirements, Rules, costs, and
limitations, Sanctions, corrective actions, and waiver of liability,
Workforce Innovation And Opportunity Act.
20 CFR Part 726
Administrative practice and procedure, Black lung benefits,
Authorization of self-insurers, Civil money penalties.
29 CFR Part 7
Administrative practice and procedure, Government contracts,
Minimum wages.
29 CFR Part 8
Administrative practice and procedure, Government contracts,
Minimum wages.
29 CFR Part 22
Administrative practice and procedure, Appeal to the Administrative
Review Board.
29 CFR Part 24
Administrative practice and procedure, Employee protection,
Findings, Litigation, Investigations, Retaliation complaints,
Environmental protection, Energy Reorganization Act of 1974, as
amended.
29 CFR Part 26
Administrative practice and procedure.
29 CFR Part 29
Administrative practice and procedure, Apprenticeship programs,
Labor standards, State apprenticeship agencies.
29 CFR Part 37
Administrative practice and procedure, Workforce Investment Act of
1998, Obligations of recipients and governors, Compliance procedures.
29 CFR Part 38
Administrative practice and procedure, Compliance procedures,
Obligations of recipients and governors, Workforce Innovation and
Opportunity Act.
29 CFR Part 96
Administrative practice and procedure, Audit requirements, Grants,
contracts, and other agreements.
29 CFR Part 417
Administrative practice and procedure, Labor management standards,
Procedures for removal of local labor organization officers.
29 CFR Part 458
Administrative practice and procedure, Standards of conduct, Labor-
Management Reporting and Disclosure Act of 1959.
29 CFR Part 500
Administrative practice and procedure, Migrant and seasonal
agricultural worker protection, Enforcement, Worker protections,
Registration, Motor vehicles, Housing.
29 CFR Part 525
Administrative practice and procedure, Workers with disabilities,
Wage rates, Special certificates.
29 CFR Part 530
Administrative practice and procedure, Homeworkers, Employer
Certificates, Denial/revocation of certificates, Civil money penalties.
29 CFR Part 580
Administrative practice and procedure, Assessing and contesting,
Civil money penalties.
29 CFR Part 1978
Administrative practice and procedure, Employee protection,
Findings, Investigations Litigation, Retaliation complaints, Surface
Transportation Assistance Act of 1982.
29 CFR Part 1979
Administrative practice and procedure, Employee protection,
Findings, Litigation, Investigations, Retaliation complaints, Wendell
H. Ford Aviation Investment and Reform Act for the 21st Century.
29 CFR Part 1980
Administrative practice and procedure, Employee protection,
Findings, Investigations, Litigation, Retaliation complaints, Sarbanes-
Oxley Act of 2002.
29 CFR Part 1981
Administrative practice and procedure, Employee protection,
Findings, Litigation, Investigations, Pipeline Safety Improvement Act
of 2002, Retaliation complaints.
29 CFR Part 1982
Administrative practice and procedure, Employee protection,
Findings, Litigation, Investigations, National Transit Systems Security
Act, Federal Railroad Safety Act, Retaliation complaints.
29 CFR Part 1983
Administrative practice and procedure, Consumer Product Safety
Improvement Act of 2008, Employee protection, Findings, Investigations,
Litigation, Retaliation complaints.
29 CFR Part 1984
Administrative practice and procedure, Affordable Care Act,
Employee protection, Findings, Investigations, Litigation, Retaliation
complaints.
29 CFR Part 1985
Administrative practice and procedure, Consumer Financial
Protection Act of 2010, Employee protection, Findings, Investigations,
Litigation, Retaliation complaints.
29 CFR Part 1986
Administrative practice and procedure, Employee protection,
Findings, Investigations, Litigation, Retaliation complaints, Seaman's
Protection Act.
29 CFR Part 1987
Administrative practice and procedure, Employee protection, FDA
Food Safety Modernization Act, Findings, Investigations, Litigation,
Retaliation complaints.
29 CFR Part 1988
Administrative practice and procedure, Employee protection,
Findings, Investigations, Litigation, Moving Ahead for Progress in the
21st Century Act, Retaliation complaints.
41 CFR Part 60-30
Administrative practice and procedure, Equal opportunity, Executive
Order 11246, Property management, Public contracts.
For the reasons discussed in the preamble, the Department proposes
to amend Titles 20, 29, and 41 of the Code of Federal Regulations as
set forth below:
DEPARTMENT OF LABOR
Title 20: Employees' Benefits
Employment and Training Administration
PART 641--PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE
EMPLOYMENT PROGRAM
0
1. The authority citation for part 641 continues to read as follows:
Authority: 42 U.S.C. 3056 et seq.; Pub. L. 114-144, 130 Stat.
334 (Apr. 19, 2016).
[[Page 1840]]
0
2. In Sec. 641.900, revise paragraphs (d) and (e) to read as follows:
Sec. 641.900 What appeal process is available to an applicant that
does not receive a grant?
* * * * *
(d) A request for a hearing must be filed with the Chief
Administrative Law Judge, U.S. Department of Labor, with one copy to
the Departmental official who issued the determination.
(e) The decision of the ALJ constitutes final agency action unless,
within 21 days of the decision, a party dissatisfied with the ALJ's
decision, in whole or in part, has filed a petition for review with the
Administrative Review Board (ARB) (established under Secretary's Order
No. 01-2020), specifically identifying the procedure, fact, law, or
policy to which exception is taken, in accordance with 29 CFR part 26.
The Department will deem any exception not specifically urged to have
been waived. A copy of the petition for review must be sent to the
grant officer at that time. If, within 30 days of the filing of the
petition for review, the ARB does not notify the parties that the case
has been accepted for review, then the decision of the ALJ constitutes
final agency action. In any case accepted by the ARB, a decision must
be issued by the ARB within 180 days of acceptance. If a decision is
not so issued, the decision of the ALJ constitutes final agency action.
* * * * *
0
3. In Sec. 641.920, revise paragraphs (d)(1) and (5) to read as
follows:
Sec. 641.920 What actions of the Department may a grantee appeal and
what procedures apply to those appeals?
* * * * *
(d) * * *
(1) Within 21 days of receipt of the Department's final
determination, the grantee may file a request for a hearing with the
Chief Administrative Law Judge, United States Department of Labor, in
accordance with 29 CFR part 18, with a copy to the Department official
who signed the final determination.
* * * * *
(5) The decision of the ALJ constitutes final agency action unless,
within 21 days of the decision, a party dissatisfied with the ALJ's
decision, in whole or in part, has filed a petition for review with the
ARB (established under Secretary's Order No. 01-2020), specifically
identifying the procedure, fact, law, or policy to which exception is
taken, in accordance with 29 CFR part 26. The Department will deem any
exception not specifically argued to have been waived. A copy of the
petition for review must be sent to the grant officer at that time. If,
within 30 days of the filing of the petition for review, the ARB does
not notify the parties that the case has been accepted for review, then
the decision of the ALJ constitutes final agency action. In any case
accepted by the ARB, a decision must be issued by the ARB within 180
days of acceptance. If a decision is not so issued, the decision of the
ALJ constitutes final agency action.
PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED
STATES
0
4. The authority citation for part 655 continues to read as follows:
Authority: Section 655.0 issued under 8 U.S.C.
1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C.
1103(a)(6), 1182(m), (n), and (t), 1184(c), (g), and (j), 1188, and
1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102
(8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978,
5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102-232, 105
Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206,
107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8
U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316
(8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat.
2135, as amended; Pub. L. 109-423, 120 Stat. 2900; 8 CFR
214.2(h)(4)(i); 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115-218,
132 Stat. 1547 (48 U.S.C. 1806).
Subpart A issued under 8 CFR 214.2(h).
Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c),
and 1188; and 8 CFR 214.2(h).
Subpart E issued under 48 U.S.C. 1806.
Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec.
323(c), Pub. L. 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note,
Pub. L. 114-74 at section 701.
Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and
(b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Pub.
L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e),
Pub. L. 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461
note, Pub. L. 114-74 at section 701.
Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and
1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C.
1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).
* * * * *
0
5. In Sec. 655.182, revise paragraphs (f)(3) and (f)(5)(i) to read as
follows:
Sec. 655.182 Debarment.
* * * * *
(f) * * *
(3) Hearing. The recipient of a Notice of Debarment may request a
debarment hearing within 30 calendar days of the date of a Notice of
Debarment or the date of a final determination of the OFLC
Administrator after review of rebuttal evidence submitted pursuant to
Sec. 655.182(f)(2). To obtain a debarment hearing, the debarred party
must, within 30 days of the date of the Notice or the final
determination, file a written request with the Chief Administrative Law
Judge, United States Department of Labor, in accordance with 29 CFR
part 18, and simultaneously serve a copy to the OFLC Administrator. The
debarment will take effect 30 days from the date the Notice of
Debarment or final determination is issued, unless a request for review
is properly filed within 30 days from the issuance of the Notice of
Debarment or final determination. The timely filing of a request for a
hearing stays the debarment pending the outcome of the hearing. Within
10 days of receipt of the request for a hearing, the OFLC Administrator
will send a certified copy of the ETA case file to the Chief ALJ by
means normally assuring next-day delivery. The Chief ALJ will
immediately assign an ALJ to conduct the hearing. The procedures in 29
CFR part 18 apply to such hearings, except that the request for a
hearing will not be considered to be a complaint to which an answer is
required.
* * * * *
(5) Review by the ARB. (i) Any party wishing review of the decision
of an ALJ must, within 30 days of the decision of the ALJ, petition the
ARB to review the decision in accordance with 29 CFR part 26. Copies of
the petition must be served on all parties and on the ALJ. The ARB will
decide whether to accept the petition within 30 days of receipt. If the
ARB declines to accept the petition, or if the ARB does not issue a
notice accepting a petition within 30 days after the receipt of a
timely filing of the petition, the decision of the ALJ will be deemed
the final agency action. If a petition for review is accepted, the
decision of the ALJ will be stayed unless and until the ARB issues an
order affirming the decision. The ARB must serve notice of its decision
to accept or not to accept the petition upon the ALJ and upon all
parties to the proceeding.
* * * * *
0
6. In Sec. 655.473, revise paragraphs (f)(3)(i) and (f)(5)(i) to read
as follows:
Sec. 655.473 Debarment.
* * * * *
(f) * * *
(3) Request for review. (i) The recipient of a Notice of Debarment
or Final Determination seeking to challenge the debarment must request
review of the debarment within 30 calendar days of the date of the
Notice of Debarment or the date of the Final Determination by the OFLC
Administrator after review of rebuttal
[[Page 1841]]
evidence submitted under paragraph (f)(2) of this section. A request
for review of debarment must be filed in writing with the Chief ALJ,
United States Department of Labor, in accordance with 29 CFR part 18,
with a simultaneous copy served on the OFLC Administrator; the request
must clearly identify the particular debarment determination for which
review is sought; and must set forth the particular grounds for the
request. If no timely request for review is filed, the debarment will
take effect on the date specified in the Notice of Debarment or Final
Determination, or if no date is specified, 30 calendar days from the
date the Notice of Debarment or Final Determination is issued.
* * * * *
(5) Review by the ARB. (i) Any party wishing review of the decision
of an ALJ must, within 30 calendar days of the decision of the ALJ,
petition the ARB to review the decision in accordance with 29 CFR part
26. Copies of the petition must be served on all parties and on the
ALJ. The ARB will decide whether to accept the petition within 30
calendar days of receipt. If the ARB declines to accept the petition,
or if the ARB does not issue a notice accepting a petition within 30
calendar days after the receipt of a timely filing of the petition, the
decision of the ALJ is the final agency action. If a petition for
review is accepted, the decision of the ALJ will be stayed unless and
until the ARB issues an order affirming the decision. The ARB must
serve notice of its decision to accept or not to accept the petition
upon the ALJ and upon all parties to the proceeding.
* * * * *
0
7. In Sec. 655.845, revise paragraph (f) to read as follows:
Sec. 655.845 What rules apply to appeal of the decision of the
administrative law judge?
* * * * *
(f) All documents submitted to the Board shall be filed with the
Administrative Review Board in accordance with 29 CFR part 26.
Documents are not deemed filed with the Board until actually received
by the Board. All documents, including documents filed by mail, shall
be received by the Board either on or before the due date.
* * * * *
0
8. In Sec. 655.1245, revise paragraph (f) to read as follows:
Sec. 655.1245 Who can appeal the ALJ's decision and what is the
process?
* * * * *
(f) All documents submitted to the Board must be filed with the
Administrative Review Board in accordance with 29 CFR part 26.
Documents are not deemed filed with the Board until actually received
by the Board. All documents, including documents filed by mail, must be
received by the Board either on or before the due date.
* * * * *
PART 658--ADMINISTRATIVE PROVISIONS GOVERNING THE
WAGNER[dash]PEYSER ACT EMPLOYMENT SERVICE
0
9. The authority citation for part 658 continues to read as follows:
Authority: Secs. 189, 503, Pub. L. 113-128, 128 Stat. 1425 (Jul.
22, 2014); 29 U.S.C. chapter 4B.
0
10. In Sec. 658.710, revise paragraph (d) to read as follows:
Sec. 658.710 Decision of the Administrative Law Judge.
* * * * *
(d) If the case involves the decertification of an appeal to the
SWA, the decision of the ALJ must contain a notice stating that, within
30 calendar days of the decision, the SWA or the Administrator may
appeal to the Administrative Review Board, United States Department of
Labor, by filing an appeal with the Administrative Review Board in
accordance with 29 CFR part 26.
PART 667--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE
INVESTMENT ACT
0
11. The authority citation for part 667 continues to read as follows:
Authority: Subtitle C of Title I, Sec. 506(c), Pub. L. 105-220,
112 Stat. 936 (20 U.S.C. 9276(c)); Executive Order 13198, 66 FR
8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141,
3 CFR 2002 Comp., p. 258.
0
12. In Sec. 667.800, revise paragraph (d) to read as follows:
Sec. 667.800 What actions of the Department may be appealed to the
Office of Administrative Law Judges?
* * * * *
(d) A request for a hearing must be filed with the Chief
Administrative Law Judge, U.S. Department of Labor, in accordance with
29 CFR part 18, with one copy to the Departmental official who issued
the determination.
* * * * *
0
13. In Sec. 667.830, revise paragraph (b) to read as follows:
Sec. 667.830 When will the Administrative Law Judge issue a decision?
* * * * *
(b) The decision of the ALJ constitutes final agency action unless,
within 20 days of the decision, a party dissatisfied with the ALJ's
decision has filed a petition for review with the Administrative Review
Board (ARB) (established under Secretary's Order No. 01-2020),
specifically identifying the procedure, fact, law, or policy to which
exception is taken, in accordance with 29 CFR part 26. Any exception
not specifically urged is deemed to have been waived. A copy of the
petition for review must be sent to the opposing party at that time.
Thereafter, the decision of the ALJ constitutes final agency action
unless the ARB, within 30 days of the filing of the petition for
review, notifies the parties that the case has been accepted for
review. In any case accepted by the ARB, a decision must be issued by
the ARB within 180 days of acceptance. If a decision is not so issued,
the decision of the ALJ constitutes final agency action.
PART 683--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE
INNOVATION AND OPPORTUNITY ACT
0
14. The authority citation for Part 683 is revised to read as follows:
Authority: Secs. 102, 116, 121, 127, 128, 132, 133, 147, 167,
169, 171, 181, 185, 186, 189, 195, 503, Pub. L. 113-128, 128 Stat.
1425 (Jul. 22, 2014).
0
15. In Sec. 683.800, revise paragraph (d) to read as follows:
Sec. 683.800 What actions of the Department may be appealed to the
Office of Administrative Law Judges?
* * * * *
(d) A request for a hearing must be filed with the Chief
Administrative Law Judge, U.S. Department of Labor, in accordance with
29 CFR part 18, with one copy to the Departmental official who issued
the determination.
* * * * *
0
16. In Sec. 683.830, revise paragraph (b) to read as follows:
Sec. 683.830 When will the Administrative Law Judge issue a decision?
* * * * *
(b) The decision of the ALJ constitutes final agency action unless,
within 20 days of the decision, a party dissatisfied with the ALJ's
decision has filed a petition for review with the Administrative Review
Board (ARB) (established under Secretary's Order No. 01-2020),
specifically identifying the procedure, fact, law, or policy to which
exception is taken, in accordance with 29 CFR part 26. Any exception
not specifically raised in the petition is deemed to have been waived.
A copy of
[[Page 1842]]
the petition for review also must be sent to the opposing party and if
an applicant or recipient, to the Grant Officer and the Grant Officer's
Counsel at the time of filing. Unless the ARB, within 30 days of the
filing of the petition for review, notifies the parties that the case
has been accepted for review, the decision of the ALJ constitutes final
agency action. In any case accepted by the ARB, a decision must be
issued by the ARB within 180 days of acceptance. If a decision is not
so issued, the decision of the ALJ constitutes final agency action.
PART 726--BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE
OPERATOR'S INSURANCE
0
17. The authority citation for part 726 is revised to read as follows:
Authority: 5 U.S.C. 301; 30 U.S.C. 901 et seq., 902(f), 925,
932, 933, 934, 936; 33 U.S.C. 901 et seq.; 28 U.S.C. 2461 note
(Federal Civil Penalties Inflation Adjustment Act of 1990 (as
amended by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015)); Pub. L. 114-74 at sec. 701;
Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-
2009, 74 FR 58834.
0
18. In Sec. 726.308, revise paragraphs (a) and (b) to read as follows:
Sec. 726.308 Service and computation of time.
(a) Service of documents under this subpart while the matter is
before OWCP shall be made by delivery to the person, an officer of a
corporation, or attorney of record, or by mailing the document to the
last known address of the person, officer, or attorney. If service is
made by mail, it shall be considered complete upon mailing. Unless
otherwise provided in this subpart, service need not be made by
certified mail. If service is made by delivery, it shall be considered
complete upon actual receipt by the person, officer, or attorney; upon
leaving it at the person's, officer's, or attorney's office with a
clerk or person in charge; upon leaving it at a conspicuous place in
the office if no one is in charge; or by leaving it at the person's or
attorney's residence.
(b) Service made after a complaint is filed under Sec. 726.309
must be made in accordance with 29 CFR part 18, as appropriate. When
proceedings are initiated for review by the Administrative Review Board
under Sec. 726.314, service must be made in accordance with 29 CFR
part 26, as appropriate.
* * * * *
0
19. In Sec. 726.314, revise the section heading and paragraph (a) to
read as follows:
Sec. 726.314 Review by the Administrative Review Board.
(a) The Director or any party aggrieved by a decision of the
Administrative Law Judge may petition the Administrative Review Board
(Board) for review of the decision by filing a petition within 30 days
of the date on which the decision was issued. Any other party may file
a cross-petition for review within 15 days of its receipt of a petition
for review or within 30 days of the date on which the decision was
issued, whichever is later. Copies of any petition or cross-petition
shall be served on all parties and on the Chief Administrative Law
Judge.
* * * * *
0
20. Revise Sec. 726.316 to read as follows:
Sec. 726.316 Filing and service.
(a) Filing. All documents submitted to the Administrative Review
Board (Board) shall be filed in accordance with 29 CFR part 26.
(b) Computation of time for delivery by mail. Documents are not
deemed filed with the Board until actually received by the Board either
on or before the due date. No additional time shall be added where
service of a document requiring action within a prescribed time was
made by mail.
(c) Manner and proof of service. A copy of each document filed with
the Board shall be served upon all other parties involved in the
proceeding in accordance with 29 CFR part 26.
0
21. Revise Sec. 726.317 to read as follows:
Sec. 726.317 Discretionary review.
(a) Following receipt of a timely petition for review, the
Administrative Review Board (Board) shall determine whether the
decision warrants review, and shall send a notice of such determination
to the parties and the Chief Administrative Law Judge. If the Board
declines to review the decision, the Administrative Law Judge's
decision shall be considered the final decision of the agency. The
Board's determination to review a decision by an Administrative Law
Judge under this subpart is solely within the discretion of the Board.
(b) The Board's notice shall specify:
(1) The issue or issues to be reviewed; and
(2) The schedule for submitting arguments, in the form of briefs or
such other pleadings as the Board deems appropriate.
(c) Upon receipt of the Board notice, the Director shall forward
the record to the Board.
0
22. Revise Sec. 726.318 to read as follows:
Sec. 726.318 Decision of the Administrative Review Board.
The Administrative Review Board's (Board) review shall be based
upon the hearing record. The findings of fact in the decision under
review shall be conclusive if supported by substantial evidence in the
record as a whole. The Board's review of conclusions of law shall be de
novo. Upon review of the decision, the Board may affirm, reverse,
modify, or vacate the decision, and may remand the case to the Office
of Administrative Law Judges for further proceedings. The Board's
decision shall be served upon all parties and the Chief Administrative
Law Judge in accordance with 29 CFR part 26.
Title 29: Labor
OFFICE OF THE SECRETARY OF LABOR
PART 7--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD
TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
0
23. The authority citation for part 7 is revised to read as follows:
Authority: Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C.
301, 3 CFR, 1949-1953 Comp., p. 1007; sec. 2, 48 Stat. 948 as
amended; 40 U.S.C. 276c; secs. 104, 105, 76 Stat. 358, 359; 40
U.S.C. 330, 331; 65 Stat. 290; 36 FR 306, 8755; Secretary's Order
No. 01-2020, 85 FR 13186 (March 6, 2020).
0
24. Revise Sec. 7.3 to read as follows:
Sec. 7.3 Where to file.
The petition accompanied by a statement of service shall be filed
with the Administrative Review Board, U.S. Department of Labor, in
accordance with 29 CFR part 26. In addition, copies of the petition
shall be served upon each of the following:
(a) The Federal, State, or local agency, or agencies involved;
(b) The officer issuing the wage determination; and
(c) Any other person (or the authorized representatives of such
persons) known, or reasonably expected, to be interested in the subject
matter of the petition.
0
25. Revise Sec. 7.7 to read as follows:
Sec. 7.7 Presentations of other interested persons.
Interested persons other than the petitioner shall have a
reasonable opportunity as specified by the Board in particular cases to
submit to the Board written data, views, or arguments relating to the
petition. Such matter
[[Page 1843]]
should be filed with the Administrative Review Board, U.S. Department
of Labor, in accordance with 29 CFR part 26. Copies of any such matter
shall be served on the petitioner and other interested persons.
0
26. In Sec. 7.9, revise paragraph (a) to read as follows:
Sec. 7.9 Review of decisions in other proceedings.
(a) Any party or aggrieved person shall have a right to file a
petition for review with the Board within a reasonable time from any
final decision in any agency action under part 1, 3, or 5 of this
subtitle.
* * * * *
0
27. Revise Sec. 7.12 to read as follows:
Sec. 7.12 Intervention; other participation.
(a) For good cause shown, the Board may permit any interested
person or party to intervene or otherwise participate in any proceeding
held by the Board. Except when requested orally before the Board, a
petition to intervene or otherwise participate shall be in writing and
shall state with precision and particularity:
(1) The petitioner's relationship to the matters involved in the
proceedings; and
(2) The nature of the presentation which he would make.
(b) Copies of the petition shall be served to all parties or
interested persons known to participate in the proceeding, who may
respond to the petition. Appropriate service shall be made of any
response.
0
28. Amend Sec. 7.16 by:
0
a. Revising paragraph (a);
0
b. Removing paragraph (b);
0
c. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c); and
0
d. Revising newly redesignated paragraph (b).
The revisions read as follows:
Sec. 7.16 Filing and service.
(a) Filing. All papers submitted to the Board under this part shall
be filed with the Clerk of the Appellate Boards, U.S. Department of
Labor.
(b) Manner of service. Service under this part shall be by the
filing party or interested person and in accordance with 29 CFR part
26. Service by mail is complete on mailing.
* * * * *
PART 8--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD
TO FEDERAL SERVICE CONTRACTS
0
29. The authority citation for part 8 is revised to read as follows:
Authority: Secs. 4 and 5, 79 Stat. 1034, 1035, as amended by 86
Stat. 789, 790, 41 U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No. 14
of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 76 Stat. 357-359, 40
U.S.C. 327-332; Secretary's Order No. 01-2020, 85 FR 13186 (March 6,
2020).
0
30. Amend Sec. 8.10 by:
0
a. Revising paragraph (a);
0
b. Removing paragraph (b);
0
c. Redesignating paragraphs (c), (d), and (e) as paragraphs (b), (c),
and (d); and
0
d. Revising newly redesignated paragraph (b).
The revisions read as follows:
Sec. 8.10 Filing and service.
(a) Filing. All papers submitted to the Board under this part shall
be filed with the Clerk of the Appellate Boards, U.S. Department of
Labor.
(b) Manner of service. Service under this part shall be in
accordance with 29 CFR part 26. Service by mail is complete on mailing.
For purposes of this part, filing is accomplished upon the day of
service, by mail or otherwise.
* * * * *
0
31. In Sec. 8.12, by revise the introductory text to read as follows:
Sec. 8.12 Intervention; other participation.
For good cause shown, the Board may permit any interested party to
intervene or otherwise participate in any proceeding held by the Board.
Except when requested orally before the Board, a petition to intervene
or otherwise participate shall be in writing and shall state with
precision and particularity:
* * * * *
PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986
0
32. The authority citation for part 22 continues to read as follows:
Authority: Pub. L. 99-509, Sec. 6101-6104, 100 Stat. 1874, 31
U.S.C. 3801-3812.
0
33. In Sec. 22.2:
0
a. Redesignate paragraphs (b) through (r) as paragraphs (c) through
(s); and
0
b. Add new paragraph (b).
The addition reads as follows:
Sec. 22.2 Definitions.
* * * * *
(b) ARB means the Administrative Review Board delegated to act as
the authorized representative of the Secretary of Labor in review or on
appeal of decisions and recommendations as provided in Secretary's
Order 01-2020 (or any successor to that order).
* * * * *
0
34. In Sec. 22.10, remove the words ``authority head'' and add in
their place the word ``ARB'' wherever they occur in paragraphs (h)
through (k) and revise paragraph (l).
The revision reads as follows:
Sec. 22.10 Default upon failure to file an answer.
* * * * *
(l) If the ARB decides that the defendant's failure to file a
timely answer is not excused, the ARB shall reinstate the initial
decision of the ALJ, which shall become final and binding upon the
parties 30 days after the ARB issues such decision and it becomes final
in accordance with Secretary's Order 01-2020 (or any successor to that
order).
0
35. In Sec. 22.12, revise paragraph (a) to read as follows:
Sec. 22.12 Notice of hearing.
(a) When the ALJ receives the complaint and answer, the ALJ shall
promptly serve a notice of hearing upon the defendant in the manner
prescribed by 29 CFR part 18. At the same time, the ALJ shall send a
copy of such notice to the representative for the Government.
* * * * *
0
36. In Sec. 22.14, revise paragraph (a)(2) to read as follows:
Sec. 22.14 Separation of functions.
(a) * * *
(2) Participate or advise in the initial decision or the review of
the initial decision by the ARB, except as a witness or a
representative in public proceedings; or
* * * * *
0
37. In Sec. 22.16, revise paragraph (f)(3) to read as follows:
Sec. 22.16 Disqualification of reviewing official or ALJ.
* * * * *
(f) * * *
(3) If the ALJ denies a motion to disqualify, the ARB may determine
the matter only as part of its review of the initial decision upon
appeal, if any.
0
38. In Sec. 22.26, revise paragraphs (b) and (c) to read as follows:
Sec. 22.26 Form, filing and service of papers.
* * * * *
(b) Service. A party filing a document with the ALJ shall, at the
time of filing, serve a copy of such document on every other party.
Service upon any party of any document other than those required to be
served as prescribed in Sec. 22.8 shall be made in accordance with 29
CFR part 18. When a party is represented by a representative, service
shall be made upon such representative in lieu of the actual party.
(c) Proof of service. A certificate of the individual serving the
document, setting
[[Page 1844]]
forth the manner of service, shall be proof of service.
Sec. 22.31 [Amended]
0
39. In Sec. 22.31, remove the words ``authority head'' and add in
their place the word ``ARB'' in paragraphs (a), (b) introductory text,
and (c).
0
40. In Sec. 22.35, revise paragraph (b) to read as follows:
Sec. 22.35 The record.
* * * * *
(b) The transcript of testimony, exhibits, and other evidence
admitted at the hearing, and all papers and requests filed in the
proceeding constitute the record for the decision by the ALJ, the ARB,
and the authority head.
* * * * *
0
41. In Sec. 22.37, revise paragraphs (c) and (d) to read as follows:
Sec. 22.37 Initial decision.
* * * * *
(c) The ALJ shall promptly serve the initial decision on all
parties within 90 days after the time for submission of post-hearing
briefs and reply briefs (if permitted) has expired. The ALJ shall at
the same time serve all parties with a statement describing the right
of any defendant determined to be liable for a civil penalty or
assessment to file a motion for reconsideration with the ALJ or a
notice of appeal with the ARB. If the ALJ fails to meet the deadline
contained in this paragraph, the ALJ shall notify the parties of the
reason for the delay and shall set a new deadline.
(d) Unless the initial decision of the ALJ is timely appealed to
the ARB, or a motion for reconsideration of the initial decision is
timely filed, the initial decision shall constitute the final decision
of the authority head and shall be final and binding on the parties 30
days after it is issued by the ALJ.
0
42. In Sec. 22.38, revise paragraphs (f) and (g) to read as follows:
Sec. 22.38 Reconsideration of initial decision.
* * * * *
(f) If the ALJ denies a motion for reconsideration, the initial
decision shall constitute the final decision of the authority head and
shall be final and binding on the parties 30 days after the ALJ denies
the motion, unless the initial decision is timely appealed to the ARB
in accordance with Sec. 22.39.
(g) If the ALJ issues a revised initial decision, that decision
shall constitute the final decision of the authority head and shall be
final and binding on the parties 30 days after it is issued, unless it
is timely appealed to the ARB in accordance with Sec. 22.39.
0
43. In Sec. 22.39, revise paragraphs (a), (b)(3), (c), (f), and (h)
through (l) to read as follows:
Sec. 22.39 Appeal to ARB.
(a) Any defendant who has filed a timely answer and who is
determined in an initial decision to be liable for a civil penalty or
assessment may appeal such decision to the ARB by filing a notice of
appeal with the ARB in accordance with this section and with 29 CFR
part 26.
(b) * * *
(3) The ARB may extend the initial 30-day period for an additional
30 days if the defendant files with the ARB a request for an extension
within the initial 30-day period and shows good cause.
(c) If the defendant files a timely notice of appeal with the ARB,
and the time for filing motions for reconsideration under Sec. 22.38
has expired, the ALJ shall forward the record of the proceeding to the
ARB.
* * * * *
(f) There is no right to appear personally before the ARB.
* * * * *
(h) In reviewing the initial decision, the ARB shall not consider
any objection that was not raised before the ALJ unless a demonstration
is made of extraordinary circumstances causing the failure to raise the
objection.
(i) If any party demonstrates to the satisfaction of the ARB that
additional evidence not presented at such hearing is material and that
there were reasonable grounds for the failure to present such evidence
at such hearing, the ARB shall remand the matter to the ALJ for
consideration of such additional evidence.
(j) The ARB may affirm, reduce, reverse, compromise, remand, or
settle any penalty or assessment, determined by the ALJ in any initial
decision. The ARB's decision is subject to discretionary review by the
Secretary as provided in Secretary's Order 01-2020 (or any successor to
that order).
(k) The ARB shall promptly serve each party to the appeal with a
copy of the decision of the ARB and a statement describing the right of
any person determined to be liable for a penalty or assessment to seek
judicial review.
(l) Unless a petition for review is filed as provided in 31 U.S.C.
3805 after a defendant has exhausted all administrative remedies under
this part and within 60 days after the date on which the authority head
serves the defendant with a copy of the authority head's decision, a
determination that a defendant is liable under Sec. 22.3 is final and
is not subject to judicial review.
0
44. In Sec. 22.41, revise paragraph (a) to read as follows:
Sec. 22.41 Stay pending appeal.
(a) An initial decision is stayed automatically pending disposition
of a motion for reconsideration or of an appeal to the ARB.
* * * * *
PART 24--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL
STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974,
AS AMENDED
0
45. The authority citation for part 24 is revised to read as follows:
Authority: 15 U.S.C. 2622; 33 U.S.C. 1367; 42 U.S.C. 300j-
9(i)BVG, 5851, 6971, 7622, 9610; Secretary of Labor's Order No. 5-
2007, 72 FR 31160 (June 5, 2007); Secretary's Order No. 01-2020, 85
FR 13186 (March 6, 2020).
0
46. In Sec. 24.105, revise paragraph (b) to read as follows:
Sec. 24.105 Issuance of findings and orders.
* * * * *
(b) The findings and order will be sent by means that allow OSHA to
confirm delivery to all parties of record (and each party's legal
counsel if the party is represented by counsel). The findings and order
will inform the parties of their right to file objections and to
request a hearing and provide the address of the Chief Administrative
Law Judge. The Assistant Secretary will file a copy of the original
complaint and a copy of the findings and order with the Chief
Administrative Law Judge, U.S. Department of Labor.
* * * * *
0
47. In Sec. 24.106, revise paragraph (a) to read as follows:
Sec. 24.106 Objections to the findings and order and request for a
hearing.
(a) Any party who desires review, including judicial review, of the
findings and order must file any objections and/or a request for a
hearing on the record within 30 days of receipt of the findings and
order pursuant to Sec. 24.105(b). The objection and/or request for a
hearing must be in writing and state whether the objection is to the
findings and/or the order. The date of the postmark, facsimile
transmittal, email communication, or electronic submission will be
considered to be the date of filing; if the objection is filed in
person, by hand-delivery or other means, the objection is filed upon
receipt. Objections must be filed with the Chief Administrative Law
Judge,
[[Page 1845]]
U.S. Department of Labor, in accordance with 29 CFR part 18, and copies
of the objections must be served at the same time on the other parties
of record, the OSHA official who issued the findings and order, the
Assistant Secretary, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
48. In Sec. 24.107, revise paragraph (b) to read as follows:
Sec. 24.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to a judge who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or otherwise agreed to by the parties. Hearings will be conducted
de novo, on the record.
* * * * *
0
49. In Sec. 24.110, revise paragraphs (a) and (c) to read as follows:
Sec. 24.110 Decision and orders of the Administrative Review Board.
(a) Any party desiring to seek review, including judicial review,
of a decision of the ALJ must file a written petition for review with
the ARB, U.S. Department of Labor, in accordance with 29 CFR part 26.
The decision of the ALJ will become the final order of the Secretary
unless, pursuant to this section, a timely petition for review is filed
with the ARB and the ARB accepts the case for review. The parties
should identify in their petitions for review the legal conclusions or
orders to which they object, or the objections will ordinarily be
deemed waived. A petition must be filed within 10 business days of the
date of the decision of the ALJ. The date of the postmark, facsimile
transmittal, email communication, or electronic submission will be
considered to be the date of filing; if the petition is filed in
person, by hand-delivery or other means, the petition is considered
filed upon receipt. The petition must be served on all parties and on
the Chief Administrative Law Judge at the time it is filed with the
ARB. Copies of the petition for review and all briefs must be served on
the Assistant Secretary, Occupational Safety and Health Administration,
and on the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor.
* * * * *
(c) The final decision of the ARB will be issued within 90 days of
the filing of the complaint. The decision will be served upon all
parties and the Chief Administrative Law Judge. The final decision will
also be served on the Assistant Secretary, Occupational Safety and
Health Administration, and on the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor, even if the Assistant
Secretary is not a party.
* * * * *
0
50. Add part 26 to read as follows:
PART 26--ADMINISTRATIVE REVIEW BOARD RULES OF PRACTICE AND
PROCEDURE
Sec.
26.1 Purpose and scope.
26.2 General procedural matters.
26.3 Filing.
26.4 Service.
Authority: Secretary's Order 01-2020, 85 FR 13186 (March 6,
2020).
Sec. 26.1 Purpose and scope.
(a) This part contains the rules of practice of the Administrative
Review Board (ARB) when it is exercising its authority as described in
paragraph (b) of this section. These rules shall govern all appeals and
proceedings before the ARB except when inconsistent with a governing
statute, regulation, or executive order, in which event the latter
shall control.
(b) The ARB has authority to act as the authorized representative
of the Secretary of Labor in review or on appeal of decisions and
recommendations as provided in Secretary's Order 01-2020 (or any
successor to that order). The ARB shall act as fully and finally as the
Secretary of Labor concerning such matters, except as provided in
Secretary's Order 01-2020 (or any successor to that order).
Sec. 26.2 General procedural matters.
(a) Definitions. (1) ARB means the Administrative Review Board.
(2) Electronic case management system means the Department of
Labor's electronic filing and electronic service system for
adjudications.
(b) Computing time. (1) Unless a different time is set by statute,
regulation, executive order, or judge's order, when computing a time
period stated in days,
(i) Exclude the day of the event that triggers the period;
(ii) Count every day, including intermediate Saturdays, Sundays,
and legal holidays; and
(iii) Include the last day of the period, but if the last day is a
Saturday, Sunday, or legal holiday, the period continues to run until
the next day that is not a Saturday, Sunday, or legal holiday.
(2) Unless a different time is set by statute, regulation,
executive order, or judge's order, the ``last day'' ends:
(i) For electronic filing via the Department's electronic case
management system or via other electronic means, at 11:59:59 Eastern
Time on the due date.
(ii) For non-electronic filing, at the time the office of the Clerk
of the Appellate Boards is scheduled to close in Washington, DC on the
due date.
(c) Mailing address. The mailing address for the ARB is:
Administrative Review Board, Clerk of the Appellate Boards, U.S.
Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210.
Sec. 26.3 Filing.
(a) Filing by electronic submission (e-filing) via the Department's
electronic case management system--(1) Attorneys and lay
representatives. Except as otherwise provided in this section,
beginning on [DATE 45 DAYS AFTER EFFECTIVE DATE OF FINAL RULE],
attorneys and lay representatives must file all petitions, pleadings,
exhibits, and other documents with the ARB via the Department's
electronic case management system. Paper copies are not required unless
requested by the ARB.
(2) Good cause exception. Attorneys and lay representatives may
request an exemption to e-filing for good cause shown. Such a request
must include a detailed explanation why e-filing or acceptance of e-
service should not be required.
(3) Self-represented persons. Self-represented persons may use but
are not required to use the Department's electronic case management
system to file documents.
(4) Filing--date of receipt. Unless a different time is set by
statute, regulation, executive order, or judge's order, a document is
considered filed when received by the Clerk of the Appellate Boards.
Documents filed through the Department's electronic case management
system are considered received by the Clerk of the Appellate Boards as
of the date and time recorded by the Department's electronic case
management system.
(5) Signing. A filing made through a registered user's account on
the Department's electronic case management system and authorized by
that person, together with that person's name on a signature block,
constitutes the person's signature.
(6) Relief for Technical Failures. A person who is adversely
affected by a technical failure in connection with filing or receipt of
an electronic
[[Page 1846]]
document may seek appropriate relief from the ARB. If a technical
malfunction or other issue prevents access to the Department's case
management system for a protracted period, the ARB by special order may
provide appropriate relief pending restoration of electronic access.
(b) Alternate methods of filing. Unless a different time is set by
statute, regulation, executive order, or judge's order, a document
filed using a method other than the Department's electronic case
management system is considered filed when received by the Clerk of the
Appellate Boards.
Sec. 26.4 Service.
(a) Electronic service. Electronic service may be completed by
(1) Electronic mail, if consented to in writing by the person
served; or
(2) Sending it to a user registered with the Department's
electronic case management system by filing via this system. A person
who registers to use the Department's case management system is deemed
to have consented to accept service through the system.
(b) Non-electronic service. Unless otherwise provided by statute,
regulation, executive order, or judge's order, non-electronic service
may be completed by:
(1) Personal delivery;
(2) Mail; or
(3) Commercial delivery.
(c) When service is effected. Unless otherwise provided by statute,
regulation, executive order, or judge's order,
(1) Service by personal delivery is effected on the date the
document is delivered to the recipient.
(2) Service by mail or commercial carrier is effected on mailing or
delivery to the carrier.
(3) Service by electronic means is effected on sending.
PART 29--LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP
PROGRAMS
0
51. The authority citation for part 29 is revised to read as follow:
Authority: Section 1, 50 Stat. 664, as amended (29 U.S.C. 50; 40
U.S.C. 3145; 5 U.S.C. 301) Reorganization Plan No. 14 of 1950, 64
Stat. 1267 (5 U.S.C. App. P. 534).
0
52. In Sec. 29.10, revise paragraphs (a) introductory text and (c) to
read as follows:
Sec. 29.10 Hearings for deregistration.
(a) Within 10 days of receipt of a request for a hearing, the
Administrator of the Office of Apprenticeship must contact the
Department's Office of Administrative Law Judges to request the
designation of an Administrative Law Judge to preside over the hearing.
The Administrative Law Judge shall give reasonable notice of such
hearing to the appropriate sponsor. Such notice will include:
* * * * *
(c) The Administrative Law Judge should issue a written decision
within 90 days of the close of the hearing record. The Administrative
Law Judge's decision constitutes final agency action unless, within 15
days from receipt of the decision, a party dissatisfied with the
decision files a petition for review with the Administrative Review
Board in accordance with 29 CFR part 26, specifically identifying the
procedure, fact, law, or policy to which exception is taken. Any
exception not specifically urged is deemed to have been waived. A copy
of the petition for review must be served on the opposing party at the
same time in accordance with 29 CFR part 26. Thereafter, the decision
of the Administrative Law Judge remains final agency action unless the
Administrative Review Board, within 30 days of the filing of the
petition for review, notifies the parties that it has accepted the case
for review. The Administrative Review Board may set a briefing schedule
or decide the matter on the record. The Administrative Review Board
must issue a decision in any case it accepts for review within 180 days
of the close of the record. If a decision is not so issued, the
Administrative Law Judge's decision constitutes final agency action.
0
53. In Sec. 29.13, revise paragraph (g) introductory text and
paragraph (g)(3) to read as follows:
Sec. 29.13 Recognition of State Apprenticeship Agencies.
* * * * *
(g) Denial of state apprenticeship agency recognition. A denial by
the Office of Apprenticeship of a State Apprenticeship Agency's
application for new or continued recognition must be in writing and
must set forth the reasons for denial. The notice must be sent by
certified mail, return receipt requested. In addition to the reasons
stated for the denial, the notice must specify the remedies which must
be undertaken prior to consideration of a resubmitted request, and must
state that a request for administrative review of a denial of
recognition may be made within 30 calendar days of receipt of the
notice of denial from the Department. Such request must be filed with
the Chief Administrative Law Judge for the Department in accordance
with 29 CFR part 18. Within 30 calendar days of the filing of the
request for review, the Administrator must prepare an administrative
record for submission to the Administrative Law Judge designated by the
Chief Administrative Law Judge.
* * * * *
(3) Within 20 days of the receipt of the recommended decision, any
party may file exceptions. Any party may file a response to the
exceptions filed by another party within 10 days of receipt of the
exceptions. All exceptions and responses must be filed with the
Administrative Review Board with copies served on all parties and amici
curiae in accordance with 29 CFR part 26.
* * * * *
PART 37--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL
OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998
(WIA)
0
54. The authority citation for part 37 continues to read as follows:
Authority: Sections 134(b), 136(d)(2)(F), 136(e), 172(a),
183(c), 185(d)(1)(E), 186, 187 and 188 of the Workforce Investment
Act of 1998, 29 U.S.C. 2801, et seq.; Title VI of the Civil Rights
Act of 1964, as amended, 42 U.S.C. 2000d, et seq.; Section 504 of
the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; the Age
Discrimination Act of 1975, as amended, 42 U.S.C. 6101; Title IX of
the Education Amendments of 1972, as amended, 29 U.S.C. 1681;
Executive Order 13198, 66 FR 8497, 3 CFR 2001 Comp., p. 750; and
Executive Order 13279, 67 FR 77141, 3 CFR 2002 Comp., p. 258.
0
55. In Sec. 37.111, revise paragraph (b)(2) introductory text to read
as follows:
Sec. 37.111 What hearing procedures does the Department follow?
* * * * *
(b) * * *
(2) To request a hearing, the grant applicant or recipient must
file a written answer to the Final Determination or Notification of
Breach of Conciliation Agreement, and a copy of the Final Determination
or Notification of Breach of Conciliation Agreement, with the Office of
the Administrative Law Judges in accordance with 29 CFR part 18.
* * * * *
0
56. Revise Sec. 37.112 to read as follows:
Sec. 37.112 What procedures for initial and final decisions does the
Department follow?
(a) Initial decision. After the hearing, the Administrative Law
Judge must issue an initial decision and order, containing findings of
fact and conclusions of law. The initial decision and order must be
served on all parties in accordance with 29 CFR part 18.
(b) Exceptions; final decision--(1) Final decision after a hearing.
The
[[Page 1847]]
initial decision and order becomes the Final Decision and Order of the
Secretary unless exceptions are filed by a party or, in the absence of
exceptions, the Administrative Review Board (Board) serves notice that
it will review the decision.
(i) A party dissatisfied with the initial decision and order may,
within 45 days of receipt, file with the Board and serve on the other
parties to the proceedings and on the Administrative Law Judge,
exceptions to the initial decision and order or any part thereof, in
accordance with 29 CFR part 26.
(ii) Upon receipt of exceptions, the Administrative Law Judge must
index and forward the record and the initial decision and order to the
Board within three days of such receipt.
(iii) A party filing exceptions must specifically identify the
finding or conclusion to which exception is taken. Any exception not
specifically urged is waived.
(iv) Within 45 days of the date of filing such exceptions, a reply,
which must be limited to the scope of the exceptions, may be filed and
served by any other party to the proceeding.
(v) Requests for extensions for the filing of exceptions or replies
must be received by the Board no later than 3 days before the
exceptions or replies are due.
(vi) If no exceptions are filed, the Board may, within 30 days of
the expiration of the time for filing exceptions, on its own motion
serve notice on the parties that it will review the decision.
(vii) Final decision and order.
(A) Where exceptions have been filed, the initial decision and
order of the Administrative Law Judge becomes the Final Decision and
Order of the Secretary unless the Board, within 30 days of the
expiration of the time for filing exceptions and replies, has notified
the parties that the case is accepted for review.
(B) Where exceptions have not been filed, the initial decision and
order of the Administrative Law Judge becomes the Final Decision and
Order of the Secretary unless the Board has served notice on the
parties that it will review the decision, as provided in paragraph
(b)(1)(vi) of this section.
(viii) In any case reviewed by the Board under this paragraph, a
decision must be issued within 180 days of the notification of such
review. If the Board fails to issue a Decision and Order within the
180-day period, the initial decision and order of the Administrative
Law Judge becomes the Final Decision and Order of the Secretary.
(2) Final Decision where a hearing is waived. (i) If, after
issuance of a Final Determination under Sec. 37.100 or Notification of
Breach of Conciliation Agreement under Sec. 37.104, voluntary
compliance has not been achieved within the time set by this part and
the opportunity for a hearing has been waived as provided for in Sec.
37.111(b)(4), the Final Determination or Notification of Breach of
Conciliation Agreement becomes the Final Decision of the Secretary.
(ii) When a Final Determination or Notification of Breach of
Conciliation Agreement becomes the Final Decision of the Secretary, the
Secretary may, within 45 days, issue an order terminating or denying
the grant or continuation of assistance or imposing other appropriate
sanctions for the grant applicant or recipient's failure to comply with
the required corrective and/or remedial actions, or referring the
matter to the Attorney General for further enforcement action.
PART 38--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL
OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY
ACT
0
57. The authority citation for part 38 continues to read as follows:
Authority: 29 U.S.C. 3101 et seq.; 42 U.S.C. 2000d et seq.; 29
U.S.C. 794; 42 U.S.C. 6101 et seq.; and 20 U.S.C. 1681 et seq.
0
58. In Sec. 38.111, revise paragraph (b)(2) introductory text to read
as follows:
Sec. 38.111 Hearing procedures.
* * * * *
(b) * * *
(2) To request a hearing, the grant applicant or recipient must
file a written answer to the Final Determination or Notification of
Breach of Conciliation Agreement, and a copy of the Final Determination
or Notification of Breach of Conciliation Agreement, with the Office of
the Administrative Law Judges in accordance with 29 CFR part 18.
* * * * *
0
59. In Sec. 38.112, revise paragraphs (a) and (b)(1)(i) and (iv) to
read as follows:
Sec. 38.112 Initial and final decision procedures.
(a) Initial decision. After the hearing, the Administrative Law
Judge must issue an initial decision and order, containing findings of
fact and conclusions of law. The initial decision and order must be
served on all parties.
(b) * * *
(1) * * *
(i) Exceptions. A party dissatisfied with the initial decision and
order may, within 45 days of receipt, file with the Administrative
Review Board and serve on the other parties to the proceedings and on
the Administrative Law Judge, exceptions to the initial decision and
order or any part thereof, in accordance with 29 CFR part 26.
* * * * *
(iv) Reply. Within 45 days of the date of filing such exceptions, a
reply, which must be limited to the scope of the exceptions, may be
filed and served by any other party to the proceeding in accordance
with 29 CFR part 26.
* * * * *
PART 96--AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER
AGREEMENTS
0
60. The authority citation for part 96 continues to read as follows:
Authority: 31 U.S.C. 7501 et seq. and OMB Circular No. A-133, as
amended.
0
61. In Sec. 96.63, revise paragraphs (b)(1)(i) and (b)(4) to read as
follows:
Sec. 96.63 Federal financial assistance
* * * * *
(b) * * *
(1) * * *
(i) Request for hearing. Within 21 days of receipt of the grant
officer's final determination, the recipient may file a request for
hearing with the Chief Administrative Law Judge, United States
Department of Labor, with a copy to the grant officer who signed the
final determination. The Chief Administrative Law Judge shall designate
an administrative law judge to hear the appeal.
* * * * *
(4) Filing exceptions to decision. The decision of the
administrative law judge shall constitute final action by the Secretary
of Labor, unless, within 21 days after receipt of the decision of the
administrative law judge, a party dissatisfied with the decision or any
part thereof has filed exceptions with the Administrative Review Board
(the Board), specifically identifying the procedure or finding of fact,
law, or policy with which exception is taken, in accordance with 29 CFR
part 26. Any exceptions not specifically urged shall be deemed to have
been waived. Thereafter, the decision of the administrative law judge
shall become the decision of the Secretary, unless the Board, within 30
days of such filing, has notified the parties that the case has been
accepted for review.
* * * * *
[[Page 1848]]
Office of Labor-Management Standards
PART 417--PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION
OFFICERS
0
62. The authority for part 417 continues to read as follows:
Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481,
482); Secretary's Order No. 03-2012, 77 FR 69376, November 16, 2012;
Secretary's Order No. 01-2020, 85 FR 13186 (March 6, 2020).
0
63. In Sec. 417.14, revise paragraph (a) to read as follows:
Sec. 417.14 Form and time for filing of appeal with the
Administrative Review Board.
(a) An interested person may appeal from the Administrative Law
Judge's initial decision by filing written exceptions with the
Administrative Review Board within 15 days of the issuance of the
Administrative Law Judge's initial decision (or such additional time as
the Administrative Review Board may allow), together with supporting
reasons for such exceptions, in accordance with 29 CFR part 26. Blanket
appeals shall not be received. Impertinent or scandalous matter may be
stricken by the Administrative Review Board, or an appeal containing
such matter or lacking in specification of exceptions may be dismissed.
* * * * *
0
64. Revise Sec. 417.15 to read as follows:
Sec. 417.15 Decision of the Administrative Review Board.
Upon appeal filed with the Administrative Review Board pursuant to
Sec. 417.14, or within its discretion upon its own motion, the
complete record of the proceedings shall be certified to it; it shall
notify all interested persons who participated in the proceedings; and
it shall review the record, the exceptions filed and supporting
reasons, and shall issue a decision as to the adequacy of the
constitution and bylaws for the purpose of removing officers, or shall
order such further proceedings as it deems appropriate. Its decision
shall become a part of the record and shall include a statement of its
findings and conclusions, as well as the reasons or basis therefor,
upon all material issues.
PART 458--STANDARDS OF CONDUCT
0
65. The authority for part 458 is revised to read as follows:
Authority: 5 U.S.C. 7105, 7111, 7120, 7134; 22 U.S.C. 4107,
4111, 4117; 2 U.S.C. 1351(a)(1); Secretary's Order No. 03-2012, 77
FR 69376, November 16, 2012; Secretary's Order No. 01-2020, 85 FR
13186 (March 6, 2020).
0
66. In Sec. 458.88, revise paragraph (c) to read as follows:
Sec. 458.88 Submission of the Administrative Law Judge's recommended
decision and order to the Administrative Review Board; exceptions.
* * * * *
(c) Exceptions to the Administrative Law Judge's recommended
decision and order may be filed by any party with the Administrative
Review Board within fifteen (15) days after service of the recommended
decision and order, in accordance with 29 CFR part 26. The
Administrative Review Board may for good cause shown extend the time
for filing such exceptions. Requests for additional time in which to
file exceptions shall be in writing, and copies thereof shall be served
on the other parties. Requests for extension of time must be received
no later than three (3) days before the date the exceptions are due.
Copies of such exceptions and any supporting briefs shall be served on
all other parties, and a statement of such service shall be furnished
to the Administrative Review Board.
0
67. In Sec. 458.90, revise paragraph (a) introductory text to read as
follows:
Sec. 458.90 Briefs in support of exceptions.
(a) Any brief in support of exceptions shall be filed in accordance
with 29 CFR part 26, contain only matters included within the scope of
the exceptions, and contain, in the order indicated, the following:
* * * * *
Wage and Hour Division
PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
0
68. The authority for part 500 continues to read as follows:
Authority: Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872);
Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24,
2014); 28 U.S.C. 2461 Note (Federal Civil Penalties Inflation
Adjustment Act of 1990); and Pub. L. 114-74, 129 Stat 584.
0
69. In Sec. 500.20, revise paragraph (b) to read as follows:
Sec. 500.20 Definitions.
* * * * *
(b) Administrative Law Judge means a person appointed as provided
in title 5 U.S.C. and qualified to preside at hearings under 5 U.S.C.
557. Chief Administrative Law Judge means the Chief Administrative Law
Judge, United States Department of Labor.
* * * * *
0
70. In Sec. 500.263, revise the section heading and introductory text
to read as follows:
Sec. 500.263 Authority of the Administrative Review Board.
The Administrative Review Board may modify or vacate the Decision
and Order of the Administrative Law Judge whenever it concludes that
the Decision and Order:
* * * * *
0
71. In Sec. 500.264, revise paragraph (a) to read as follows:
Sec. 500.264 Procedures for initiating review.
(a) Within twenty (20) days after the date of the decision of the
Administrative Law Judge, the respondent, the Administrator, or any
other party desiring review thereof, may file with the Administrative
Review Board (Board) a petition for issuance of a Notice of Intent as
described under Sec. 500.265. The petition shall be in writing and
shall contain a concise and plain statement specifying the grounds on
which review is sought. A copy of the Decision and Order of the
Administrative Law Judge shall be attached to the petition.
* * * * *
0
72. Revise 500.265 to read as follows:
Sec. 500.265 Implementation by the Administrative Review Board.
(a) Whenever, on the Administrative Review Board's (Board) own
motion or upon acceptance of a party's petition, the Board believes
that a Decision and Order may warrant modifying or vacating, the Board
shall issue a Notice of Intent to modify or vacate.
(b) The Notice of Intent to Modify or Vacate a Decision and Order
shall specify the issue or issues to be considered, the form in which
submission shall be made (i.e., briefs, oral argument, etc.), and the
time within which such presentation shall be submitted. The Board shall
closely limit the time within which the briefs must be filed or oral
presentations made, so as to avoid unreasonable delay.
(c) The Notice of Intent shall be issued within thirty (30) days
after the date of the Decision and Order in question.
(d) Service of the Notice of Intent shall be made upon each party
to the proceeding, and upon the Chief Administrative Law Judge, in
accordance with 29 CFR part 26.
0
73. Revise Sec. 500.266 to read as follows:
Sec. 500.266 Responsibility of the Office of Administrative Law
Judges.
Upon receipt of the Administrative Review Board's (Board) Notice of
Intent
[[Page 1849]]
to Modify or Vacate a Decision and Order of an Administrative Law
Judge, the Chief Administrative Law Judge shall, within fifteen (15)
days, index, certify, and forward a copy of the complete hearing record
to the Board.
0
74. Revise Sec. 500.267 to read as follows:
Sec. 500.267 Filing and service.
(a) Filing. All documents submitted to the Administrative Review
Board (Board) shall be filed in accordance with 29 CFR part 26.
(b) Computation of time for delivery. Documents are not deemed
filed with the Board until actually received by that office. All
documents, including documents filed by mail, must be received by the
Board either on or before the due date.
(c) Manner and proof of service. A copy of all documents filed with
the Board shall be served upon all other parties involved in the
proceeding. Service under this section shall be in accordance with 29
CFR part 26.
0
75. Revise Sec. 500.268 to read as follows:
Sec. 500.268 Decision of the Administrative Review Board.
(a) The Administrative Review Board's (Board) Decision and Order
shall be issued within 120 days from the notice of intent granting the
petition, except that in cases involving the review of an
Administrative Law Judge decision in a certificate action as described
in Sec. 500.224(b), the Board's decision shall be issued within ninety
(90) days from the date such notice. The Board's Decision and Order
shall be served upon all parties and the Chief Administrative Law
Judge, in accordance with 29 CFR part 26.
(b) Upon receipt of an Order of the Board modifying or vacating the
Decision and Order of an Administrative Law Judge, the Chief
Administrative Law Judge shall substitute such Order for the Decision
and Order of the Administrative Law Judge.
(c) The Board's decision is subject to discretionary review by the
Secretary as provided in Secretary's Order 01-2020 (or any successor to
that order).
PART 525--EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL
CERTIFICATES
0
76. The authority citation for part 525 continues to read as follows:
Authority: 52 Stat. 1060, as amended (29 U.S.C. 201-219); Pub.
L. 99-486, 100 Stat. 1229 (29 U.S.C. 214).
0
77. In Sec. 525.22, revise paragraphs (e) through (h) to read as
follows:
Sec. 525.22 Employee's right to petition
* * * * *
(e) The ALJ shall issue a decision within 30 days after the
termination of the hearing and shall serve the decision on the
Administrator and all interested parties in accordance with 29 CFR part
18. The decision shall contain appropriate findings and conclusions and
an order. If the ALJ finds that the special minimum wage being paid or
which has been paid is not justified, the order shall specify the
lawful rate and the period of employment to which the rate is
applicable. In the absence of evidence sufficient to support the
conclusion that the proper wage should be less than the minimum wage,
the ALJ shall order that the minimum wage be paid.
(f) Within 15 days after the date of the decision of the ALJ, the
petitioner, the Administrator, or the employer who seeks review thereof
may request review by the Administrative Review Board (Board). The
request must be filed in accordance with 29 CFR part 26 and must
include a copy of the ALJ's decision. Any other interested party may
file a reply thereto with the Board and the Administrator within 5
working days of receipt of such request for review. The request for
review and reply thereto shall be transmitted by the Administrator to
all interested parties by a method guaranteeing one-day delivery.
(g) The decision of the ALJ shall be deemed to be final agency
action 30 days after issuance thereof, unless within 30 days of the
date of the decision the Board grants a request to review the decision.
Where such request for review is granted, within 30 days after receipt
of such request the Board shall review the record and shall either
adopt the decision of the ALJ or issue exceptions. The decision of the
ALJ, together with any exceptions issued by the Board, shall be deemed
to be a final agency action, unless the Secretary exercises
discretionary review over the decision and exceptions as provided in
Secretary's Order 01-2020 (or any successor to that order).
(h) Within 30 days of issuance of the decision of the ALJ, ARB, or
Secretary becoming a final action, any person adversely affected or
aggrieved by such action may seek judicial review pursuant to chapter 7
of title 5, United States Code. The record of the case, including the
record of proceedings before the ALJ, shall be transmitted by the Board
to the appropriate court pursuant to the rules of such court.
PART 530--EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES
0
78. The authority citation for part 530 continues to read as follows:
Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by
sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-
2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461
note (Federal Civil Penalties Inflation Adjustment Act of 1990);
Pub. L. 114-74 at Sec. 701, 129 Stat 584.
0
79. In Sec. 530.403, revise paragraph (c) to read as follows:
Sec. 530.403 Request for hearing.
* * * * *
(c) In the case of an emergency revocation, a request for an
administrative hearing shall be filed with the Chief Administrative Law
Judge in accordance with 29 CFR part 18, and must be received no later
than 20 days after the issuance of the notice referred to in Sec.
530.402 of this subpart.
0
80. In Sec. 530.406, revise paragraph (c) to read as follows:
Sec. 530.406 Decision and order of Administrative Law Judge.
* * * * *
(c) The decision shall be served on all parties and the Secretary.
The decision when served by the Administrative Law Judge shall
constitute the final order of the Department of Labor unless the
Administrative Review Board, as provided for in Sec. 530.407 of this
subpart, determines to review the decision.
Sec. 530.407 [Amended]
0
81. In Sec. 530.407, remove the word ``Secretary'' wherever it occurs
and add in its place the words ``Administrative Review Board''.
Sec. 530.408 [Amended]
0
82. In Sec. 530.408, remove the word ``Secretary'' wherever it occurs
and add in its place the words ``Administrative Review Board''.
0
83. Revise Sec. 530.409 to read as follows:
Sec. 530.409 Decision of the Secretary.
The Administrative Review Board's decision shall be served upon all
parties and the Administrative Law Judge. The Administrative Review
Board's decision is subject to discretionary review by the Secretary as
provided in Secretary's Order 01-2020 (or any successor to that order).
0
84. In Sec. 530.411, revise paragraphs (c), (d), and (f) to read as
follows:
Sec. 530.411 Emergency certificate revocation procedures.
* * * * *
[[Page 1850]]
(c) The Office of Administrative Law Judges shall notify the
parties, electronically or at their last known address, of the date,
time, and place for the hearing, which shall be no more than 60 days
from the date of receipt of the request for the hearing. All parties
shall be given at least 5 days' notice of such hearing. No requests for
postponement shall be granted except for compelling reasons.
(d) The Administrative Law Judge shall issue a decision pursuant to
Sec. 530.406 of this subpart within 30 days after the termination of a
proceeding at which evidence was submitted. The decision shall be
served on all parties and the Administrative Review Board (``Board'')
and shall constitute the final order of the Department of Labor unless
the Board determines to review the decision.
* * * * *
(f) The Board's decision shall be issued within 60 days of the
notice by the Board accepting the submission, and shall be served upon
all parties and the Administrative Law Judge. The Board's decision is
subject to discretionary review by the Secretary as provided in
Secretary's Order 01-2020 (or any successor to that order).
PART 580--CIVIL MONEY PENALTIES--PROCEDURES FOR ASSESSING AND
CONTESTING PENALTIES
0
85. The authority citation for part 580 continues to read as follows:
Authority: 29 U.S.C. 9a, 203, 209, 211, 212, 213(c), 216; Reorg.
Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88
Stat. 72, 76; Secretary's Order 01-2014 (Dec. 19, 2014), 79 FR 77527
(Dec. 24, 2014); 5 U.S.C. 500, 503, 551, 559; 103 Stat. 938.
0
86. In Sec. 580.8, revise paragraphs (a) and (c) to read as follows:
Sec. 580.8 Service and computation of time.
(a) Service of documents under this subpart shall be made to the
individual, an officer of a corporation, or attorney of record in
accordance with 29 CFR part 18.
* * * * *
(c) Time will be computed in accordance with part 18.
0
87. In Sec. 580.13, revise paragraphs (b) and (d) to read as follows:
Sec. 580.13 Procedures for appeals to the Administrative Review
Board.
* * * * *
(b) All documents submitted to the Board shall be filed with the
Administrative Review Board in accordance with 29 CFR part 26.
* * * * *
(d) A copy of each document filed with the Board shall be served
upon all other parties involved in the proceeding in accordance with 29
CFR part 26. Service by mail is deemed effected at the time of mailing
to the last known address of the party.
0
88. Revise Sec. 580.16 to read as follows:
Sec. 580.16 Decision of the Administrative Review Board.
The Board's decision shall be served upon all parties and the Chief
Administrative Law Judge.
Occupational Safety and Health Administration
PART 1978--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE
TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA), AS AMENDED
0
89. The authority citation for part 1978 is revised to read as follows:
Authority: 49 U.S.C. 31101 and 31105; Secretary's Order 1-2012
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-
2020, 85 FR 13186 (March 6, 2020).
0
90. In Sec. 1978.105, revise paragraph (b) to read as follows:
Sec. 1978.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
the order and to request a hearing. The findings and, where
appropriate, the preliminary order also will give the address of the
Chief Administrative Law Judge, U.S. Department of Labor, or
appropriate information regarding filing objections electronically with
the Office of Administrative Law Judges. At the same time, the
Assistant Secretary will file with the Chief Administrative Law Judge a
copy of the original complaint and a copy of the findings and/or order.
* * * * *
0
91. In Sec. 1978.106, revise paragraph (a) to read as follows:
Sec. 1978.106 Objections to the findings and the preliminary order
and request for a hearing.
(a) Any party who desires review, including judicial review, must
file any objections and a request for a hearing on the record within 30
days of receipt of the findings and preliminary order pursuant to Sec.
1978.105(c). The objections and request for a hearing must be in
writing and state whether the objections are to the findings and/or the
preliminary order. The date of the postmark, facsimile transmittal, or
electronic transmittal is considered the date of filing; if the
objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on the other parties of record and the OSHA official who
issued the findings.
* * * * *
0
92. In Sec. 1978.107, revise paragraph (b) to read as follows:
Sec. 1978.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. Administrative law judges have broad
discretion to limit discovery in order to expedite the hearing.
* * * * *
0
93. In Sec. 1978.110, revise paragraph (c) to read as follows:
Sec. 1978.110 Decisions and orders of the Administrative Review
Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
ruled upon or 14 days after a new decision is issued. The ARB's
decision will be served upon all parties and the Chief Administrative
Law Judge. The decision also will be served on the Assistant Secretary,
and on the Associate Solicitor, Division of Occupational Safety and
Health, U.S, Department of Labor, even if the Assistant Secretary is
not a party.
* * * * *
[[Page 1851]]
PART 1979--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS
UNDER SECTION 519 OF THE WENDELL H. FORD AVIATION INVESTMENT AND
REFORM ACT FOR THE 21ST CENTURY
0
94. The authority citation for part 1979 is revised to read as follows:
Authority: 49 U.S.C. 42121; Secretary's Order 1-2012 (Jan. 18,
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR
13186 (March 6, 2020).
0
95. In Sec. 1979.105, revise paragraph (b) to read as follows:
Sec. 1979.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and the preliminary order will be sent by means
that allow OSHA to confirm delivery to all parties of record. The
letter accompanying the findings and order will inform the parties of
their right to file objections and to request a hearing, and of the
right of the named person to request attorney's fees from the
administrative law judge, regardless of whether the named person has
filed objections, if the named person alleges that the complaint was
frivolous or brought in bad faith. The letter also will give the
address of the Chief Administrative Law Judge or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge, U.S. Department of
Labor, a copy of the original complaint and a copy of the findings and
order.
* * * * *
0
96. In Sec. 1979.106, revise paragraph (a) to read as follows:
Sec. 1979.106 Objections to the findings and the preliminary order
and request for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and preliminary order, or a named person alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney's fees, must file any objections and/or a request for a
hearing on the record within 30 days of receipt of the findings and
preliminary order pursuant to Sec. 1979.105(b). The objection or
request for attorney's fees and request for a hearing must be in
writing and state whether the objection is to the findings, the
preliminary order, and/or whether there should be an award of
attorney's fees. The date of the postmark, facsimile transmittal, or
electronic transmittal will be considered to be the date of filing; if
the objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on the other parties of record, the OSHA official who issued
the findings and order, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
97. In Sec. 1979.107, revise paragraph (b) to read as follows:
Sec. 1979.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to a judge who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted as hearings de novo, on the record. Administrative law judges
shall have broad discretion to limit discovery in order to expedite the
hearing.
* * * * *
0
98. In Sec. 1979.110, revise paragraphs (a) and (c) to read as
follows:
Sec. 1979.110 Decision and orders of the Administrative Review Board.
(a) Any party desiring to seek review, including judicial review,
of a decision of the administrative law judge, or a named person
alleging that the complaint was frivolous or brought in bad faith who
seeks an award of attorney's fees, must file a written petition for
review with the Administrative Review Board (``the Board''). The
decision of the Administrative Law Judge shall become the final order
of the Secretary unless, pursuant to this section, a petition for
review is timely filed with the Board. The petition for review must
specifically identify the findings, conclusions, or orders to which
exception is taken. Any exception not specifically urged ordinarily
shall be deemed to have been waived by the parties. To be effective, a
petition must be filed within ten business days of the date of the
decision of the Administrative Law Judge. The date of the postmark,
facsimile transmittal, or electronic transmittal will be considered to
be the date of filing; if the petition is filed in person, by hand-
delivery or other means, the petition is considered filed upon receipt.
The petition must be served on all parties and on the Chief
Administrative Law Judge at the time it is filed with the Board. Copies
of the petition for review and all briefs must be served on the
Assistant Secretary, Occupational Safety and Health Administration, and
on the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor.
* * * * *
(c) The decision of the Board shall be issued within 120 days of
the conclusion of the hearing, which shall be deemed to be the
conclusion of all proceedings before the Administrative Law Judge--
i.e., 10 business days after the date of the decision of the
Administrative Law Judge unless a motion for reconsideration has been
filed with the Administrative Law Judge in the interim. The decision
will be served upon all parties and the Chief Administrative Law Judge.
The decision will also be served on the Assistant Secretary,
Occupational Safety and Health Administration, and on the Associate
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor,
even if the Assistant Secretary is not a party.
* * * * *
PART 1980--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER SECTION 806 OF THE SARBANES-OXLEY ACT OF 2002, AS AMENDED
0
99. The authority citation for part 1980 is revised to read as follows:
Authority: 18 U.S.C. 1514A, as amended by the Dodd-Frank Wall
Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203
(July 21, 2010); Secretary of Labor's Order No. 01-2012 (Jan. 18,
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-2020, 85
FR 13186 (March 6, 2020).
0
100. In Sec. 1980.105, revise paragraph (b) to read as follows:
Sec. 1980.105
* * * * *
(b) The findings, and where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings, and where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney fees not exceeding $1,000 from the
administrative law judge (ALJ) regardless of whether the respondent has
filed objections, if the complaint was frivolous or brought in bad
faith. The findings, and where appropriate,
[[Page 1852]]
the preliminary order, also will give the address of the Chief
Administrative Law Judge, U.S. Department of Labor, or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge a copy of the
original complaint and a copy of the findings and/or order.
* * * * *
0
101. In Sec. 1980.106, revise paragraph (a) to read as follows:
Sec. 1980.106 Objections to the findings and the preliminary order
and request for a heading.
(a) Any party who desires review, including judicial review, of the
findings and preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under the Act, must file any objections and/or a request
for a hearing on the record within 30 days of receipt of the findings
and preliminary order pursuant to Sec. 1980.105(b). The objections
and/or request for a hearing must be in writing and state whether the
objections are to the findings and/or the preliminary order, and/or
whether there should be an award of attorney fees. The date of the
postmark, facsimile transmittal, or electronic transmittal is
considered the date of filing; if the objection is filed in person, by
hand-delivery or other means, the objection is filed upon receipt.
Objections must be filed with the Chief Administrative Law Judge, U.S.
Department of Labor, in accordance with 29 CFR part 18, and copies of
the objections must be served at the same time on the other parties of
record, the OSHA official who issued the findings and order, the
Assistant Secretary, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
102. In Sec. 1980.107, revise paragraph (b) to read as follows:
Sec. 1980.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo, on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
103. In Sec. 1980.110, revise paragraph (c) to read as follows:
Sec. 1980.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB shall be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ unless a motion for reconsideration has
been filed with the ALJ in the interim. In such case, the conclusion of
the hearing is the date the motion for reconsideration is ruled upon or
14 days after a new decision is issued. The ARB's decision will be
served upon all parties and the Chief Administrative Law Judge. The
decision will also be served on the Assistant Secretary and on the
Associate Solicitor, Division of Fair Labor Standards, even if the
Assistant Secretary is not a party.
* * * * *
PART 1981--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS
UNDER SECTION 6 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002
0
104. The authority citation for Part 1981 is revised to read as
follows:
Authority: 49 U.S.C. 60129; Secretary's Order 1-2012 (Jan. 18,
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR
13186 (March 6, 2020).
0
105. In Sec. 1981.105, revise paragraph (b) to read as follows:
Sec. 1981.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and the preliminary order will be sent by means
that allow OSHA to confirm delivery to all parties of record. The
letter accompanying the findings and order will inform the parties of
their right to file objections and to request a hearing, and of the
right of the named person to request attorney's fees from the
administrative law judge, regardless of whether the named person has
filed objections, if the named person alleges that the complaint was
frivolous or brought in bad faith. The letter also will give the
address of the Chief Administrative Law Judge or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge, U.S. Department of
Labor, a copy of the original complaint and a copy of the findings and
order.
* * * * *
0
106. In Sec. 1981.106, revise paragraph (a) to read as follows:
Sec. 1981.106 Objections to the findings and the preliminary order
and request for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and preliminary order, or a named person alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney's fees, must file any objections and/or a request for a
hearing on the record within 60 days of receipt of the findings and
preliminary order pursuant to Sec. 1981.105(b). The objection or
request for attorney's fees and request for a hearing must be in
writing and state whether the objection is to the findings, the
preliminary order, and/or whether there should be an award of
attorney's fees. The date of the postmark, facsimile transmittal, or
electronic transmittal will be considered to be the date of filing; if
the objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on the other parties of record, the OSHA official who issued
the findings and order, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
107. In Sec. 1981.107, revise paragraph (b) to read as follows:
Sec. 1981.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to a judge who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo, on the record. Administrative law judges have broad
discretion to limit discovery in order to expedite the hearing.
* * * * *
0
108. In Sec. 1981.110, revise paragraph (c) to read as follows:
Sec. 1981.110
* * * * *
(c) The decision of the Board shall be issued within 90 days of the
conclusion of the hearing, which will be deemed to be the conclusion of
all proceedings before the Administrative Law Judge--i.e., 10 business
days after the date of the decision of the Administrative Law Judge
unless a motion for reconsideration has been filed with the
[[Page 1853]]
Administrative Law Judge in the interim. The decision will be served
upon all parties and the Chief Administrative Law Judge. The decision
will also be served on the Assistant Secretary, Occupational Safety and
Health Administration, and on the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor, even if the Assistant
Secretary is not a party.
* * * * *
PART 1982--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER THE NATIONAL TRANSIT SYSTEMS SECURITY ACT AND THE FEDERAL
RAILROAD SAFETY ACT
0
109. The authority citation for part 1982 is revised to read as
follows:
Authority: 6 U.S.C. 1142 and 49 U.S.C. 20109; Secretary of
Labor's Order 01-2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012);
Secretary's Order No. 01-2020, 85 FR 13186 (March 6, 2020).
0
110. In Sec. 1982.105, revise paragraph (b) to read as follows:
Sec. 1982.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent
under NTSSA to request award of attorney fees not exceeding $1,000 from
the administrative law judge (ALJ) regardless of whether the respondent
has filed objections, if the respondent alleges that the complaint was
frivolous or brought in bad faith. The findings and, where appropriate,
the preliminary order also will give the address of the Chief
Administrative Law Judge, U.S. Department of Labor, or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge a copy of the
original complaint and a copy of the findings and/or order.
* * * * *
0
111. In Sec. 1982.106, revise paragraph (a) to read as follows:
Sec. 1982.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under NTSSA, must file any objections and/or a request
for a hearing on the record within 30 days of receipt of the findings
and preliminary order pursuant to Sec. 1982.105. The objections,
request for a hearing, and/or request for attorney fees must be in
writing and state whether the objections are to the findings, the
preliminary order, and/or whether there should be an award of attorney
fees. The date of the postmark, facsimile transmittal, or electronic
transmittal is considered the date of filing; if the objection is filed
in person, by hand-delivery or other means, the objection is filed upon
receipt. Objections must be filed with the Chief Administrative Law
Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and
copies of the objections must be served at the same time on the other
parties of record, the OSHA official who issued the findings and order,
the Assistant Secretary, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
112. In Sec. 1982.107, revise paragraph (b) to read as follows:
Sec. 1982.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. Administrative Law Judges have broad
discretion to limit discovery in order to expedite the hearing.
* * * * *
0
113. In Sec. 1982.110, revise paragraph (c) to read as follows:
Sec. 1982.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
denied or 14 days after a new decision is issued. The ARB's decision
will be served upon all parties and the Chief Administrative Law Judge.
The decision also will be served on the Assistant Secretary, and on the
Associate Solicitor, Division of Fair Labor Standards, U.S. Department
of Labor, even if the Assistant Secretary is not a party.
* * * * *
PART 1983--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER SECTION 219 OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF
2008
0
114. The authority citation for part 1983 is revised to read as
follows:
Authority: 15 U.S.C. 2087; Secretary's Order 1-2012 (Jan. 18,
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR
13186 (March 6, 2020).
0
115. In Sec. 1983.105, revise paragraph (b) to read as follows:
Sec. 1983.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney's fees not exceeding $1,000 from the ALJ,
regardless of whether the respondent has filed objections, if the
respondent alleges that the complaint was frivolous or brought in bad
faith. The findings and, where appropriate, the preliminary order also
will give the address of the Chief Administrative Law Judge, U.S.
Department of Labor, or appropriate information regarding filing
objections electronically with the Office of Administrative Law Judges.
At the same time, the Assistant Secretary will file with the Chief
Administrative Law Judge a copy of the original complaint and a copy of
the findings and/or order.
* * * * *
0
116. In Sec. 1983.106, revise paragraph (a) to read as follows:
Sec. 1983.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a
[[Page 1854]]
respondent alleging that the complaint was frivolous or brought in bad
faith who seeks an award of attorney's fees under CPSIA, must file any
objections and/or a request for a hearing on the record within 30 days
of receipt of the findings and preliminary order pursuant to Sec.
1983.105. The objections, request for a hearing, and/or request for
attorney's fees must be in writing and state whether the objections are
to the findings, the preliminary order, and/or whether there should be
an award of attorney's fees. The date of the postmark, facsimile
transmittal, or electronic transmittal is considered the date of
filing; if the objection is filed in person, by hand-delivery or other
means, the objection is filed upon receipt. Objections must be filed
with the Chief Administrative Law Judge, U.S. Department of Labor, in
accordance with 29 CFR part 18, and copies of the objections must be
served at the same time on the other parties of record, the OSHA
official who issued the findings and order, the Assistant Secretary,
and the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor.
* * * * *
0
117. In Sec. 1983.107, revise paragraph (b) to read as follows:
Sec. 1983.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
118. In Sec. 1983.110, revise paragraph (c) to read as follows:
Sec. 1983.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
ruled upon or 14 days after a new decision is issued. The ARB's
decision will be served upon all parties and the Chief Administrative
Law Judge. The decision will also be served on the Assistant Secretary
and on the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor, even if the Assistant Secretary is not a party.
* * * * *
PART 1984--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER SECTION 1558 OF THE AFFORDABLE CARE ACT
0
119. The authority citation for part 1984 is revised to read as
follows:
Authority: 29 U.S.C. 218C; Secretary of Labor's Order 1-2012
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No.
01-2020, 85 FR 13186 (March 6, 2020).
0
120. In Sec. 1984.105, revise paragraph (b) as follows:
Sec. 1984.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney fees not exceeding $1,000 from the
administrative law judge (ALJ), regardless of whether the respondent
has filed objections, if respondent alleges that the complaint was
frivolous or brought in bad faith. The findings, and where appropriate,
the preliminary order, also will give the address of the Chief
Administrative Law Judge, U.S. Department of Labor, or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge a copy of the
original complaint and a copy of the findings and/or order.
* * * * *
0
121. In Sec. 1984.106, revise paragraph (a) to read as follows:
Sec. 1984.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under section 18C of the FLSA, must file any objections
and/or a request for a hearing on the record within 30 days of receipt
of the findings and preliminary order pursuant to Sec. 1984.105(b).
The objections, request for a hearing, and/or request for attorney fees
must be in writing and state whether the objections are to the findings
and/or the preliminary order, and/or whether there should be an award
of attorney fees. The date of the postmark, facsimile transmittal, or
electronic transmittal is considered the date of filing; if the
objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on the other parties of record, the OSHA official who issued
the findings and order, the Assistant Secretary, and the Associate
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.
* * * * *
0
122. In Sec. 1984.107, revise paragraph (b) to read as follows:
Sec. 1984.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
123. In Sec. 1984.110, revise paragraph (c) to read as follows:
Sec. 1984.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
ruled upon or 14 days after a new decision is issued. The ARB's
decision will be served upon all parties and the Chief Administrative
Law Judge. The decision will also be served on the Assistant Secretary,
and on the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor,
[[Page 1855]]
even if the Assistant Secretary is not a party.
* * * * *
PART 1985--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER THE
EMPLOYEE PROTECTION PROVISION OF THE CONSUMER FINANCIAL PROTECTION
ACT OF 2010
0
124. The authority citation for part 1985 is revised to read as
follows:
Authority: 12 U.S.C. 5567; Secretary of Labor's Order No. 1-2012
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No.
01-2020, 85 FR 13186 (March 6, 2020).
0
125. In Sec. 1985.105, revise paragraph (b) to read as follows:
Sec. 1985.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney fees not exceeding $1,000 from the ALJ,
regardless of whether the respondent has filed objections, if the
respondent alleges that the complaint was frivolous or brought in bad
faith. The findings and, where appropriate, the preliminary order also
will give the address of the Chief Administrative Law Judge, U.S.
Department of Labor, or appropriate information regarding filing
objections electronically with the Office of Administrative Law Judges.
At the same time, the Assistant Secretary will file with the Chief
Administrative Law Judge a copy of the original complaint and a copy of
the findings and/or order.
* * * * *
0
126. In Sec. 1985.106, revise paragraph (a) to read as follows:
Sec. 1985.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under CFPA, must file any objections and/or a request for
a hearing on the record within 30 days of receipt of the findings and
preliminary order pursuant to Sec. 1985.105. The objections, request
for a hearing, and/or request for attorney fees must be in writing and
state whether the objections are to the findings, the preliminary
order, and/or whether there should be an award of attorney fees. The
date of the postmark, facsimile transmittal, or electronic transmittal
is considered the date of filing; if the objection is filed in person,
by hand-delivery or other means, the objection is filed upon receipt.
Objections must be filed with the Chief Administrative Law Judge, U.S.
Department of Labor, in accordance with 29 CFR part 18, and copies of
the objections must be served at the same time on the other parties of
record, the OSHA official who issued the findings and order, the
Assistant Secretary, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
127. In Sec. 1985.107, revise paragraph (b) to read as follows:
Sec. 1985.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
128. In Sec. 1985.110, revise paragraph (c) to read as follows:
Sec. 1985.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
decision of the ALJ, unless a motion for reconsideration has been filed
with the ALJ in the interim. In such case, the conclusion of the
hearing is the date the motion for reconsideration is ruled upon or 14
days after a new decision is issued. The ARB's decision will be served
upon all parties and the Chief Administrative Law Judge. The decision
will also be served on the Assistant Secretary and on the Associate
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor,
even if the Assistant Secretary is not a party.
* * * * *
PART 1986--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN'S PROTECTION
ACT (SPA), AS AMENDED
0
129. The authority citation for part 1986 is revised to read as
follows:
Authority: 46 U.S.C. 2114; 49 U.S.C. 31105; Secretary's Order 1-
2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order
01-2020, 85 FR 13186 (March 6, 2020).
0
130. In Sec. 1986.105, revise paragraph (b) to read as follows:
Sec. 1986.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
the order and to request a hearing. The findings and, where
appropriate, the preliminary order also will give the address of the
Chief Administrative Law Judge, U.S. Department of Labor, or
appropriate information regarding filing objections electronically with
the Office of Administrative Law Judges. At the same time, the
Assistant Secretary will file with the Chief Administrative Law Judge a
copy of the original complaint and a copy of the findings and/or order.
* * * * *
0
131. In Sec. 1986.106, revise paragraph (a) to read as follows:
Sec. 1986.106 Objections to the findings and the preliminary order
and request for a hearing.
(a) Any party who desires review, including judicial review, must
file any objections and a request for a hearing on the record within 30
days of receipt of the findings and preliminary order pursuant to Sec.
1986.105(c). The objections and request for a hearing must be in
writing and state whether the objections are to the findings and/or the
preliminary order. The date of the postmark, facsimile transmittal, or
electronic transmittal is considered the date of filing; if the
objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on the other parties of record, and
[[Page 1856]]
the OSHA official who issued the findings.
* * * * *
0
132. In Sec. 1986.107, revise paragraph (b) to read as follows:
Sec. 1986.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
133. In Sec. 1986.110, revise paragraph (c) to read as follows:
Sec. 1986.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
ruled upon or 14 days after a new decision is issued. The ARB's
decision will be served upon all parties and the Chief Administrative
Law Judge. The decision also will be served on the Assistant Secretary
and on the Associate Solicitor, Division of Occupational Safety and
Health, U.S. Department of Labor, even if the Assistant Secretary is
not a party.
* * * * *
PART 1987--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER
SECTION 402 OF THE FDA FOOD SAFETY MODERNIZATION ACT
0
134. The authority citation for part 1987 is revised to read as
follows:
Authority: 21 U.S.C. 399d; Secretary of Labor's Order No. 1-2012
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No.
01-2020, 85 FR 13186 (March 6, 2020).
0
135. In Sec. 1987.105, revise paragraph (b) to read as follows:
Sec. 1987.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney fees not exceeding $1,000 from the
administrative law judge (ALJ), regardless of whether the respondent
has filed objections, if the respondent alleges that the complaint was
frivolous or brought in bad faith. The findings and, where appropriate,
the preliminary order also will give the address of the Chief
Administrative Law Judge, U.S. Department of Labor, or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge a copy of the
original complaint and a copy of the findings and/or order.
* * * * *
0
136. In Sec. 1987.106, revise paragraph (a) to read as follows:
Sec. 1987.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under FSMA, must file any objections and/or a request for
a hearing on the record within 30 days of receipt of the findings and
preliminary order pursuant to Sec. 1987.105. The objections, request
for a hearing, and/or request for attorney fees must be in writing and
state whether the objections are to the findings, the preliminary
order, and/or whether there should be an award of attorney fees. The
date of the postmark, facsimile transmittal, or electronic transmittal
is considered the date of filing; if the objection is filed in person,
by hand-delivery or other means, the objection is filed upon receipt.
Objections must be filed with the Chief Administrative Law Judge, U.S.
Department of Labor, in accordance with 29 CFR part 18, and copies of
the objections must be served at the same time on the other parties of
record, the OSHA official who issued the findings and order, the
Assistant Secretary, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
137. In Sec. 1987.107, revise paragraph (b) to read as follows:
Sec. 1987.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
138. In Sec. 1987.110, revise paragraph (c) to read as follows:
Sec. 1987.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case the conclusion
of the hearing is the date the motion for reconsideration is denied or
14 days after a new decision is issued. The ARB's decision will be
served upon all parties and the Chief Administrative Law Judge. The
decision will also be served on the Assistant Secretary and on the
Associate Solicitor, Division of Fair Labor Standards, U.S. Department
of Labor, even if the Assistant Secretary is not a party.
* * * * *
PART 1988--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER
SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY
ACT (MAP-21)
0
139. The authority citation for part 1988 is revised to read as
follows:
Authority: 49 U.S.C. 30171; Secretary of Labor's Order No. 1-
2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order
No. 01-2020, 85 FR 13186 (March 6, 2020).
0
140. In Sec. 1988.105, revise paragraph (b) to read as follows:
Sec. 1988.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the
[[Page 1857]]
parties of the right to object to the findings and/or order and to
request a hearing, and of the right of the respondent to request an
award of attorney fees not exceeding $1,000 from the ALJ, regardless of
whether the respondent has filed objections, if the respondent alleges
that the complaint was frivolous or brought in bad faith. The findings
and, where appropriate, the preliminary order also will give the
address of the Chief Administrative Law Judge, U.S. Department of
Labor, or appropriate information regarding filing objections
electronically with the Office of Administrative Law Judges. At the
same time, the Assistant Secretary will file with the Chief
Administrative Law Judge a copy of the original complaint and a copy of
the findings and/or order.
* * * * *
0
141. In Sec. 1988.106, revise paragraph (a) to read as follows:
Sec. 1988.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under MAP-21, must file any objections and/or a request
for a hearing on the record within 30 days of receipt of the findings
and preliminary order pursuant to Sec. 1988.105. The objections,
request for a hearing, and/or request for attorney fees must be in
writing and state whether the objections are to the findings, the
preliminary order, and/or whether there should be an award of attorney
fees. The date of the postmark, facsimile transmittal, or electronic
transmittal is considered the date of filing; if the objection is filed
in person, by hand-delivery or other means, the objection is filed upon
receipt. Objections must be filed with the Chief Administrative Law
Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and
copies of the objections must be served at the same time on the other
parties of record, the OSHA official who issued the findings and order,
the Assistant Secretary, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
142. In Sec. 1988.107, revise paragraph (b) to read as follows:
Sec. 1988.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
143. In Sec. 1988.110, revise paragraph (c) to read as follows:
Sec. 1988.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
decision of the ALJ, unless a motion for reconsideration has been filed
with the ALJ in the interim. In such case, the conclusion of the
hearing is the date the motion for reconsideration is ruled upon or 14
days after a new decision is issued. The ARB's decision will be served
upon all parties and the Chief Administrative Law Judge. The decision
will also be served on the Assistant Secretary and on the Associate
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor,
even if the Assistant Secretary is not a party.
* * * * *
Title 41: Public Contracts and Property Management
PART 60--30 RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO
ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246
0
144. The authority citation for part 60-30 continues to read as
follows:
Authority: Executive Order 11246, as amended, 30 FR 12319, 32 FR
14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended, and 38
U.S.C. 4212, as amended.
0
145. In Sec. 60-30.4, revise paragraphs (b) and (c) to read as
follows:
Sec. 60-30.4 Form, filing, service of pleadings and papers.
* * * * *
(b) Service. Service upon any party shall be made by the party
filing the pleading or document in accordance with 29 CFR part 26. When
a party is represented by an attorney, the service shall be upon the
attorney.
(c) Proof of service. A certificate of the person serving the
pleading or other document, setting forth the manner of service, shall
be proof of the service.
Signed on this 14th day of December, 2020, in Washington, DC.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020-28056 Filed 1-8-21; 8:45 am]
BILLING CODE 4510-HW-P