1834 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. 

* * * * * 

(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. 

* * * * * 

(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 

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. 

* * * * * 

(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. 

* * * * * 

(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. 

* * * * * 

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] 

BILLING CODE 4510–31–P 

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 


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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 http://

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 

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 

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 

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, 

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 

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; 

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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1838 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules 

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 


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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, 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, LaborManagement 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 

■ 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? 

* * * * * 

(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 

■ 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 

§ 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: 

§ 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. 

* * * * * 

■ 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 

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: 

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. 

■ 12. In § 667.800, revise paragraph (d) 

to read as follows: 

§ 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. 

* * * * * 

■ 13. In § 667.830, revise paragraph (b) 

to read as follows: 

§ 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 

■ 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: 

§ 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 


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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: 

§ 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 § 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: 

§ 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. 

(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 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. 

■ 22. Revise § 726.318 to read as 

follows: 

§ 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 

■ 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 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. 

(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: 

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 

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. 

* * * * * 

(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. 

* * * * * 

(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. 

■ 43. In § 22.39, revise paragraphs (a), 

(b)(3), (c), (f), and (h) through (l) to read 

as follows: 

§ 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 § 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. 

■ 44. In § 22.41, revise paragraph (a) to 

read as follows: 

§ 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 

■ 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: 

§ 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 

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 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). 

§ 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. 

(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: 

§ 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. 

■ 53. In § 29.13, revise paragraph (g) 

introductory text and paragraph (g)(3) to 

read as follows: 

§ 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) 

■ 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? 

* * * * * 

(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. 

(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, 

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: 

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). 

■ 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. 

PART 458—STANDARDS OF 

CONDUCT 

■ 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). 

■ 66. In § 458.88, revise paragraph (c) to 

read as follows: 

§ 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. 

■ 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: 

§ 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. 

* * * * * 

■ 70. In § 500.263, revise the section 

heading and introductory text to read as 

follows: 

§ 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: 

* * * * * 

■ 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). 

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: 

§ 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 

■ 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 

■ 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. 

■ 86. In § 580.8, revise paragraphs (a) 

and (c) to read as follows: 

§ 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. 

■ 87. In § 580.13, revise paragraphs (b) 

and (d) to read as follows: 

§ 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. 

■ 88. Revise § 580.16 to read as follows: 

§ 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 

■ 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: 

§ 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. 

* * * * * 

■ 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 

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. 

* * * * * 

(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: 

§ 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 

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: 

§ 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. 

* * * * * 

■ 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 

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. 

* * * * * 

(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. 

* * * * * 

■ 103. In § 1980.110, revise paragraph 

(c) to read as follows: 

§ 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 

■ 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: 

§ 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 § 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: 

§ 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. 

* * * * * 

(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: 

§ 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 

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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1854 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. 

* * * * * 

(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 

■ 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 

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, 


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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: 

§ 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 

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. 

* * * * * 

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 


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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: 

§ 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. 

* * * * * 

■ 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: 

§ 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 


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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: 

§ 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 

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: 

§ 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 

■ 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. 

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 

Rules of Practice and Procedure 

AGENCY: Benefits Review Board, 

Department of Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: 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 http://

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 http://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 


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