Title 29--LABOR
Chapter XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


1970, 29 U.S.C. 651-678. (b) Commission, person, employer, and employee have the meanings set forth in section 3 of the Act. (c) Secretary means the Secretary of...


shall govern all proceedings before the Commission and its Judges. (b) Applicability of Federal Rules of Civil Procedure. In the absence of a specific provision,...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2200.3] [Page 250] TITLE 29--LABOR CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION PART 2200--RULES OF PROCEDURE--Table of Contents Subpart A--General Provisions Sec. 2200.3 Use of gender and number. (a) Number. Words importing the singular number may extend and be applied to the plural and vice versa. (b) Gender. Words importing the masculine gender may be applied to the feminine gender. ...


these rules, the day from which the designated period begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday,...


enlarge any time prescribed by these rules or prescribed by an order. All such motions shall be in writing but, in exigent circumstances in a case pending before a Judge, an...


name, current address and telephone number of his representative or, if he has no representative, his own name, current address and telephone number. Any change in such...


a copy thereof shall be served by the filing party or intervenor on every other party or intervenor. Every paper relating to discovery required to be served on a...


those papers associated with part of a discovery request under Rules 52 through 56, shall be filed either before service or within a reasonable time thereafter. (b) Where...


on the Commission's own motion, where there exist common parties, common questions of law or fact or in such other circumstances as justice or the administration of the...


good cause has been made by the party or intervenor, the Commission or the Judge may order any proceeding severed with respect to some or all claims or parties. [57...


asserted. It applies to privileged information, [[Page 254]] such as trade secrets and other matter protected by 18 U.S.C. 1905, and other information...


decisions by the Commission should include in the citation the name of the employer, a citation to either the Bureau of National Affairs' Occupational Safety and Health...


elect party status concerning any matter in which the Act confers a right to participate. The election shall be accomplished by filing a written notice of election...


be filed at any time prior to ten days before commencement of the hearing. A petition filed less than ten days prior to the commencement of the hearing will be denied...


in person, through an attorney, or through another representative who is not an attorney. A representative must file an appearance in accordance with Sec. 2200.23. In...


or intervenor shall enter an appearance by signing the first document filed on behalf of the party or intervenor in accordance with paragraph (a)(2) of this section,...


or Commission. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons...


typewritten, double spaced, on letter size opaque paper (approximately 8\1/2\ inches by 11 inches). All margins shall be approximately 1\1/2\ inches. Pleadings and other...


be titled: Secretary of Labor, Complainant, ...


by the party's representative. The signature of a representative constitutes a representation by him that he is authorized to represent the party or parties on whose behalf...


employer intends to contest a citation or proposed penalty under section 10(a) of the Act, 29 U.S.C. 659(a); or (b) Notification that the employer wishes to contest a notice of...


later than 20 days after receipt of the notice of contest. (2) The complaint shall set forth all alleged violations and proposed penalties which are contested, stating...


modification of abatement period, or other initial pleadings filed under these rules by a corporation shall be accompanied by a separate declaration listing all...


An employer may file a petition for modification of abatement date when such employer has made a good faith effort to comply with the abatement requirements of a citation,...


representative files a notice of contest with respect to the abatement period, the Secretary shall, within 10 days from his receipt of the notice of contest, file...


person entitled to appear as a party, or any person who has been granted leave to intervene, may file a statement of position with respect to any or all issues to be heard....


shall be in writing or, unless the Judge directs otherwise, may be made orally during a hearing on the record and shall be included in the transcript. In exigent...


provided by these rules or as required by the Commission or Judge, he may be declared to be in default either: (1) On the initiative of the Commission or Judge, after...


all attorneys and any unrepresented parties, by a scheduling conference, telephone, mail, or other suitable means, and within 30 days after the filing of the answer, enter...


conformity with these rules, any party may, without leave of the Commission or Judge, obtain discovery by one or more of the following methods: (i) Production of documents...


responsive pleading or motion that delays the filing of an answer, such as a motion to dismiss, any party may serve on any other party a request to: (1) Produce and...


or motion that delays the filing of an answer, such as a motion to dismiss, any party may serve upon any other party written requests for admissions, for purposes of...


or motion that delays the filing of an answer, such as a motion to dismiss, any party may serve interrogatories upon any other party. The number of interrogatories...


allowed only by agreement of all the parties, or on order of the Commission or Judge following the filing of a motion of a party stating good and just reasons. All...


(a) Issuance of subpoenas. On behalf of the Commission or any member thereof, the Judge shall, on the application of any party, issue to the applying party subpoenas...


Sec. 2200.103, notice of the time, place, and nature of the first setting of a hearing shall be given to the parties and intervenors at least thirty days in advance of...


Judge for a decision at any time. The stipulation of facts shall be in writing and signed by the parties or their representatives. The submission of a case under this...


initiative or for good cause shown upon the motion of a party. A motion for postponement shall state the position of the other parties, either by a joint motion or by...


assigned to a Judge shall file a motion for stay with the Judge and send a copy to the Chief Administrative Law Judge. A motion for a stay shall state the position of the...


result in a decision against that party. (b) Requests for reinstatement. Requests for reinstatement mustebe made, in the absence of extraordinary circumstances, within five...


Commission or the Judge shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the...


testimony taken at the hearing, duly certified by the reporter, shall be filed with the Judge before whom the matter was heard. (b) Payment for transcript....


assure that the facts are fully elicited, to adjudicate all issues and avoid delay. The Judge shall have authority with respect to cases assigned to him, between the time...


he deems himself disqualified. (b) Request for withdrawal. Any party may request the Judge, at any time following his designation and before the filing of...


have the right to cross-examine any witness whose testimony is introduced by an adverse party. All parties shall have the right to cross-examine any witness called by the...


identification before or during the hearing. Exhibits shall be marked with the case docket number, with a designation identifying the party or intervenor offering the exhibit,...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2200.71] [Page 270] TITLE 29--LABOR CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION PART 2200--RULES OF PROCEDURE--Table of Contents Subpart E--Hearings Sec. 2200.71 Rules of evidence. The Federal Rules of Evidence are applicable. ...


including any objection to the introduction of evidence or a ruling by the Judge, may be stated orally or in [[Page 271]] writing, accompanied by a short statement...


the Commission. A petition for interlocutory review may be granted only where the petition asserts and the Commission finds: (1) That the review involves an important question...


party is entitled to a reasonable period at the close of the hearing for oral argument, which shall be included in the stenographic report of the hearing. Any party shall...


final disposition of the proceedings. The decision shall be in writing and shall include findings of fact, conclusions of law, and the reasons or bases for them, on all...


(a) Review discretionary. Review by the Commission is not a right. A Commissioner may, as a matter of discretion, direct review on his own motion or on the petition of...


Commission orders otherwise, a direction for review establishes jurisdiction in the Commission to review the entire case. The issues to be decided on review are within...


parties to file briefs on issues before the Commission. After briefs are requested, a party may, instead of filing a brief, file a letter setting forth its arguments, a...


while the matter is within the jurisdiction of the Commission, file a motion for a stay. (b) Contents of motion. Such motion shall set forth the reasons a stay...


its own motion, the Commission may order oral argument. Normally, motions for oral argument shall not be considered until after all briefs have been filed. (2)...


when petitions for review are filed in two or more courts of appeals with respect to the same order. The Commission officer and...


any stage of the proceedings. (b) Requirements. The Commission does not require that the parties include any particular language in a settlement agreement, but...


to notices of contests by employers and to applications for fees under the Equal Access to Justice Act and 29 CFR part 2204. (2) Upon motion of any party following...


penalty, or petition for modification of abatement period at any stage of a proceeding. The notice of withdrawal shall be served in accordance with Sec. 2200.7(c) upon all...


upon its own motion, the Commission may order an expedited proceeding. When an expedited proceeding is ordered by the Commission, the Executive Secretary shall notify all...


its Judges shall comply with the letter and spirit of the Model Rules of Professional Conduct of the American Bar Association. (b) Misbehavior before a Judge--(1) Exclusion...


by law, there shall be no ex parte communication with respect to the merits of any case not concluded, between any Commissioner, Judge, employee, or agent of...


upon written suggestion of any interested person setting forth reasonable grounds therefor, amend or revoke any [[Page 280]] of the rules contained herein....


provisions of these rules and for good cause shown, the Commission or Judge may, upon application by any party or intervenor or on their own motion, after 3 working days notice...


shall consist of: A gold eagle outspread, head facing dexter, a shield with 13 vertical stripes superimposed on its breast, holding an olive branch in its claws, the...


(a) Applicability. This section applies only to notices of contest by employers in which the aggregate amount of the penalties sought by the Secretary is $200,000 or greater...


of the E-Z Trial subpart is to provide simplified procedures for resolving contests under the Occupational Safety and Health Act of 1970, so that parties before the Commission...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2200.201] [Page 282] TITLE 29--LABOR CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION PART 2200--RULES OF PROCEDURE--Table of Contents Subpart M--E-Z Trial Sec. 2200.201 Application. The rules in this subpart will govern proceedings before a Judge in a case chosen for E-Z Trial under Sec. 2200.203. [60 FR 41809, Aug. 14, 1995, as amended at 62 FR 14822, Mar. 28, 1997; 62 FR 40934, July 31, 1997] ...


issues of law or fact. Cases appropriate for E-Z Trial would generally include those with one or more of the following characteristics: (1) Relatively...


Judge may, at his or her discretion, assign an appropriate case for E-Z Trial. (b) Party request. Within twenty days of the notice of docketing, any party may...


for E-Z Trial, the Judge assigned to the case may, upon motion by any party or upon the Judge's own motion, discontinue E-Z Trial and order the case to continue...


and answer requirements are suspended. If the Secretary has filed a complaint under Sec. 2200.34(a), a response to a petition under Sec. 2200.37(d)(5), or a response to...


designated for E-Z Trial, the Secretary shall provide the employer, free of charge, copies of the narrative (Form OSHA 1-A) and the worksheet (Form OSHA 1-B), or...


documents set forth in Sec. 2200.206(a)(1), the presiding Judge will order and conduct a pre-hearing conference. At the discretion of the Judge, the pre-hearing conference may...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2200.208] [Page 283-284] TITLE 29--LABOR CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION PART 2200--RULES OF PROCEDURE--Table of Contents Subpart M--E-Z Trial Sec. 2200.208 Discovery. Discovery, including requests for admissions, will only be allowed under [[Page 284]] the conditions and time limits set by the Judge. ...


Judge will hold a hearing on any issue that remains in dispute. The hearing will be in accordance with subpart E of these rules, except for Sec. 2200.60, 2200.73, and...


provided in Sec. 2200.91. After the issuance of the Judge's written decision or order, the parties may pursue the case following the rules in...


2200.34, 2200.37(d)(5), 2200.38, 2200.71, 2200.73 and 2200.74 will not apply to E-Z Trials. All other rules contained in Subparts A through G of the Commission's rules...


Review Commission under the Freedom of Information Act, 5 U.S.C. 552. It applies only to records or information of the Commission or in the Commission's custody. This part...


actions under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651-678. The Commission decides cases after the parties are given an opportunity for...


public records. In the absence of the Freedom of Information Act Officer, the Chairman or the Executive Director may designate another Commission officer or employee, such as...


5 U.S.C. 553(b) or published in the Federal Register under 5 U.S.C. 552(a)(1), all records of the Commission or in its custody are available to any person who...


Judge may be obtained free of copying fees by calling, writing or visiting the Freedom of Information Act Officer at the Commission's national office. A search fee may...


rules of procedure, published material other than decisions and their indices, information concerning the date, time and place of hearings, and other information of a...


will either grant or deny a request for records within 20 working days after receiving the request. (b) Extensions of response time in unusual circumstances. In...


of Information Act Officer shall charge the fees in paragraph (b) of this section unless the fees for a request are less than $10, in which case no fees shall be charged....


2201.8(b) if two conditions are satisfied: Disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding...


number of determinations made by the agency not to comply with the requests for records made to the agency and the reasons for those determinations; (2) The number of...


purpose is to implement the Government in the Sunshine Act, 5 U.S.C. 552b. The rules in this part are intended to open to public observation, to the extent practicable, the meetings...


5 U.S.C. 552b(d)(4) for announcing and closing certain agency meetings. General Counsel means the General Counsel of the Commission, the Deputy General Counsel,...


business in a meeting unless it is conducted in accordance with this part. Because the Commission was created for the purpose of adjudicating litigated cases, it can...


Government in the Sunshine Act provides, at 5 U.S.C. 552b(d)(4), that qualified agencies may establish by regulation expedited procedures for announcing and closing...


made of every meeting that is not a regularly-scheduled meeting. This announcemet will state the time, place, and subject of the meeting, whether it is to be open or closed, and...


will be asked to certify before the meeting that in his opinion the meeting may properly be closed to the public, and to state which exemptions he has relied upon. A copy...


or electronic recording adequate to record fully the proceedings of each meeting, or portion of a meeting, closed to the public. However, if all or part of a meeting...


Purpose of these rules. The Equal Access to Justice Act, 5 U.S.C. 504, provides for the award of attorney or agent fees and other expenses to eligible individuals...


Definitions. For the purposes of this part, (a) The term agent means any person other than an attorney who represents a party in a proceeding before the...


When the EAJA applies. The EAJA applies to adversary adjudications before the Commission pending or commenced on or after August 5, 1985. The EAJA also applies to...


Proceedings covered. The EAJA applies to adversary adjudications before the Commission. These are adjudications under 5 U.S.C. 554 and 29 U.S.C. 659(c) in which the...


Eligibility of applicants. (a) To be eligible for an award of attorney or agent fees and other expenses under the EAJA, the applicant must be a party to the...


Standards for awards. (a) A prevailing applicant may receive an award for fees and expenses in connection with a proceeding, or in a discrete substantive portion of...


Allowable fees and expenses. (a) Awards shall be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents and...


Delegation of authority. The Commission delegates to each judge authority to entertain and, subject to Sec. 2204.309, take final action on applications for an award of...


Contents of application. (a) An application for an award of fees and expenses under the EAJA shall identify the applicant and the proceeding for which an award...


Net worth exhibit. (a) Each applicant except a qualified tax-exempt organization or cooperative association shall provide with its application a...


Documentation of fees and expenses. The application shall be accompanied by full documentation of the fees and expenses, including the cost of any study,...


Filing and service of documents. An EAJA application is deemed to be filed only when received by the Commission. In all other respects, an application for an...


When an application may be filed. (a) An application may be filed whenever an applicant has prevailed in a proceeding or in a discrete substantive portion of...


Answer to application. (a) Within 30 days after service of an application, the Secretary shall file an answer to the application. (b) If the Secretary and...


Reply. Within 15 days after service of an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of...


Comments by other parties. Any party to a proceeding other than the applicant and the Secretary may file comments on an application within 30 days after it is served...


Settlement. The applicant and the Secretary may agree on a proposed settlement of the award before final action on the application, either in connection with...


Further proceedings. (a)(1) The determination of an award shall be made on the basis of the record made during the proceeding for which fees and expenses...


Decision. The preparation and issuance of decision shall be in accordance with Sec. 2200.90. Additionally, the judge's decision shall include written...


Commission review. Commission review shall be in accordance with Secs. 2200.91 and 2200.92. The applicant, the Secretary, or both may seek review of the...


Waiver. After reasonable notice to the parties, the Commission may waive, for good cause shown, any provision contained in this part as long as the waiver...


Payment of award. An applicant seeking payment of an award shall submit to the officer designated by the Secretary a copy of the Commission's final...


119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2205.102] [Page 301] TITLE 29--LABOR CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION PART 2205--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION--Table of Contents Sec. 2205.102 Application. This part applies to all programs or activities conducted by the agency. ...


of this part, the term-- [[Page 302]] Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department...


agency shall, by August 24, 1987, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to the...


available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability...


(a) No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be...


person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions,...


Except as otherwise provided in Sec. 2205.150, no qualified handicapped person shall, because the agency's facilities are inaccessible to or unusable...


(a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible...


alterations. Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed,...


shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. (1)...


(a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs or activities conducted by...


552a). The following provisions are applicable only to such items of information as relate to the agency or are within its custody. The Commission's custody encompasses...


Occupational Safety and Health Act of 1970 (29 U.S.C. 651-677). Decisions of the Commission on such actions are issued only after the parties to the case are afforded...


responsible for adherence to this part within their respective units and in particular for their collection, use and disclosure of personal information, and for affording...


operations: (1) The OSHRC shall: (i) Solicit, collect and maintain only such personal information as is relevant and necessary to accomplish a purpose required...


types of personal records systems maintained by OSHRC. (1) Upon written request, OSHRC shall notify any individual whether a specific system named by him contains a...


personal information within a comprehensive format. (a) Submission of requests for access--(1) Manner. An individual seeking information regarding the contents of...


individual may submit a request to amend such record. This request shall be submitted in writing to the Executive Director and shall include a statement of the amendment...


concerned individuals. (b) Reproduction. (1) For reproducing any paper or micrographic record or publication, the fee is $.10 per page. No charge shall be made if...


criteria from various other subsections of section 552a. With respect to systems of records so exempted, nothing in this part shall require compliance with any...




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