[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1978.107]

[Page 207]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1978--RULES FOR IMPLEMENTING SECTION 405 OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA)--Table of Contents
 
                      Subpart B--Rules of Procedure
 
Sec. 1978.107  Parties.

    (a) In any case in which only the named person objects to the 
findings or the preliminary order the Assistant Secretary ordinarily 
shall be the prosecuting party. In such a case the complainant shall 
also be a party and may engage in discovery, present evidence or 
otherwise act as a party. The named person shall be the party-
respondent. If, at any time after the named person files objections, the 
Assistant Secretary and complainant agree, the complainant may present 
the case to the judge. Under such circumstances the case will be handled 
as if it had arisen under paragraph (b) of this section.
    (b) In any case in which only the complainant objects to findings 
that the complaint lacks merit, to the preliminary order, or to both, 
the complainant shall be the prosecuting party. The Assistant Secretary 
may as of right intervene as a party at any time in proceedings under 
this paragraph. The named person shall be the party-respondent.
    (c) In any case in which both the complainant and the named person 
object to the preliminary order the Assistant Secretary shall be the 
prosecuting party. The complainant and the named person shall be the 
party-respondents. In any such case, if the named person also objected 
to the findings the Assistant Secretary, complainant, and named party 
shall each have the party status, rights, and responsibilities set forth 
in paragraph (a) of this section with respect to the findings.