[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1978.105]

[Page 200]
 
                             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. 1978.105  Objections to the findings and the preliminary order.

    (a) Basic procedures. Within thirty days of receipt of the findings 
or preliminary order the named person or the complainant, or both, may 
file objections to the findings or preliminary order providing relief or 
both and request a hearing on the record. The objection and request 
shall be in writing and shall state whether the objection is to the 
findings or the preliminary order or both. Such objection shall also be 
considered a request for a hearing. The date of the postmark shall be 
considered to be the date of filing. Objections shall be filed with the 
Chief Administrative Law Judge, U.S. Department of Labor, Washington, DC 
and copies of the objections shall be mailed at the same time to the 
other parties of record, including the Assistant Secretary's designee 
who issued the findings and order.
    (b) Effective date of findings and preliminary order and failure to 
object. (1) The findings and the preliminary order shall be effective 
thirty days after the named person's receipt thereof, or on the 
compliance date set forth in the preliminary order, whichever is later, 
unless an objection to the findings or preliminary order has been timely 
filed. However, the portion of any preliminary order requiring 
reinstatement shall be effective immediately upon the named person's 
receipt of the findings and preliminary order, regardless of any 
objections thereto.
    (2) If no timely objection is filed with respect to either the 
findings or the preliminary order, such findings or preliminary order, 
as the case may be, shall become final and not subject to judicial 
review.

                               Litigation