[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: 29CFR1978.106]

[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. 1978.106  Scope of rules; applicability of other rules; notice of 
hearing.

    (a) Except as otherwise noted, hearings shall be conducted in 
accordance with the Rules of Practice and Procedure for Administrative 
Hearings Before the Office of Administrative Law Judges promulgated at 
29 CFR part 18, 48 FR 32538 (July 15, 1983), amended at 49 FR 2739 
January 20, 1984. Hearings shall be conducted as hearings de novo.
    (b) Upon receipt of an objection, the Chief Administrative Law Judge 
shall immediately assign the case to a judge who shall, within seven 
days following the receipt of the objection, notify the parties, by 
certified mail, of the day, time, and place of hearing. The hearing 
shall commence within 30 days of the filing of the objection, except 
upon a showing of good cause or unless otherwise agreed to by the 
parties.
    (c) If both complainant and the named person object to the findings 
and/or order, the objections shall be consolidated and a single hearing 
shall be conducted. If the objections are not received simultaneously, 
the hearing shall commence within 30 days of the receipt of the later 
objection.
    (d) At the time the hearing order issues, the judge may order the 
prosecuting party to file a prehearing statement of position, which 
shall briefly set forth the issues involved in the proceeding and the 
remedy requested. Such prehearing statement shall be filed within three 
days of the receipt of the hearing order and shall be served on all 
parties by certified mail. Thereafter, within three days of receipt of 
the prosecuting party's prehearing statement, the other parties to the 
proceeding shall file prehearing statements of position.