[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: 29CFR1978.109]

[Page 201-202]
 
                             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. 1978.109  Decision and orders.

    (a) Administrative Law Judge decisions. The administrative law judge 
shall issue a decision within 30 days after the close of the record. The 
close of the record shall occur no later than 30 days after the filing 
of the objection, except upon a showing of good cause or unless 
otherwise agreed to by the parties. For the purposes of the statute the 
issuance of the judge's decision shall be deemed the conclusion of the 
hearing. The decision shall contain appropriate findings, conclusions, 
and an order pertaining to the remedy which, among other things, may 
provide for reinstatement of a discharged employee and also may include 
an award of the complainant's costs and expenses (including attorney's 
fees) reasonably incurred in bringing and litigating the case, if the 
complainant's position has prevailed. The decision shall be forwarded 
immediately, together with the record, to the Secretary for review by 
the Secretary or his or her designee. The decision shall be served upon 
all parties to the proceeding.
    (b) The administrative law judge's decision and order concerning 
whether the reinstatement of a discharged employee is appropriate shall 
be effective immediately upon receipt of the decision by the named 
person. All other portions of the judge's order are stayed pending 
review by the Secretary.
    (c) Final order. (1) Within 120 days after issuance of the 
administrative law judge's decision and order, the Administrative Review 
Board, United States Department of Labor, shall issue a final decision 
and order based on the record and the decision and order of the 
administrative law judge.
    (2) The parties may file with the Administrative Review Board, 
United States Department of Labor, briefs in support of or in opposition 
to the administrative law judge's decision and order within thirty days 
of the issuance of that decision unless the Administrative Review Board, 
United States Department of Labor, upon notice to the parties, 
establishes a different briefing schedule.

[[Page 202]]

    (3) The findings of the administrative law judge with respect to 
questions of fact, if supported by substantial evidence on the record 
considered as a whole, shall be considered conclusive.
    (4) Where the Administrative Review Board, United States Department 
of Labor, determines that the named party has not violated the law, the 
final order shall deny the complaint.
    (5) The final decision and order of the Administrative Review Board, 
United States Department of Labor, shall be served upon all parties to 
the proceeding.

[53 FR 47681, Nov. 25, 1988, as amended at 61 FR 19986, May 3, 1996]