[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: 29CFR1980.106]

[Page 215]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1980_PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER 
 
                          Subpart B_Litigation
 
Sec. 1980.106  Objections to the findings and the preliminary order and 
request for a hearing.


    (a) Any party who desires review, including judicial review, of the 
findings and preliminary order, or a named person alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorneys' fees, must file any objections and a request for a hearing on 
the record within 30 days of receipt of the findings and preliminary 
order pursuant to Sec. 1980.105(b). The objection or request for 
attorneys' fees and request for a hearing must be in writing and state 
whether the objection is to the findings, the preliminary order, and/or 
whether there should be an award of attorneys' fees. The date of the 
postmark, facsimile transmittal, or e-mail communication will be 
considered to be the date of filing; if the objection is filed in 
person, by hand-delivery or other means, the objection is filed upon 
receipt. Objections must be filed with the Chief Administrative Law 
Judge, U.S. Department of Labor, Washington, DC 20001, and copies of the 
objections must be mailed at the same time to the other parties of 
record, the OSHA official who issued the findings and order, and the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, Washington, DC 20210.
    (b)(1) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement. The portion of the preliminary order 
requiring reinstatement will be effective immediately upon the named 
person's receipt of the findings and preliminary order, regardless of 
any objections to the order.
    (2) If no timely objection is filed with respect to either the 
findings or the preliminary order, the findings or preliminary order, as 
the case may be, will become the final decision of the Secretary, not 
subject to judicial review.