[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: 29CFR2200.1] [Page 253-256] TITLE 29--LABOR CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION PART 2200_RULES OF PROCEDURE--Table of Contents Subpart A_General Provisions Sec. 2200.1 Definitions. -------------------------------------------------------------------- Part Page 2200 Rules of procedure.......................... 255 2201 Regulations implementing the Freedom of Information Act......................... 290 2202 [Reserved] 2203 Regulations implementing the Government in the Sunshine Act........................ 297 2204 Implementation of the Equal Access to Justice Act in proceedings before the Occupational Safety and Health Review Commission.............................. 301 2205 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Occupational Safety and Health Review Commission..... 307 2400 Regulations implementing the Privacy Act.... 313 [[Page 255]] Subpart A_General Provisions Sec. 2200.1 Definitions. 2200.2 Scope of rules; applicability of Federal Rules of Civil Procedure; construction. 2200.3 Use of gender and number. 2200.4 Computation of time. 2200.5 Extension of time. 2200.6 Record address. 2200.7 Service and notice. 2200.8 Filing. 2200.9 Consolidation. 2200.10 Severance. 2200.11 Protection of claims of privilege. 2200.12 References to cases. Subpart B_Parties and Representatives 2200.20 Party status. 2200.21 Intervention; appearance by non-parties. 2200.22 Representation of parties and intervenors. 2200.23 Appearances and withdrawals. 2200.24 Brief of an amicus curiae. Subpart C_Pleadings and Motions 2200.30 General rules. 2200.31 Caption; titles of cases. 2200.32 Signing of pleadings and motions. 2200.33 Notices of contest. 2200.34 Employer contests. 2200.35 Disclosure of corporate parents, subsidiaries, and affiliates. 2200.36 [Reserved] 2200.37 Petitions for modification of the abatement period. 2200.38 Employee contests. 2200.39 Statement of position. 2200.40 Motions and requests. 2200.41 Failure to obey rules. Subpart D_Prehearing Procedures and Discovery 2200.50 [Reserved] 2200.51 Prehearing conferences and orders. 2200.52 General provisions governing discovery. 2200.53 Production of documents and things. 2200.54 Requests for admissions. 2200.55 Interrogatories. 2200.56 Depositions. 2200.57 Issuance of subpoenas; petitions to revoke or modify subpoenas; right to inspect or copy data. Subpart E_Hearings 2200.60 Notice of hearing; location. 2200.61 Submission without hearing. 2200.62 Postponement of hearing. 2200.63 Stay of proceedings. 2200.64 Failure to appear. 2200.65 Payment of witness fees and mileage; fees of persons taking depositions. 2200.66 Transcript of testimony. 2200.67 Duties and powers of judges. 2200.68 Disqualification of the judge. 2200.69 Examination of witnesses. 2200.70 Exhibits. 2200.71 Rules of evidence. 2200.72 Objections. 2200.73 Interlocutory review. 2200.74 Filing of briefs and proposed findings with the Judge; oral argument at the hearing. Subpart F_Posthearing Procedures 2200.90 Decisions of Judges. 2200.91 Discretionary review; petitions for discretionary review; statements in opposition to petitions. 2200.92 Review by the Commission. 2200.93 Briefs before the Commission. 2200.94 Stay of final order. 2200.95 Oral argument before the Commission. 2200.96 Commission receipt pursuant to 28 U.S.C. 2112(a)(1) of copies of petitions for judicial review of Commission orders when petitions for review are filed in two or more courts of appeals with respect to the same order. Subpart G_Miscellaneous Provisions 2200.100 Settlement. 2200.101 Settlement Judge procedure. 2200.102 Withdrawal. 2200.103 Expedited proceeding. 2200.104 Standards of conduct. 2200.105 Ex parte communication. 2200.106 Amendment to rules. 2200.107 Special circumstances; waiver of rules. 2200.108 Official Seal of the Occupational Safety and Health Review Commission. Subpart H_Settlement Part 2200.120 Settlement part. Subparts I-L [Reserved] Subpart M_E-Z Trial 2200.200 Purpose. 2200.201 Application. 2200.202 Eligibility for E-Z Trial. 2200.203 Commencing E-Z Trial. 2200.204 Discontinuance of E-Z Trial. 2200.205 Filing of pleadings. 2200.206 Disclosure of information. 2200.207 Pre-hearing conference. 2200.208 Discovery. 2200.209 Hearing. 2200.210 Review of Judge's decision. [[Page 256]] 2200.211 Applicability of subparts A through G. Authority: 29 U.S.C. 661(g), unless otherwise noted. Section 2200.96 is also issued under 28 U.S.C. 2112(a). Source: 51 FR 32015, Sept. 8, 1986, unless otherwise noted. As used herein: (a) Act means the Occupational Safety and Health Act of 1970, 29 U.S.C. 651-678. (b) Commission, person, employer, and employee have the meanings set forth in section 3 of the Act. (c) Secretary means the Secretary of Labor or his duly authorized representative. (d) Executive Secretary means the Executive Secretary of the Commission. (e) Affected employee means an employee of a cited employer who is exposed to or has access to the hazard arising out of the allegedly violative circumstances, conditions, practices or operations. (f) Judge means an Administrative Law Judge appointed by the Chairman of the Commission pursuant to section 12(j) of the Act, 29 U.S.C. 661(j), as amended by Pub. L. 95-251, 92 Stat. 183, 184 (1978). (g) Authorized employee representative means a labor organization that has a collective bargaining relationship with the cited employer and that represents affected employees. (h) Representative means any person, including an authorized employee representative, authorized by a party or intervenor to represent him in a proceeding. (i) Citation means a written communication issued by the Secretary to an employer pursuant to 9(a) of the Act. (j) Notification of proposed penalty means a written communication issued by the Secretary to an employer pursuant to 10 (a) or (b) of the Act. (k) Day means a calendar day. (l) Working day means all days except Saturdays, Sundays, or Federal holidays. (m) Proceeding means any proceeding before the Commission or before a Judge. (n) Pleadings are complaints and answers filed under Sec. 2200.34, statements of reasons and contestants' responses filed under Sec. 2200.38, and petitions for modification of abatement and objecting parties' responses filed under Sec. 2200.37. A motion is not a pleading within the meaning of these rules.