[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: 29CFR2204.104]

[Page 302]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2204_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS 
 
                      Subpart A_General Provisions
 
Sec. 2204.104  Proceedings covered.

    The EAJA applies to adversary adjudications before the Commission. 
These are adjudications under 5 U.S.C. 554 and 29 U.S.C. 659(c) in which 
the position of the Secretary is represented by an attorney or other 
representative. The types of proceedings covered are the following 
proceedings under section 10(c), 29 U.S.C. 659(c), of the OSH Act:
    (a) Contests of citations, notifications, penalties, or abatement 
periods by an employer;
    (b) Contests of abatement periods by an affected employee or 
authorized employee representative; and
    (c) Petitions for modification of the abatement periods by an 
employer.