[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR801.70]

[Page 789]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 801_APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
--Table of Contents
 
                  Subpart F_Administrative Proceedings
 
Sec. 801.70  Implementation by the Secretary.

    (a) Review of the Decision and Order by the Secretary shall not be a 
matter of right but of the sound discretion of the Secretary. At any 
time within 30 days after the issuance of the Decision and Order of the 
Administrative Law Judge the Secretary may, upon the Secretary's own 
motion or upon the acceptance of a party's petition, issue a Notice of 
Intent to modify or vacate the Decision and Order in question.
    (b) The Notice of Intent to Modify or Vacate a Decision and Order 
shall specify the issue or issues to be considered, the form in which 
submission shall be made (i.e., briefs, oral argument, etc.), and the 
time within which such presentation shall be submitted. The Secretary 
shall closely limit the time within which the briefs must be filed or 
oral presentations made, so as to avoid unreasonable delay.
    (c) The Notice of Intent shall be issued within thirty (30) days 
after the date of the Decision and Order in question.
    (d) Service of the Notice of Intent shall be made upon each party to 
the proceeding, and upon the Chief Administrative Law Judge, in person 
or by certified mail.