[Code of Federal Regulations] [Title 29, Volume 5] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1905.51] [Page 76] TITLE 29--LABOR CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR PART 1905_RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, Subpart E_Effect of Initial Decisions Sec. 1905.51 Finality for purposes of judicial review. Only a decision by the Assistant Secretary shall be deemed final agency action for purposes of judicial review. A decision by a hearing examiner which becomes final for lack of appeal is not deemed final agency action for purposes of 5 U.S.C. 704. PART 1906_ADMINISTRATION WITNESSES AND DOCUMENTS IN PRIVATE LITIGATION [RESERVED]