[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1978.104]

[Page 199]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1978_RULES FOR IMPLEMENTING SECTION 405 OF THE SURFACE 
TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA)--Table of Contents
 
                      Subpart B_Rules of Procedure
 
Sec. 1978.104  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within sixty days 
of the filing of the complaint, written findings as to whether there is 
reasonable cause to believe that the named person or others have 
discriminated against the complainant in violation of section 405 (a) or 
(b). If the Assistant Secretary concludes that there is reasonable cause 
to believe that a violation has occurred, he shall accompany his 
findings with a preliminary order providing the relief prescribed in 
section 405(c)(2)(B). Such order will include, where appropriate, a 
requirement that the named person abate the violation; reinstatement of 
the complainant to his or her former position, together with the 
compensation (including back pay), terms, conditions and privileges of 
the complainant's employment; and payment of compensatory damages. At 
the complainant's request the order may also assess against the named 
party the complainant's costs and expenses (including attorney's fees) 
reasonably incurred in filing the complaint.
    (b) The findings and the preliminary order shall be sent by 
certified mail, return receipt requested, to all parties of record. The 
letter accompanying the findings and order shall inform the parties of 
the right to object to the findings and/or the order and shall give the 
address of the Chief Administrative Law Judge. At the same time, the 
Assistant Secretary shall file with the Chief Administrative Law Judge, 
U.S. Department of Labor, the original complaint and a copy of the 
findings and/or order.
    (c) Upon the issuance of findings that there is reasonable cause to 
believe that a violation has occurred, any pending section 11(c) 
complaint will be suspended until the section 405 proceeding is 
completed. When the section 405 proceeding is completed the Assistant 
Secretary will determine what action, if any, is appropriate on the 
section 11(c) complaint. If the Assistant Secretary's findings indicate 
that a violation has occurred, the Assistant Secretary shall make a 
separate determination as to whether section 11(c) has been violated.