[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: 29CFR2204.302]

[Page 313]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2204_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 
 
            Subpart C_Procedures for Considering Applications
 
Sec. 2204.302  When an application may be filed.

    (a) An application may be filed whenever an applicant has prevailed 
in a proceeding or in a discrete substantive portion of the proceeding, 
but in no case later than thirty days after the Commission's final 
disposition of the proceeding.
    (b) If Commission review is sought or directed of a judge's decision 
as to which an application for a fee award has been filed, proceedings 
concerning the award of fees shall be stayed until there is a final 
Commission disposition of the case and the period for seeking review in 
a court of appeals expires.
    (c) If review of a Commission decision, or any item or items 
contained in that decision, is sought in the court of appeals under 
section 11 of the OSH Act, 29 U.S.C. 660, an application for an award 
filed with the Commission with regard to that decision shall be 
dismissed under 5 U.S.C. 554(c)(1) as to the item or items of which 
review is sought. If the petition for review in the court of appeals is 
thereafter withdrawn, the applicant may reinstate its application before 
the Commission within thirty days of the withdrawal.
    (d) For purposes of this section, the date of final disposition is:
    (1) The date on which the order of the judge disposing of the case 
becomes final under section 12(j) of the OSH Act, 29 U.S.C. 661(i); or
    (2) The date on which the order of the Commission affirming, 
modifying, or vacating the Secretary's citation or proposed penalty or 
directing other appropriate relief becomes final under section 10(c) of 
the OSH Act, 29 U.S.C. 659(c).

    Effective Date Note: At 70 FR 22792, May 3, 2005, Sec. 2204.302 was 
amended by revising paragraph (a) and removing paragraph (d), effective 
Aug. 1, 2005. For the convenience of the user, the revised text is set 
forth as follows:

Sec. 2204.302  When an application may be filed.

    (a) An application may be filed whenever an applicant has prevailed 
in a proceeding or in a discrete substantive portion of the proceeding, 
but in no case later than thirty days after the period for seeking 
appellate review expires.

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