(a) Any party desiring review of a decision of the Administrative
Law Judge, including judicial review, must file a petition for review
with the Department's Administrative Review Board (Board). To be
effective, such petition must be received by the Board within 30 days of
the date of the decision of the Administrative Law Judge. Copies of the
appeal shall be served on all parties and on the Chief Administrative
Law Judge. If such a petition for review is timely filed, the decision
of the Administrative Law Judge shall be inoperative unless and until
the Board dismisses the appeal or issues a decision affirming the
decision of the Administrative Law Judge.
(b) All documents submitted to the Board shall be filed with the
Administrative Review Board, Room S-4309, U.S. Department of Labor,
Washington, DC 20210. An original and two copies of all documents must
be filed.
(c) Documents are not deemed filed with the Board until actually
received by the Board, either on or before the due date. No additional
time shall be added where service of a document requiring action within
a prescribed time was made by mail.
(d) A copy of each document filed with the Board shall be served
upon all other parties involved in the proceeding. Such service shall be
by personal delivery or by mail. Service by mail is deemed effected at
the time of mailing to the last known address of the party.
[69 FR 75405, Dec. 16, 2004]
