(a) A respondent, the Administrator or any other party wishing
review of the decision of an Administrative Law Judge shall, within 30
days of the decision of the Administrative Law Judge, petition the
Secretary to review the decision. Copies of the petition shall be served
on all parties and on the Administrative Law Judge. If the Secretary
does not issue a notice accepting a petition for review within 30 days
after receipt of a timely filing of the petition, or within 30 days of
the date of the decision if no petition has been received, the decision
of the Administrative Law Judge shall be deemed the final agency action.
(b) Whenever the Secretary either on the Secretary's own motion or
by acceptance of a party's petition, determines to review the decision
of an Administrative Law Judge, a notice of the same shall be served
upon the Administrative Law Judge and upon all parties to the proceeding
in person or by certified mail.
