(a) The Administrator or any interested party desiring review of
the decision and order of an administrative law judge, including
judicial review, must petition the Department's Administrative Review
Board (Board) to review the ALJ's decision and order. To be effective,
such petition must be received by the Board within 30 days of the date
of the decision and order. Copies of the petition must be served on all
parties and on the administrative law judge.
(b) No particular form is prescribed for any petition for the
Board's review permitted by this subpart. However, any such petition
must:
(1) Be dated;
(2) Be typewritten or legibly written;
(3) Specify the issue or issues stated in the administrative law
judge's decision and order giving rise to such petition;
(4) State the specific reason or reasons why the party petitioning
for review believes such decision and order are in error;
(5) Be signed by the party filing the petition or by an authorized
representative of such party;
(6) Include the address at which such party or authorized
representative desires to receive further communications relating
thereto; and
(7) Attach copies of the administrative law judge's decision and
order, and any other record documents which would assist the Board in
determining whether review is warranted.
(c) Whenever the Board determines to review the decision and order
of an administrative law judge, a notice of the Board's determination
must be served upon the administrative law judge and upon all parties
to the proceeding within 30 days after the Board's receipt of the
petition for review. If the Board determines that it will review the
decision and order, the order shall be inoperative unless and until the
Board issues an order affirming the decision and order.
(d) Within 15 days of receipt of the Board's notice, the Office of
Administrative Law Judges shall forward the complete hearing record to
the Board.
(e) The Board's notice shall specify:
(1) The issue or issues to be reviewed;
(2) The form in which submissions must be made by the parties
(e.g., briefs, oral argument);
(3) The time within which such submissions must be made.
(f) All documents submitted to the Board must be filed with the
Administrative Review Board, Room S-
4309, U.S. Department of Labor, Washington, D.C. 20210. An original and
two copies of all documents must be filed. Documents are not deemed
filed with the Board until actually received by the Board. All
documents, including documents filed by mail, must be received by the
Board either on or before the due date.
(g) Copies of all documents filed with the Board must be served
upon all other parties involved in the proceeding. Service upon the
Administrator must be in accordance with Sec. 655.1230(b).
(h) The Board's final decision shall be issued within 180 days from
the date of the notice of intent to review. The Board's decision shall
be served upon all parties and the administrative law judge.
(i) Upon issuance of the Board's decision, the Board shall transmit
the entire record to the Chief Administrative Law Judge for custody in
accordance with Sec. 655.1250.
