(a) The Administrator or any interested party desiring review of the
decision and order of an administrative law judge shall petition the
Secretary to review the decision and order. To be effective, such
petition shall be received by the Secretary within 30 days of the date
of the decision and order. Copies of the petition shall be served on all
parties and on the administrative law judge.
(b) No particular form is prescribed for any petition for
Secretary's review permitted by this subpart. However, any such petition
shall:
(1) Be dated;
(2) Be typewritten or legibly written;
(3) Specify the issue or issues stated in the administrative law
judge 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 Secretary
in determining whether review is warranted.
(c) Whenever the Secretary determines to review the decision and
order of an administrative law judge, a notice of the Secretary's
determination shall be served upon the administrative law judge and upon
all parties to the proceeding within 30 days after the Secretary's
receipt of the petition for review.
(d) Upon receipt of the Secretary's notice, the Office of
Administrative Law Judges shall within 15 days forward the complete
hearing record to the Secretary.
(e) The Secretary's notice shall specify:
(1) The issue or issues to be reviewed;
(2) The form in which submissions shall be made by the parties
(e.g., briefs, oral argument);
(3) The time within which such submissions shall be made.
(f) All documents submitted to the Secretary shall be filed with the
Secretary of Labor, U.S. Department of Labor, Washington, DC 20210,
Attention: Executive Director, Office of Administrative Appeals, room S-
4309. An original and two copies of all documents shall be filed.
Documents are not deemed filed with the Secretary until actually
received by the Secretary. All documents, including documents filed by
mail, shall be received by the Secretary either on or before the due
date.
(g) Copies of all documents filed with the Secretary shall be served
upon all other parties involved in the proceeding. Service upon the
Administrator shall be in accordance with Sec. 655.430(b).
(h) The Secretary's final decision shall be issued within 180 days
from the date of the notice of intent to review. The Secretary's
decision shall be served upon all parties and the administrative law
judge.
(i) Upon issuance of the Secretary's decision, the Secretary shall
transmit the entire record to the Chief Administrative Law Judge for
custody pursuant to Sec. 655.450.
