(a) Any 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 must be received by
the Secretary within 30 calendar days of the date of the decision and
order. Copies of the petition shall be served on all parties and the
administrative law judge.
(b) No particular form is prescribed for any petition for the
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 all
parties within 30 calendar 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 calendar days forward the
complete hearing record to the Secretary.
(e) The Secretary's notice may specify:
(1) The issue or issues to be reviewed;
(2) The form in which submissions shall be made by the parties
(e.g., briefs);
(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, must 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. 655.1030(b) of this part.
(h) The Secretary's final decision shall be issued within 180
calendar 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. 655.1050 of this part.
