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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter IV  

Office of Labor-Management Standards, Department of Labor

 

 

Part 458  

Standards of Conduct

 

 

 

Subpart C  

Hearing and Related Matters


29 CFR 458.88 - Submission of the Administrative Law Judge's recommended decision and order to the Assistant Secretary; exceptions.

  • Section Number: 458.88
  • Section Name: Submission of the Administrative Law Judge's recommended decision and order to the Assistant Secretary; exceptions.

    (a) After the close of the hearing, and the receipt of briefs, or 
findings and conclusions, if any, the Administrative Law Judge shall 
prepare his recommended decision and order expeditiously. The 
recommended decision and order shall contain findings of fact, 
conclusions, and the reasons or basis therefor including credibility 
determinations, and recommendations as to the disposition of the case 
including the remedial action to be taken.
    (b) The Administrative Law Judge shall cause his recommended 
decision and order to be served promptly on all parties to the 
proceeding. Thereafter, the Administrative Law Judge shall transfer the 
case to the Assistant Secretary including his recommended decision and 
order and the record. The record shall include the complaint, the notice 
of hearing, motions, rulings, orders, official transcript of the 
hearing, stipulations, objections, depositions, exhibits, documentary 
evidence and any briefs or other documents submitted by the parties.
    (c) Exceptions to the Administrative Law Judge's recommended 
decision and order may be filed by any party with the Assistant 
Secretary within fifteen
(15) days after service of the recommended decision and order: Provided, 
however, That the Assistant Secretary may for good cause shown extend 
the time for filing such exceptions. Requests for additional time in 
which to file exceptions shall be in writing, and copies thereof shall 
be served on the other parties. Requests for extension of time must be 
received no later than three (3) days before the date the exceptions are 
due. Copies of such exceptions and any supporting briefs shall be served 
on all other parties, and a statement of such service shall be furnished 
to the Assistant Secretary.
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