(a) If the Board has not issued a final decision within one year of
the filing of a complaint under the Energy Reorganization Act, and
there is no showing that there has been delay due to the bad faith of
the complainant, the complainant may bring an action at law or equity
for de novo review in the appropriate district court of the United
States, which will have jurisdiction over such an action without regard
to the amount in controversy.
(b) Fifteen days in advance of filing a complaint in federal court,
a complainant must file with the Assistant Secretary, the
administrative law judge, or the Board, depending upon where the
proceeding is pending, a notice of his or her intention to file such
complaint. The notice must be served on all parties to the proceeding.
A copy of the notice must be served on the Regional Administrator, the
Assistant Secretary, Occupational Safety and Health Administration, and
on the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor, 200 Constitution Ave., NW., N 2716, Washington, DC
20210.
