[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR500.269]



[Page 52-53]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 500_MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of 

Contents

 

                  Subpart F_Administrative Proceedings

 

Sec.  500.269  Stay pending decision of the Secretary.



    (a) The filing of a petition seeking review by the Secretary of a 

Decision and Order of an Administrative Law Judge, pursuant to Sec.  

500.264, does not stop the running of the thirty-day time limit in which 

respondent may file an appeal to obtain a review in the United States 

District Court of an administrative order, as provided in section 

103(b)(2) or section 503(b)(2) of the Act, unless the Secretary issues a 

Notice of Intent pursuant to Sec.  500.265.

    (b) In the event a respondent has filed a notice of appeal of the 

Administrative Law Judge's Decision and Order in a United States 

District Court and the Secretary issues a Notice of Intent, the 

Secretary will seek a stay of proceedings in the Court until such time 

as the Secretary issues the final decision, as provided in Sec.  

500.268.

    (c) Where the Secretary has issued a Notice of Intent, the time for 

filing an appeal under sections 103(b)(2) or 503(b)(2) of the Act shall 

commence



[[Page 53]]



from the date of the issuance of the Secretary's final decision, as 

provided in Sec.  500.268.



[54 FR 13330, Mar. 31, 1989]



                                 Record