Solicitor's Office Litigation Files.
None.
Offices of the Associate Solicitors, Office of the Solicitor,
Washington, DC; Offices of the Regional Solicitor and Associate Regional
Solicitors at various locations.
Plaintiffs, defendants, respondents, witnesses and other individuals
who may have provided information relating to, or who may have been involved in
matters that are part of Labor Department litigation, where the Department is
either the plaintiff or the defendant.
The system contains records gathered by the various Offices of the
Associate Solicitors, Regional Solicitors and Associate Regional Solicitors.
The records may be derived from materials filed with the Department of Labor,
court records, pleadings, statements of witnesses, information received from
federal, state, local and foreign regulatory organizations and from other
sources. The system also contains records that incorporate the work product of
the various offices and other privileged documents.
5 U.S.C. 301.
These records are maintained for the purpose of prosecuting violations
of labor laws, as well as for defending law suits and claims brought against
the Department of Labor.
None, except for those universal routine uses listed in the General
Prefatory Statement to this document.
Litigation files are maintained in manual files.
By name.
Files are kept in office suites which are locked after working
hours.
Litigation files are maintained for two (2) years after final court
determination, then transferred to the FRC where they are kept for an
additional three (3) years and then destroyed
Cases which (1) resulted in a major legal precedent, or (2) involved a
complex and/or novel issue, or (3) involved intense public interest or
controversy that usually is reflected in a high degree of media attention are
retained permanently.
OSHA litigation files are destroyed one year after all rights of
appeals have expired.
Matters in which the Department obtained an injunction are maintained
in SOL for two years after the matter is closed and then transferred to the FRC
for twenty (20) years and then destroyed. Briefs and significant motions are
retained in the office for twenty (20) years and then destroyed.
Files are maintained for six years after final agency action or three
(3) years after final court determination, whichever is later.
Files for cases before the Administrative Law Judges are maintained for
one (1) year after the case is closed and then destroyed. Cases adjudicated
before the Benefit Review Board are maintained for two (2) years after the
final decision is issued and then destroyed. Court of Appeal and Supreme Court
cases are maintained for five years after the final decision is issued and then
destroyed.
The appropriate Associate Solicitor or the Regional Solicitor or
Associate Regional Solicitor, Office of the Solicitor, U.S. Department of
Labor, Room S-2002, 200 Constitution Avenue, NW, Washington, DC 20210
Inquiries should be mailed or presented to the system manager noted at
the address listed above.
A request for access shall be addressed to the system manager at the
address listed above. Individuals must furnish the following information for
their records to be located and identified:
a. Name.
b. Approximate date for the investigation.
A petition for amendments shall be addressed to the System Manager and
must meet the requirements of 29 CFR 71.9.
Component agency investigative files; investigators; other law
enforcement personnel; attorneys; witnesses, informants; other individuals;
federal, states and local agencies; opinion files; miscellaneous files.
Under the specific exemption authority provided by 5 U.S.C. 552a(k)(2),
this system is exempt from the following provisions of the Privacy ACT: 5
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H),(I), and (f) of the Act.
Disclosure of information could enable the subject of the record to take action
to escape prosecution and could avail the subject greater access to information
than that already provided under rules of discovery. In addition, disclosure of
information might lead to intimidation of witnesses, informants, or their
families, and impair future investigations by making it more difficult to
collect similar information.
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