(a) Any party desiring to seek review, including judicial review,
of a decision of the administrative law judge must file a written
petition for review with the Administrative Review Board (``the
Board''), U.S. Department of Labor, 200 Constitution Ave., NW.,
Washington, DC 20210, which has been delegated the authority to act for
the Secretary and issue final decisions under this part. The decision
of the administrative law judge will become the final order of the
Secretary unless, pursuant to this section, a timely petition for
review is filed with the Board. The petition for review must
specifically identify the findings, conclusions or orders to which
exception is taken. Any exception not specifically urged ordinarily
will be deemed to have been waived by the parties. A petition must be
filed within 10 business days of the date of the decision of the
administrative law judge. The date of the postmark, facsimile
transmittal, or e-mail communication will be considered to be the date
of filing; if the petition is filed in person, by hand-delivery or
other means, the petition is considered filed upon receipt. The
petition must be served on all parties and on the Chief Administrative
Law Judge at the time it is filed with the Board. Copies of the
petition for review and all briefs must be served on 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.
(b) If a timely petition for review is filed pursuant to paragraph
(a) of this section, and the Board, within 30 days of the filing of the
petition, issues an
order notifying the parties that the case has been accepted for review,
the decision of the administrative law judge will be inoperative unless
and until the Board issues an order adopting the decision, except that
an order by an administrative law judge issued under the Energy
Reorganization Act, other than that portion of the order awarding
compensatory damages, will be effective while review is conducted by
the Board, unless the Board grants a motion by the respondent to stay
the order based on exceptional circumstances. The Board will specify
the terms under which any briefs are to be filed. The Board will review
the factual determinations of the administrative law judge under the
substantial evidence standard. If a timely petition for review is not
filed, or the Board denies review, the decision of the administrative
law judge will become the final order of the Secretary and is not
subject to judicial review.
(c) The final decision of the Board will be issued within 90 days
of the filing of the complaint. The decision will be served upon all
parties and the Chief Administrative Law Judge by mail to the last
known address. The final decision will also be served on 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,
even if the Assistant Secretary is not a party.
(d) If the Board concludes that the respondent has violated the
law, the final order will order the respondent to take appropriate
affirmative action to abate the violation, including reinstatement of
the complainant to that person's former position, together with the
compensation (including back pay), terms, conditions, and privileges of
employment, and compensatory damages. In cases arising under the Safe
Drinking Water Act or the Toxic Substances Control Act, exemplary
damages may also be awarded when appropriate. At the request of the
complainant, the Board will assess against the respondent all costs and
expenses (including attorney's fees) reasonably incurred.
(e) If the Board determines that the respondent has not violated
the law, an order will be issued denying the complaint.
