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DEPARTMENT OF LABOR containing rules of practice and Appellate Boards, at 202–693–6319 or procedure for the Board and amends [email protected]. Employment and Training existing regulations concerning filing SUPPLEMENTARY INFORMATION: This Administration and service that apply where a preamble is divided into four sections: governing statute or executive order Section I describes the process of 20 CFR Parts 641, 655, 658, 667 and does not establish contrary rules of rulemaking using a direct final rule with 683 filing and service. It also makes other a companion proposed rule; Section II minor corrections to update existing provides general background Office of Workers’ Compensation regulations. information on the development of the Programs DATES: This direct final rule is effective rulemaking; Section III is a discussion of on February 25, 2021, unless the the changes to the regulatory text; and 20 CFR Part 726 Department receives a significant Section IV covers the administrative adverse comment to this direct final rule requirements for this rulemaking. Office of the Secretary of Labor or the companion proposed rule by I. Direct Final Rule Published February 10, 2021 that explains why the 29 CFR Parts 7, 8, 22, 24, 26, 29, 37, direct final rule is inappropriate, Concurrently With Companion 38 and 96 including challenges to the rule’s Proposed Rule underlying premise or approach, or why The Department is simultaneously Office of Labor-Management the rule will be ineffective or publishing with this direct final rule an Standards unacceptable without a change. If a identical proposed rule elsewhere in timely, significant adverse comment is this issue of the Federal Register. In 29 CFR Parts 417 and 458 received, the Department will publish a direct final rulemaking, an agency notification of withdrawal of the direct publishes a final rule with a statement Wage and Hour Division final rule in the Federal Register before that the rule will go into effect unless the effective date. This notification may the agency receives significant adverse 29 CFR Parts 500, 525, 530 and 580 withdraw the direct final rule in whole comment within a specified period. If or in part. the agency receives no significant Occupational Safety and Health ADDRESSES: You may send comments, adverse comment in response to the Administration identified by Regulatory Identification direct final rule, the rule goes into Number (RIN) 1290–AA28, only by the effect. If the agency receives significant 29 CFR Parts 1978, 1979, 1980, 1981, following method: Electronic adverse comment, the agency withdraws 1982, 1983, 1984, 1985, 1986, 1987 and Comments. Submit comments through the direct final rule and treats such 1988 the Federal eRulemaking Portal http:// comment as submissions on the www.regulations.gov. To locate the proposed rule. The proposed rule then Office of Federal Contract Compliance proposed rule, use key words such as provides the procedural framework to Programs ‘‘Administrative Review Board’’ to finalize the rule. An agency typically search documents accepting comments. uses direct final rulemaking when it 41 CFR Part 60–30 Follow the instructions for submitting anticipates the rule will be non- RIN 1290–AA28 comments. All comments must be controversial. received by 11:59 p.m. on the date The Department has determined that Rules of Practice and Procedure indicated for consideration in this this rule is suitable for direct final Concerning Filing and Service and rulemaking. rulemaking. The enactment of the Amended Rules Concerning Filing and Instructions: All submissions received Board’s procedural regulations and Service must include the agency name and revisions to existing program AGENCY: Employment and Training docket number (DOL–2020–0011) or regulations would require parties to use Administration, Office of Workers’ Regulatory Information Number (RIN) the Board’s electronic system for filing Compensation Programs, Office of the for this rulemaking. All comments and serving documents unless exempted Secretary, Office of Labor-Management received will generally be posted by the Board, as well as make technical Standards, Wage and Hour Division, without change to https:// corrections to addresses, add cross- Occupational Safety and Health www.regulations.gov, including any references to rules of practice and Administration, Office of Federal personal information provided. If you procedure, and specify where the Contract Compliance Programs. need assistance to review the comments Secretary has delegated authority under or the direct final rule, the Department ACTION: Direct final rule. a program to the ARB. Some parties are will consider providing the comments already filing documents through the SUMMARY: The Department of Labor and direct final rule in other formats Board’s existing electronic system on a (Department or DOL) is issuing this upon request. For assistance to review voluntary basis. Moreover, this system Direct Final Rule to require electronic the comments or obtain the direct final is similar to those used by courts and filing (e-filing) and make acceptance of rule in an alternate format, contact Mr. other administrative agencies and will electronic service (e-service) automatic Thomas Shepherd, Clerk of the thus be familiar to some representatives. for attorneys and non-attorney Appellate Boards, at 202–693–6319 or The rule would also give self- representatives representing parties in [email protected]. Individuals represented (pro se) parties the option to proceedings before the Administrative with hearing or speech impairments file and serve documents through the Review Board (Board), unless the Board may access the telephone number above electronic system or via conventional authorizes non-electronic filing and by TTY by calling the toll-free Federal methods. These changes to the Board’s service for good cause. Self-represented Information Relay Service at (800) 877– procedures and practices should not be persons will have the option of e-filing 8339. controversial. The Department has or of filing papers by conventional FOR FURTHER INFORMATION CONTACT: Mr. determined that this rule is exempt from means. This rule establishes a new part Thomas Shepherd, Clerk of the the notice and comment requirements

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under 5 U.S.C. 553(b) as a rule of agency tracking system deployed in FY2011 to from authorized parties would be more practice and procedure. Nonetheless, replace individual legacy applications manageable for the Board. In addition, the agency has decided to allow for and streamline business processes greater utilization of e-filing and e- public input by issuing a direct final specific to each of the three service will reduce case processing rule and concurrent notice of proposed Adjudicatory Boards in the Department: times by eliminating the timeframes rulemaking. the Board, the Benefits Review Board required to allow for the delivery of The comment period for this direct (BRB), and the Employees’ traditional mailings. These time savings final rule runs concurrently with the Compensation Appeals Board (ECAB). will allow the Board to more efficiently comment period for the proposed rule. The Board has been delegated authority process appeals without any sacrifice to Any comments received in response to by the Secretary of Labor to issue quality of work and will also greatly this direct final rule will also be decisions on appeal in cases arising reduce mailing and copying costs for considered as comments regarding the under a variety of worker protection both the Board and the parties. proposed rule and vice versa. For laws, including those governing Additionally, in an effort to improve purposes of this rulemaking, a environmental, transportation, and e-filing and e-service Department-wide, significant adverse comment is one that securities whistleblower protections; H– the rule amends provisions regarding explains (1) why the rule is 1B immigration provisions; child labor; filing and service with the Office of inappropriate, including challenges to employment discrimination; job Administrative Law Judges (OALJ) for the rule’s underlying premise or training; seasonal and migrant workers; consistency with proposed amendments approach; or (2) why the direct final and Federal construction and service to the OALJ rules of practice and rule will be ineffective or unacceptable contracts. The BRB reviews appeals of procedure in 29 CFR part 18. without a change. In determining administrative law judges’ decisions whether a significant adverse comment arising under the Black Lung Benefits III. Discussion of Changes necessitates withdrawal of the direct Act, the Longshore and Harbor Workers’ A. Administrative Review Board Rules final rule, the Department will also Compensation Act and its extensions. of Practice and Procedure consider whether the comment raises an ECAB hears appeals taken from issue serious enough to warrant a determinations and awards under the The Department is adding a new substantive response had it been Federal Employees’ Compensation Act section to the Code of Federal submitted in a standard notice-and- with respect to claims of Federal Regulations at 29 CFR part 26 in order comment process. A comment employees injured in the course of their to establish rules of practice and recommending an addition to the rule employment. procedure for the Board regarding filing will not be considered significant and The DOL Appeals case management and service and to address some general adverse unless the comment explains system has provided a broad range of procedural matters. how the direct final rule would be capabilities to the Boards’ staff for § 26.1 Purpose and Scope ineffective without the addition. inputting, processing, tracking, The Department requests comments managing, and reporting specific details This section is a new provision on all issues related to this rule, on thousands of cases since its initial addressing the purpose of part 26 and including economic or other regulatory implementation. In FY2013, the system the scope of the Board’s authority. impacts of this rule on the regulated was enhanced to provide access to the Paragraph (a) provides that part 26 community. general public. Currently, over 1,400 contains the rules of practice of the Board and that these rules shall govern II. Background of This Rulemaking individuals are registered users of the DOL Appeals system. Users have the all appeals and proceedings before the The Department is promulgating a ability to check their case status, Board, except where inconsistent with a rule that makes e-filing mandatory and electronically file motions and briefs, governing statute, regulation, or acceptance of e-service automatic for and receive Board issuances executive order. Paragraph (b) provides represented parties before the electronically. However, users who e- that the Board has authority to act as the Administrative Review Board file documents must still serve those authorized representative of the represented by attorneys and non- documents on other parties by some Secretary of Labor in review or on attorney representatives. It does this by other method (typically mail, appeal of decisions and enacting its own rules of practice and commercial delivery, or electronic recommendations, as provided in procedure and amending existing mail), as DOL Appeals does not have an Secretary’s Order 01–2020. The Board program regulations. Currently, e-filing automatic e-service function like that of shall act as fully and finally as the is optional and e-service is not available the Federal courts’ electronic filing and Secretary of Labor concerning such through the Board’s existing electronic service systems. Moreover, because e- matters, except as provided in system: DOL Appeals. As a result, the filing is optional, the Board continues to Secretary’s Order 01–2020 (or any Board receives filings in both paper and receive many paper filings, including successor to that order). electronic form. The Board’s long-term from attorneys and non-attorney § 26.2 General Procedural Matters goal is to have entirely electronic case representatives. files (e-case files), which would At present, the Board lacks sufficient This section is a new provision significantly benefit both the Board and resources to digitally image all containing procedural provisions. the participants in Board appeals by pleadings received in paper form, and Paragraph (a) supplies definitions. allowing the Board to more efficiently that option is unduly burdensome and Paragraph (a)(1) defines the ARB to process incoming documents, reducing labor intensive. Furthermore, if e-filing mean the Administrative Review Board. the time it takes to adjudicate claims. remains optional, it is unlikely that the Paragraph (a)(2) defines Electronic case Requiring attorneys and non-attorney Board will achieve the goal of management system to mean the representatives to use e-filing and e- completely electronic case files. If, Department of Labor’s electronic filing service will help the Board move toward however, parties are required to e-file all and electronic service system for this goal. documents through the Department’s adjudications. The Board currently uses DOL electronic case management system, Paragraph (b) addresses computation Appeals, a consolidated web-based case imaging the remaining paper pleadings of time. Paragraph (b)(1) provides that

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when computing a time period stated in documents by mail to adjust to provide appropriate relief pending days, the day of the event that triggers electronic filing. restoration of electronic access. the period should be excluded; every Although Federal agencies are Paragraph (b) addresses alternate day, including intermediate Saturdays, required by law to provide information methods of filing for persons who are Sundays, and legal holidays, should be and services via the internet, agencies excepted from e-filing or who have counted; and the last day of the period must also consider the impact on opted not to use e-filing and provides should be included, but if the last day persons without access to the internet that documents filed using methods is a Saturday, Sunday, or legal holiday, and, to the extent practicable, ensure other than the Department’s electronic the period continues to run until the that the availability of government case management system (e.g., by email next day that is not a Saturday, Sunday, services has not been diminished for or mail) are considered filed when or legal holiday. Paragraph (b)(2) such persons. See 44 U.S.C. 3501. received by the Clerk of the Appellate addresses when the ‘‘last day’’ ends. Accordingly, the Department proposes Boards. This similar to the Federal Paragraph (b)(2)(i) provides that for to authorize non-electronic filing and Rules of Civil Procedure, see Fed. R. electronic filing via the Department’s service for good cause and will make e- Civ. P. 5(d)(2), and provides a default electronic case management system or filing and e-service optional for self- for when laws governing a particular via other electronic means, the ‘‘last represented parties. The Board notes in program do not specify the date of day’’ goes until 11:59:59 p.m. Eastern this regard that e-filing is generally filing. Time on the due date. The Board chose mandatory for attorneys in the Federal this time zone because Washington, DC district courts and U.S. Courts of § 26.4 Service is located within it. Paragraph (b)(2)(ii) Appeals, unless an exemption for good This section contains all service provides that for non-electronic filing, cause is granted; only self-represented requirements. Paragraph (a) addresses the ‘‘last day’’ ends at the time the office parties have the option of filing electronic service. Paragraph (a)(1) of the Clerk of the Appellate Boards is pleadings in paper form. Accordingly, provides that electronic service may be scheduled to close in Washington, DC paragraph (a)(2) provides that attorneys completed by email if consented to in on the due date. These rules are and lay representatives may request an writing by the party being served. generally consistent with the Federal exemption to e-filing for good cause Paragraph (a)(2) deems service Rules of Civil Procedure, see Fed. R. shown. Such a request must include a completed by sending the document to Civ. P. 6(a), and the Federal Rules of detailed explanation why e-filing or a user registered with the Department’s Appellate Procedure, see Fed. R. App. P. acceptance of e-service should not be electronic case management system by 26(a)(4). This provides a default where required. filing via this system. This is consistent the applicable statute, regulation, Paragraph (a)(3) allows self- with the Federal Rules of Civil executive order, or judge’s order is represented (i.e., pro se) parties to file in Procedure, see Fed. R. Civ. P. 5(b)(2)(E), silent. Paragraph (c) provides the either electronic or non-electronic and the Federal Rules of Appellate Board’s mailing address. format. Providing this flexibility will Procedure, see Fed. R. App. P. 25(c)(2), allow these parties to easily participate § 26.3 Filing and provides a default for when laws in their cases. governing a particular program do not This section is a new provision Paragraph (a)(4) provides that specify the date of service. Paragraph containing all filing requirements. documents filed via the Department’s (a)(2) further provides that registering to Paragraph (a) governs e-filing through electronic case management system are use the Department’s electronic case the Department’s electronic case filed when received, and are received as management system constitutes consent management system. Paragraph (a)(1) of the date and time recorded by the to service through the system. The requires attorneys and lay system. Paragraph (a)(5) allows for Board would also issue decisions and representatives to file all petitions, electronic signatures when a filing is orders electronically to registered users pleadings, exhibits, and other made through a registered user’s who are parties to a case. documents with the Board via the account and authorized by that person, Department’s electronic case along with the person’s name. This is Paragraph (b) addresses non- management system, and notes that consistent with the Federal Rules of electronic service and allows for service paper copies are not required unless Civil Procedure, see Fed. R. Civ. P. to be completed by personal delivery, requested by the Board. As discussed 5(d)(3) and the Federal Rules of mail, or delivery via commercial carrier. above, mandating electronic filing and Appellate Procedure, see Fed. R. App. P. Paragraph (c) provides the effective automatically serving documents 25(2)(B)(iii). Many program regulations date of each form of service. Paragraph electronically filed through the system require filed documents to be signed, (c)(1) provides that service by personal will benefit the parties and improve and this provision allows filers to delivery is effected on the date the case processing. This requirement comply while filing via the document is delivered to the person applies only to those documents filed 45 Department’s electronic case being served. Paragraph (c)(2) provides days after the effective date or later. management system. that service by mail or commercial This time period between the effective Paragraph (a)(6) provides that a carrier is effected on the date the date, when litigants can be certain that person who is adversely affected by a document is mailed or delivered to the the direct final rule will not be technical failure in connection with commercial carrier. Paragraph (c)(3) withdrawn, and the applicability date, filing or receipt of an electronic provides that service by electronic on which e-filing becomes mandatory, document may seek appropriate relief means, including via the Department’s allows the Office of Administrative Law from the Board. The Board encourages electronic case management system and Judges to update its notices of appeal filers to retain documentation of the via email, is effective on sending. This rights so that by the time e-filing is failure in these instances. Additionally, is similar to the Federal Rules of Civil mandatory, parties will have received a if technical malfunction or other issue Procedure, see Fed. R. Civ. P. 5(b)(2), notice of appeal rights with updated prevents access to the Department’s case and provides a default for when laws information. It also allows parties who management system for a protracted governing a particular program do not were previously filing and serving period, the Board by special order may specify the date of service.

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B. Additional Changes 3. Nomenclature and Other Technical and of promoting flexibility. Executive Changes Order 13771 directs agencies to reduce The Department proposes to revise regulation and control regulatory costs several parts of the Code of Federal To update the regulations for clarity, accuracy, and to comply with 29 CFR and provides that ‘‘for every one new Regulations: 20 CFR parts 641, 655, 658, part 26, the Department proposes to regulation issued, at least two prior 667, 683, and 726; 29 CFR parts 7, 8, 22, make several technical changes to the regulations be identified for elimination, 24, 29, 37, 38, 96, 417, 458, 500, 525, regulations. Specifically, the and that the cost of planned regulations 530, 580, 1978, 1979, 1980, 1981, 1982, Department proposes to remove be prudently managed and controlled 1983, 1984, 1985, 1986, 1987 and 1988; outdated mailing addresses for both the through a budgeting process.’’ and 41 CFR part 60–30 to harmonize the Board and the Office of Administrative filing provisions with 29 CFR part 26 This rule has been drafted and Law Judges. The Department also reviewed in accordance with Executive and improve e-filing and e-service proposes to update the regulations that Order 12866. The Department of Labor, Department-wide. require documents to be filed with the in coordination with the Office of 1. Changes to Requirements for Filing Executive Director of the Board to require that documents be filed the Management and Budget (OMB), and Service by Mail or Personal determined that this rule is not a Delivery Clerk of the Appellate Boards. The Department also proposes to update the significant regulatory action under Many regulations require parties to authorities section in 29 CFR parts 7, 8, section 3(f) of Executive Order 12866 file and serve documents by mail or by and 458 to include the applicable because the rule will not have an annual personal delivery in cases pending Secretary’s Order, Secretary’s Order 01– effect on the economy of $100 million before the Board. To ensure that the 2020. Finally, the Department proposes or more; will not create a serious regulations allow for e-filing and e- to update the pronouns in 29 CFR inconsistency or otherwise interfere service through the Department’s 417.15 to account for a previous change with an action taken or planned by electronic case management system, and from ‘‘Secretary’’ to ‘‘Board.’’ another agency; and will not materially via email when permissible, the 4. Changes to References to the alter the budgetary impact of Department proposes to remove Secretary entitlements, grants, user fees, or loan requirements for filing and service by programs or the rights and obligations of mail and personal delivery to allow for The Department proposes to revise recipients thereof. Furthermore, the rule e-filing and e-service, except where references to the ‘‘Secretary’’ or the does not raise a novel legal or policy ‘‘authority head’’ to the ‘‘Administrative required by statute. Using the general issue arising out of legal mandates, the Review Board,’’ ‘‘Board,’’ or ‘‘ARB’’ to terms ‘‘filing’’ and ‘‘service’’ will allow President’s priorities, or the principles clarify the authority and responsibilities for all forms of filing and service set forth in the Executive Order. permitted by 29 CFR part 26. The of the Board. Many regulations, OMB has not designated this rule a Department also proposes to cross- particularly older ones, contain significant regulatory action under reference the Board’s rules of practice references to the ‘‘Secretary’’ or section 3(f) of Executive Order 12866. and procedure at 29 CFR part 26 and the ‘‘authority head’’ for responsibilities Accordingly, OMB has not reviewed it. OALJ’s rules of practice and procedure that have been delegated to the Board by at 29 CFR part 18 where necessary to the Secretary. Where necessary, these As this rule is not a significant clarify the application of those parts. changes are accompanied by a provision regulatory action, this rule is exempt allowing for discretionary review by the from the requirements of Executive Further, in 29 CFR parts 24 and 1978– Secretary, in accordance with Order 13771. See OMB’s Memorandum 88, where the Occupational Safety and Secretary’s Order 01–2020 (or any ‘‘Guidance Implementing Executive Health Administration (OSHA) is successor to that order). In such cases, Order 13771, Titled ‘Reducing required to deliver its findings and Board decisions would become final in Regulation and Controlling Regulatory orders by certified mail, the Department accordance with the finality provisions Costs’ ’’ (April 5, 2017). proposes to allow OSHA to deliver such of Secretary’s Order 01–2020, or any findings and orders by means that allow successor to that order. Regulatory Flexibility Act of 1980 it to confirm delivery to all parties of record and each party’s legal counsel. IV. Administrative Requirements of the Because no notice of proposed This would provide flexibility to the Rulemaking rulemaking is required for this rule agency and allow for electronic delivery Executive Orders 12866, Regulatory under section 553(b) of the when appropriate. Planning and Review; 13563, Improving Administrative Procedure Act, the Regulation and Regulatory Review; and regulatory flexibility requirements of the 2. Changes to Requirements To Send 13777, Reducing Regulation and Regulatory Flexibility Act, 5 U.S.C. 601, Copies of Documents Controlling Regulatory Costs do not apply to this rule. See 5 U.S.C. 601(2). Many regulations require parties to Executive Orders 12866 and 13563 send additional paper copies of all direct agencies to assess the costs and Paperwork Reduction Act (PRA) documents to the Board. To allow for benefits of available regulatory better transition to full electronic case alternatives and, if regulation is The Department has determined that management and to simplify the filing necessary, to select regulatory this rule is not subject to the process for parties, the Department approaches that maximize net benefits requirements of the Paperwork proposes to remove requirements to (including potential economic, Reduction Act, 44 U.S.C. 3501 et seq. send copies of all documents to the environmental, public health and safety (PRA), as this rulemaking involves Board. Paper copies are not necessary effects, distributive impacts, and administrative actions to which the when e-filing, and the Board no longer equity). Executive Order 13563 Federal government is a party or that needs multiple paper copies from self- emphasizes the importance of occur after an administrative case file represented parties or those who are quantifying both costs and benefits, of has been opened regarding a particular granted an exemption from e-filing. reducing costs, of harmonizing rules, individual. See 5 CFR 1320.4(a)(2), (c).

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Unfunded Mandates Reform Act of 1995 20 CFR Part 667 29 CFR Part 38 and Executive Order 13132, Federalism Adjudication and Judicial Review, Administrative practice and The Department has reviewed this Administrative practice and procedure, procedure, Compliance procedures, rule in accordance with the Oversight and monitoring, Grievance Obligations of recipients and governors, requirements of Executive Order 13132 procedures, complaints, and State Workforce Innovation and Opportunity and the Unfunded Mandates Reform Act appeal processes, Sanctions, corrective Act. actions, and waiver of liability, of 1995, 2 U.S.C. 1501 et seq., and has 29 CFR Part 96 found no potential or substantial direct Reporting and recordkeeping requirements, Resolution of findings, effects on the states, on the relationship Administrative practice and Workforce Investment Act. between the national government and procedure, Audit requirements, Grants, the states, or on the distribution of 20 CFR Part 683 contracts, and other agreements. power and responsibilities among the Adjudication and judicial review, 29 CFR Part 417 various levels of government. As there Administrative practice and procedure, is no Federal mandate contained herein Administrative practice and Funding and closeout, Grievance procedure, Labor management that could result in increased procedures, complaints, and State expenditures by State, local, and tribal standards, Procedures for removal of appeal processes, Oversight and local labor organization officers. governments, or by the private sector, resolution of findings, Pay-for- the Department has not prepared a performance contract strategies, 29 CFR Part 458 budgetary impact statement. Reporting and recordkeeping Administrative practice and Executive Order 13175, Consultation requirements, Rules, costs, and procedure, Standards of conduct, Labor- limitations, Sanctions, corrective and Coordination With Indian Tribal Management Reporting and Disclosure actions, and waiver of liability, Governments Act of 1959. Workforce Innovation And Opportunity The Department has reviewed this Act. 29 CFR Part 500 rule in accordance with Executive Order 20 CFR Part 726 Administrative practice and 13175 and has determined that it does procedure, Migrant and seasonal not have ‘‘tribal implications.’’ The rule Administrative practice and agricultural worker protection, does not ‘‘have substantial direct effects procedure, Black lung benefits, Enforcement, Worker protections, on one or more Indian tribes, on the Authorization of self-insurers, Civil Registration, Motor vehicles, Housing. relationship between the Federal money penalties. government and Indian tribes, or on the 29 CFR Part 7 29 CFR Part 525 distribution of power and Administrative practice and Administrative practice and responsibilities between the Federal procedure, Workers with disabilities, government and Indian tribes.’’ procedure, Government contracts, Minimum wages. Wage rates, Special certificates. Executive Order 13211, Energy Supply, 29 CFR Part 8 29 CFR Part 530 Distribution, or Use Administrative practice and Administrative practice and The Department has reviewed this procedure, Government contracts, procedure, Homeworkers, Employer rule and has determined that the Minimum wages. Certificates, Denial/revocation of provisions of Executive Order 13211 are certificates, Civil money penalties. not applicable as this is not a significant 29 CFR Part 22 regulatory action and there are no direct Administrative practice and 29 CFR Part 580 or implied effects on energy supply, procedure, Appeal to the Administrative Administrative practice and distribution, or use. Review Board. procedure, Assessing and contesting, List of Subjects 29 CFR Part 24 Civil money penalties. 20 CFR Part 641 Administrative practice and 29 CFR Part 1978 procedure, Employee protection, Administrative practice and Administrative practice and Findings, Litigation, Investigations, procedure, Employee protection, procedure, Grievance procedure and Retaliation complaints, Environmental Findings, Investigations Litigation, appeals process, Senior Community protection, Energy Reorganization Act of Retaliation complaints, Surface Service Employment Program, Services 1974, as amended. Transportation Assistance Act of 1982. to participants. 29 CFR Part 26 29 CFR Part 1979 20 CFR Part 655 Administrative practice and procedure. Administrative practice and Administrative practice and procedure, Employee protection, procedure, Labor certification process 29 CFR Part 29 Findings, Litigation, Investigations, for temporary employment. Administrative practice and Retaliation complaints, Wendell H Ford 20 CFR Part 658 procedure, Apprenticeship programs, Aviation Investment and Reform Act for Labor standards, State apprenticeship the 21st Century. Administrative practice and agencies. 29 CFR Part 1980 procedure, Complaint system, Discontinuation of services, State 29 CFR Part 37 Administrative practice and workforce agency compliance, Federal Administrative practice and procedure, Employee protection, application of remedial action to state procedure, Workforce Investment Act of Findings, Investigations, Litigation, workforce agencies, Wagner-Peyser Act 1998, Obligations of recipients and Retaliation complaints, Sarbanes-Oxley Employment Service. governors, Compliance procedures. Act of 2002.

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29 CFR Part 1981 DEPARTMENT OF LABOR official who signed the final determination. Administrative practice and Title 20: Employees’ Benefits * * * * * procedure, Employee protection, Employment and Training (5) The decision of the ALJ constitutes Findings, Litigation, Investigations, Administration final agency action unless, within 21 Pipeline Safety Improvement Act of days of the decision, a party dissatisfied 2002, Retaliation complaints. PART 641—PROVISIONS GOVERNING with the ALJ’s decision, in whole or in THE SENIOR COMMUNITY SERVICE part, has filed a petition for review with 29 CFR Part 1982 EMPLOYMENT PROGRAM the ARB (established under Secretary’s Administrative practice and Order No. 01–2020), specifically ■ 1. The authority citation for part 641 procedure, Employee protection, identifying the procedure, fact, law, or continues to read as follows: Findings, Litigation, Investigations, policy to which exception is taken, in National Transit Systems Security Act, Authority: 42 U.S.C. 3056 et seq.; Pub. L. accordance with 29 CFR part 26. The Federal Railroad Safety Act, Retaliation 114–144, 130 Stat. 334 (Apr. 19, 2016). Department will deem any exception complaints. ■ 2. In § 641.900, revise paragraphs (d) not specifically argued to have been 29 CFR Part 1983 and (e) to read as follows: waived. A copy of the petition for review must be sent to the grant officer Administrative practice and § 641.900 What appeal process is available at that time. If, within 30 days of the procedure, Consumer Product Safety to an applicant that does not receive a filing of the petition for review, the ARB Improvement Act of 2008, Employee grant? does not notify the parties that the case protection, Findings, Investigations, * * * * * has been accepted for review, then the Litigation, Retaliation complaints. (d) A request for a hearing must be decision of the ALJ constitutes final 29 CFR Part 1984 filed with the Chief Administrative Law agency action. In any case accepted by Judge, U.S. Department of Labor, with the ARB, a decision must be issued by Administrative practice and one copy to the Departmental official the ARB within 180 days of acceptance. procedure, Affordable Care Act, who issued the determination. If a decision is not so issued, the Employee protection, Findings, (e) The decision of the ALJ constitutes decision of the ALJ constitutes final Investigations, Litigation, Retaliation final agency action unless, within 21 agency action. complaints. days of the decision, a party dissatisfied PART 655—TEMPORARY 29 CFR Part 1985 with the ALJ’s decision, in whole or in EMPLOYMENT OF FOREIGN part, has filed a petition for review with WORKERS IN THE UNITED STATES Administrative practice and the Administrative Review Board (ARB) procedure, Consumer Financial (established under Secretary’s Order No. ■ 4. The authority citation for part 655 Protection Act of 2010, Employee 01–2020), specifically identifying the continues to read as follows: protection, Findings, Investigations, procedure, fact, law, or policy to which Litigation, Retaliation complaints. Authority: Section 655.0 issued under 8 exception is taken, in accordance with U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) 29 CFR Part 1986 29 CFR part 26. The Department will and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), and deem any exception not specifically (t), 1184(c), (g), and (j), 1188, and 1288(c) and Administrative practice and urged to have been waived. A copy of (d); sec. 3(c)(1), Pub. L. 101–238, 103 Stat. procedure, Employee protection, the petition for review must be sent to 2099, 2102 (8 U.S.C. 1182 note); sec. 221(a), Findings, Investigations, Litigation, the grant officer at that time. If, within Pub. L. 101–649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102– Retaliation complaints, Seaman’s 30 days of the filing of the petition for Protection Act. 232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 review, the ARB does not notify the note); sec. 323(c), Pub. L. 103–206, 107 Stat. 29 CFR Part 1987 parties that the case has been accepted 2428; sec. 412(e), Pub. L. 105–277, 112 Stat. for review, then the decision of the ALJ 2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L. Administrative practice and constitutes final agency action. In any 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 procedure, Employee protection, FDA case accepted by the ARB, a decision note); 29 U.S.C. 49k; Pub. L. 107–296, 116 Food Safety Modernization Act, must be issued by the ARB within 180 Stat. 2135, as amended; Pub. L. 109–423, 120 Findings, Investigations, Litigation, days of acceptance. If a decision is not Stat. 2900; 8 CFR 214.2(h)(4)(i); 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115–218, Retaliation complaints. so issued, the decision of the ALJ 132 Stat. 1547 (48 U.S.C. 1806). constitutes final agency action. 29 CFR Part 1988 Subpart A issued under 8 CFR 214.2(h). * * * * * Subpart B issued under 8 U.S.C. Administrative practice and ■ 3. In § 641.920, revise paragraphs 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 procedure, Employee protection, (d)(1) and (5) to read as follows: CFR 214.2(h). Findings, Investigations, Litigation, Subpart E issued under 48 U.S.C. 1806. Moving Ahead for Progress in the 21st § 641.920 What actions of the Department Subparts F and G issued under 8 U.S.C. Century Act, Retaliation complaints. may a grantee appeal and what procedures 1288(c) and (d); sec. 323(c), Pub. L. 103–206, apply to those appeals? 107 Stat. 2428; and 28 U.S.C. 2461 note, Pub. 41 CFR Part 60–30 * * * * * L. 114–74 at section 701. Subparts H and I issued under 8 U.S.C. Administrative practice and (d) * * * 1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and procedure, Equal opportunity, Executive (1) Within 21 days of receipt of the (t), and 1184(g) and (j); sec. 303(a)(8), Pub. L. Order 11246, Property management, Department’s final determination, the 102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 Public contracts. grantee may file a request for a hearing note); sec. 412(e), Pub. L. 105–277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 For the reasons discussed in the with the Chief Administrative Law note, Pub. L. 114–74 at section 701. preamble, the Department amends Titles Judge, United States Department of Subparts L and M issued under 8 U.S.C. 20, 29, and 41 of the Code of Federal Labor, in accordance with 29 CFR part 1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), Regulations as set forth below: 18, with a copy to the Department Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C.

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1182 note); Pub. L. 109–423, 120 Stat. 2900; not to accept the petition upon the ALJ (f) All documents submitted to the and 8 CFR 214.2(h). and upon all parties to the proceeding. Board shall be filed with the * * * * * * * * * * Administrative Review Board in ■ accordance with 29 CFR part 26. ■ 5. In § 655.182, revise paragraphs 6. In § 655.473, revise paragraphs (f)(3)(i) and (f)(5)(i) to read as follows: Documents are not deemed filed with (f)(3) and (f)(5)(i) to read as follows: the Board until actually received by the § 655.473 Debarment. § 655.182 Debarment. Board. All documents, including * * * * * documents filed by mail, shall be * * * * * (f) * * * received by the Board either on or (f) * * * (3) Request for review. (i) The before the due date. (3) Hearing. The recipient of a Notice recipient of a Notice of Debarment or * * * * * of Debarment may request a debarment Final Determination seeking to ■ 8. In § 655.1245, revise paragraph (f) hearing within 30 calendar days of the challenge the debarment must request to read as follows: date of a Notice of Debarment or the review of the debarment within 30 date of a final determination of the calendar days of the date of the Notice § 655.1245 Who can appeal the ALJ’s decision and what is the process? OFLC Administrator after review of of Debarment or the date of the Final rebuttal evidence submitted pursuant to Determination by the OFLC * * * * * § 655.182(f)(2). To obtain a debarment Administrator after review of rebuttal (f) All documents submitted to the hearing, the debarred party must, within evidence submitted under paragraph Board must be filed with the 30 days of the date of the Notice or the (f)(2) of this section. A request for Administrative Review Board in final determination, file a written review of debarment must be filed in accordance with 29 CFR part 26. request with the Chief Administrative writing with the Chief ALJ, United Documents are not deemed filed with Law Judge, United States Department of States Department of Labor, in the Board until actually received by the Labor, in accordance with 29 CFR part accordance with 29 CFR part 18, with a Board. All documents, including 18, and simultaneously serve a copy to simultaneous copy served on the OFLC documents filed by mail, must be the OFLC Administrator. The debarment Administrator; the request must clearly received by the Board either on or will take effect 30 days from the date the identify the particular debarment before the due date. Notice of Debarment or final determination for which review is * * * * * determination is issued, unless a request sought; and must set forth the particular grounds for the request. If no timely PART 658—ADMINISTRATIVE for review is properly filed within 30 request for review is filed, the PROVISIONS GOVERNING THE days from the issuance of the Notice of debarment will take effect on the date WAGNER–PEYSER ACT Debarment or final determination. The specified in the Notice of Debarment or EMPLOYMENT SERVICE timely filing of a request for a hearing Final Determination, or if no date is stays the debarment pending the specified, 30 calendar days from the ■ 9. The authority citation for part 658 outcome of the hearing. Within 10 days date the Notice of Debarment or Final continues to read as follows: of receipt of the request for a hearing, Determination is issued. Authority: Secs. 189, 503, Pub. L. 113– the OFLC Administrator will send a * * * * * 128, 128 Stat. 1425 (Jul. 22, 2014); 29 U.S.C. certified copy of the ETA case file to the chapter 4B. Chief ALJ by means normally assuring (5) Review by the ARB. (i) Any party ■ next-day delivery. The Chief ALJ will wishing review of the decision of an ALJ 10. In § 658.710, revise paragraph (d) immediately assign an ALJ to conduct must, within 30 calendar days of the to read as follows: the hearing. The procedures in 29 CFR decision of the ALJ, petition the ARB to review the decision in accordance with § 658.710 Decision of the Administrative part 18 apply to such hearings, except Law Judge. that the request for a hearing will not be 29 CFR part 26. Copies of the petition must be served on all parties and on the * * * * * considered to be a complaint to which (d) If the case involves the an answer is required. ALJ. The ARB will decide whether to accept the petition within 30 calendar decertification of an appeal to the SWA, * * * * * days of receipt. If the ARB declines to the decision of the ALJ must contain a (5) Review by the ARB. (i) Any party accept the petition, or if the ARB does notice stating that, within 30 calendar wishing review of the decision of an ALJ not issue a notice accepting a petition days of the decision, the SWA or the must, within 30 days of the decision of within 30 calendar days after the receipt Administrator may appeal to the the ALJ, petition the ARB to review the of a timely filing of the petition, the Administrative Review Board, United decision in accordance with 29 CFR part decision of the ALJ is the final agency States Department of Labor, by filing an 26. Copies of the petition must be action. If a petition for review is appeal with the Administrative Review served on all parties and on the ALJ. accepted, the decision of the ALJ will be Board in accordance with 29 CFR part The ARB will decide whether to accept stayed unless and until the ARB issues 26. an order affirming the decision. The the petition within 30 days of receipt. If PART 667—ADMINISTRATIVE ARB must serve notice of its decision to the ARB declines to accept the petition, PROVISIONS UNDER TITLE I OF THE accept or not to accept the petition upon or if the ARB does not issue a notice WORKFORCE INVESTMENT ACT accepting a petition within 30 days after the ALJ and upon all parties to the the receipt of a timely filing of the proceeding. ■ 11. The authority citation for part 667 petition, the decision of the ALJ will be * * * * * continues to read as follows: deemed the final agency action. If a ■ 7. In § 655.845, revise paragraph (f) to Authority: Subtitle C of Title I, Sec. 506(c), petition for review is accepted, the read as follows: Pub. L. 105–220, 112 Stat. 936 (20 U.S.C. decision of the ALJ will be stayed unless 9276(c)); Executive Order 13198, 66 FR 8497, and until the ARB issues an order § 655.845 What rules apply to appeal of the 3 CFR 2001 Comp., p. 750; Executive Order affirming the decision. The ARB must decision of the administrative law judge? 13279, 67 FR 77141, 3 CFR 2002 Comp., p. serve notice of its decision to accept or * * * * * 258.

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■ 12. In § 667.800, revise paragraph (d) one copy to the Departmental official service need not be made by certified to read as follows: who issued the determination. mail. If service is made by delivery, it * * * * * shall be considered complete upon § 667.800 What actions of the Department actual receipt by the person, officer, or may be appealed to the Office of ■ 16. In § 683.830, revise paragraph (b) attorney; upon leaving it at the person’s, Administrative Law Judges? to read as follows: officer’s, or attorney’s office with a clerk * * * * * § 683.830 When will the Administrative or person in charge; upon leaving it at (d) A request for a hearing must be Law Judge issue a decision? a conspicuous place in the office if no filed with the Chief Administrative Law * * * * * one is in charge; or by leaving it at the Judge, U.S. Department of Labor, in (b) The decision of the ALJ constitutes person’s or attorney’s residence. accordance with 29 CFR part 18, with final agency action unless, within 20 (b) Service made after a complaint is one copy to the Departmental official days of the decision, a party dissatisfied filed under § 726.309 must be made in who issued the determination. with the ALJ’s decision has filed a accordance with 29 CFR part 18, as * * * * * petition for review with the appropriate. When proceedings are initiated for review by the ■ 13. In § 667.830, revise paragraph (b) Administrative Review Board (ARB) Administrative Review Board under to read as follows: (established under Secretary’s Order No. 01–2020), specifically identifying the § 726.314, service must be made in § 667.830 When will the Administrative procedure, fact, law, or policy to which accordance with 29 CFR part 26, as Law Judge issue a decision? exception is taken, in accordance with appropriate. * * * * * 29 CFR part 26. Any exception not * * * * * (b) The decision of the ALJ constitutes specifically raised in the petition is ■ 19. In § 726.314, revise the section final agency action unless, within 20 deemed to have been waived. A copy of heading and paragraph (a) to read as days of the decision, a party dissatisfied the petition for review also must be sent follows: to the opposing party and if an with the ALJ’s decision has filed a § 726.314 Review by the Administrative petition for review with the applicant or recipient, to the Grant Review Board. Administrative Review Board (ARB) Officer and the Grant Officer’s Counsel (a) The Director or any party (established under Secretary’s Order No. at the time of filing. Unless the ARB, aggrieved by a decision of the 01–2020), specifically identifying the within 30 days of the filing of the Administrative Law Judge may petition petition for review, notifies the parties procedure, fact, law, or policy to which the Administrative Review Board that the case has been accepted for exception is taken, in accordance with (Board) for review of the decision by review, the decision of the ALJ 29 CFR part 26. Any exception not filing a petition within 30 days of the constitutes final agency action. In any specifically urged is deemed to have date on which the decision was issued. case accepted by the ARB, a decision been waived. A copy of the petition for Any other party may file a cross-petition review must be sent to the opposing must be issued by the ARB within 180 for review within 15 days of its receipt party at that time. Thereafter, the days of acceptance. If a decision is not of a petition for review or within 30 decision of the ALJ constitutes final so issued, the decision of the ALJ days of the date on which the decision agency action unless the ARB, within 30 constitutes final agency action. was issued, whichever is later. Copies of days of the filing of the petition for any petition or cross-petition shall be review, notifies the parties that the case PART 726—BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE served on all parties and on the Chief has been accepted for review. In any Administrative Law Judge. case accepted by the ARB, a decision OPERATOR’S INSURANCE * * * * * must be issued by the ARB within 180 ■ days of acceptance. If a decision is not 17. The authority citation for part 726 ■ 20. Revise § 726.316 to read as so issued, the decision of the ALJ is revised to read as follows: follows: constitutes final agency action. Authority: 5 U.S.C. 301; 30 U.S.C. 901 et § 726.316 Filing and service. seq., 902(f), 925, 932, 933, 934, 936; 33 U.S.C. PART 683—ADMINISTRATIVE 901 et seq.; 28 U.S.C. 2461 note (Federal Civil (a) Filing. All documents submitted to PROVISIONS UNDER TITLE I OF THE Penalties Inflation Adjustment Act of 1990 the Administrative Review Board WORKFORCE INNOVATION AND (as amended by the Federal Civil Penalties (Board) shall be filed in accordance with OPPORTUNITY ACT Inflation Adjustment Act Improvements Act 29 CFR part 26. of 2015)); Pub. L. 114–74 at sec. 701; (b) Computation of time for delivery Reorganization Plan No. 6 of 1950, 15 FR ■ by mail. Documents are not deemed 14. The authority citation for part 683 3174; Secretary’s Order 10–2009, 74 FR is revised to read as follows: filed with the Board until actually 58834. received by the Board either on or Authority: Secs. 102, 116, 121, 127, 128, ■ 18. In § 726.308, revise paragraphs (a) before the due date. No additional time 132, 133, 147, 167, 169, 171, 181, 185, 186, and (b) to read as follows: shall be added where service of a 189, 195, 503, Public Law 113–128, 128 Stat. document requiring action within a 1425 (Jul. 22, 2014). § 726.308 Service and computation of prescribed time was made by mail. time. ■ 15. In § 683.800, revise paragraph (d) (c) Manner and proof of service. A to read as follows: (a) Service of documents under this copy of each document filed with the subpart while the matter is before Board shall be served upon all other § 683.800 What actions of the Department OWCP shall be made by delivery to the parties involved in the proceeding in may be appealed to the Office of person, an officer of a corporation, or accordance with 29 CFR part 26. Administrative Law Judges? attorney of record, or by mailing the ■ 21. Revise § 726.317 to read as * * * * * document to the last known address of follows: (d) A request for a hearing must be the person, officer, or attorney. If service filed with the Chief Administrative Law is made by mail, it shall be considered § 726.317 Discretionary review. Judge, U.S. Department of Labor, in complete upon mailing. Unless (a) Following receipt of a timely accordance with 29 CFR part 18, with otherwise provided in this subpart, petition for review, the Administrative

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Review Board (Board) shall determine with 29 CFR part 26. In addition, copies ■ d. Revising newly redesignated whether the decision warrants review, of the petition shall be served upon each paragraph (b). and shall send a notice of such of the following: The revisions read as follows: determination to the parties and the (a) The Federal, State, or local agency, Chief Administrative Law Judge. If the or agencies involved; § 7.16 Filing and service. Board declines to review the decision, (b) The officer issuing the wage (a) Filing. All papers submitted to the the Administrative Law Judge’s decision determination; and Board under this part shall be filed with shall be considered the final decision of (c) Any other person (or the the Clerk of the Appellate Boards, U.S. the agency. The Board’s determination authorized representatives of such Department of Labor. to review a decision by an persons) known, or reasonably (b) Manner of service. Service under Administrative Law Judge under this expected, to be interested in the subject this part shall be by the filing party or subpart is solely within the discretion of matter of the petition. interested person and in accordance the Board. ■ 25. Revise § 7.7 to read as follows: (b) The Board’s notice shall specify: with 29 CFR part 26. Service by mail is (1) The issue or issues to be reviewed; § 7.7 Presentations of other interested complete on mailing. and persons. * * * * * (2) The schedule for submitting Interested persons other than the arguments, in the form of briefs or such petitioner shall have a reasonable PART 8—PRACTICE BEFORE THE other pleadings as the Board deems opportunity as specified by the Board in ADMINISTRATIVE REVIEW BOARD appropriate. particular cases to submit to the Board WITH REGARD TO FEDERAL SERVICE (c) Upon receipt of the Board notice, written data, views, or arguments CONTRACTS the Director shall forward the record to relating to the petition. Such matter ■ the Board. should be filed with the Administrative 29. The authority citation for part 8 is ■ 22. Revise § 726.318 to read as Review Board, U.S. Department of revised to read as follows: follows: Labor, in accordance with 29 CFR part Authority: Secs. 4 and 5, 79 Stat. 1034, 26. Copies of any such matter shall be 1035, as amended by 86 Stat. 789, 790, 41 § 726.318 Decision of the Administrative U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No. Review Board. served on the petitioner and other interested persons. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; The Administrative Review Board’s 76 Stat. 357–359, 40 U.S.C. 327–332; ■ (Board) review shall be based upon the 26. In § 7.9, revise paragraph (a) to Secretary’s Order No. 01–2020, 85 FR 13186 hearing record. The findings of fact in read as follows: (March 6, 2020). the decision under review shall be § 7.9 Review of decisions in other ■ 30. Amend § 8.10 by: conclusive if supported by substantial proceedings. ■ a. Revising paragraph (a); evidence in the record as a whole. The (a) Any party or aggrieved person ■ Board’s review of conclusions of law shall have a right to file a petition for b. Removing paragraph (b); shall be de novo. Upon review of the review with the Board within a ■ c. Redesignating paragraphs (c), (d), decision, the Board may affirm, reverse, reasonable time from any final decision and (e) as paragraphs (b), (c), and (d); modify, or vacate the decision, and may in any agency action under part 1, 3, or and remand the case to the Office of 5 of this subtitle. ■ d. Revising newly redesignated Administrative Law Judges for further paragraph (b). proceedings. The Board’s decision shall * * * * * be served upon all parties and the Chief ■ 27. Revise § 7.12 to read as follows: The revisions read as follows: Administrative Law Judge in accordance § 7.12 Intervention; other participation. § 8.10 Filing and service. with 29 CFR part 26. (a) For good cause shown, the Board (a) Filing. All papers submitted to the Title 29: Labor may permit any interested person or Board under this part shall be filed with Office of the Secretary of Labor party to intervene or otherwise the Clerk of the Appellate Boards, U.S. participate in any proceeding held by Department of Labor. PART 7—PRACTICE BEFORE THE the Board. Except when requested orally (b) Manner of service. Service under ADMINISTRATIVE REVIEW BOARD before the Board, a petition to intervene this part shall be in accordance with 29 WITH REGARD TO FEDERAL AND or otherwise participate shall be in CFR part 26. Service by mail is complete FEDERALLY ASSISTED writing and shall state with precision on mailing. For purposes of this part, CONSTRUCTION CONTRACTS and particularity: filing is accomplished upon the day of (1) The petitioner’s relationship to the service, by mail or otherwise. ■ 23. The authority citation for part 7 is matters involved in the proceedings; * * * * * revised to read as follows: and Authority: Reorg. Plan No. 14 of 1950, 64 (2) The nature of the presentation ■ 31. In § 8.12, by revise the Stat. 1267; 5 U.S.C. 301, 3 CFR, 1949–1953 which he would make. introductory text to read as follows: Comp., p. 1007; sec. 2, 48 Stat. 948 as (b) Copies of the petition shall be amended; 40 U.S.C. 276c; secs. 104, 105, 76 served to all parties or interested § 8.12 Intervention; other participation. Stat. 358, 359; 40 U.S.C. 330, 331; 65 Stat. persons known to participate in the For good cause shown, the Board may 290; 36 FR 306, 8755; Secretary’s Order No. 01–2020, 85 FR 13186 (March 6, 2020). proceeding, who may respond to the permit any interested party to intervene petition. Appropriate service shall be or otherwise participate in any ■ 24. Revise § 7.3 to read as follows: made of any response. proceeding held by the Board. Except § 7.3 Where to file. ■ 28. Amend § 7.16 by: when requested orally before the Board, The petition accompanied by a ■ a. Revising paragraph (a); a petition to intervene or otherwise statement of service shall be filed with ■ b. Removing paragraph (b); participate shall be in writing and shall the Administrative Review Board, U.S. ■ c. Redesignating paragraphs (c) and state with precision and particularity: Department of Labor, in accordance (d) as paragraphs (b) and (c); and * * * * *

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PART 22—PROGRAM FRAUD CIVIL ■ 37. In § 22.16, revise paragraph (f)(3) (d) Unless the initial decision of the REMEDIES ACT OF 1986 to read as follows: ALJ is timely appealed to the ARB, or a motion for reconsideration of the ■ 32. The authority citation for part 22 § 22.16 Disqualification of reviewing initial decision is timely filed, the initial official or ALJ. continues to read as follows: decision shall constitute the final * * * * * decision of the authority head and shall Authority: Pub. L. 99–509, § 6101–6104, (f) * * * 100 Stat. 1874, 31 U.S.C. 3801–3812. be final and binding on the parties 30 (3) If the ALJ denies a motion to days after it is issued by the ALJ. ■ 33. In § 22.2: disqualify, the ARB may determine the ■ ■ a. Redesignate paragraphs (b) through matter only as part of its review of the 42. In § 22.38, revise paragraphs (f) (r) as paragraphs (c) through (s); and initial decision upon appeal, if any. and (g) to read as follows: ■ b. Add new paragraph (b). ■ 38. In § 22.26, revise paragraphs (b) § 22.38 Reconsideration of initial decision. The addition reads as follows: and (c) to read as follows: * * * * * § 22.2 Definitions § 22.26 Form, filing and service of papers. (f) If the ALJ denies a motion for reconsideration, the initial decision * * * * * * * * * * shall constitute the final decision of the (b) ARB means the Administrative (b) Service. A party filing a document authority head and shall be final and Review Board delegated to act as the with the ALJ shall, at the time of filing, binding on the parties 30 days after the authorized representative of the serve a copy of such document on every ALJ denies the motion, unless the initial Secretary of Labor in review or on other party. Service upon any party of decision is timely appealed to the ARB appeal of decisions and any document other than those required in accordance with § 22.39. recommendations as provided in to be served as prescribed in § 22.8 shall (g) If the ALJ issues a revised initial Secretary’s Order 01–2020 (or any be made in accordance with 29 CFR part decision, that decision shall constitute successor to that order). 18. When a party is represented by a the final decision of the authority head representative, service shall be made * * * * * and shall be final and binding on the upon such representative in lieu of the ■ 34. In § 22.10, remove the words parties 30 days after it is issued, unless actual party. ‘‘authority head’’ and add in their place (c) Proof of service. A certificate of the it is timely appealed to the ARB in the word ‘‘ARB’’ wherever they occur in individual serving the document, setting accordance with § 22.39. paragraphs (h) through (k) and revise forth the manner of service, shall be ■ 43. In § 22.39, revise paragraphs (a), paragraph (l). proof of service. (b)(3), (c), (f), and (h) through (l) to read The revision reads as follows: as follows: § 22.31 [Amended] § 22.10 Default upon failure to file an § 22.39 Appeal to ARB. answer. ■ 39. In § 22.31, remove the words ‘‘authority head’’ and add in their place (a) Any defendant who has filed a * * * * * timely answer and who is determined in (l) If the ARB decides that the the word ‘‘ARB’’ in paragraphs (a), (b) introductory text, and (c). an initial decision to be liable for a civil defendant’s failure to file a timely penalty or assessment may appeal such ■ 40. In § 22.35, revise paragraph (b) to answer is not excused, the ARB shall decision to the ARB by filing a notice read as follows: reinstate the initial decision of the ALJ, of appeal with the ARB in accordance which shall become final and binding § 22.35 The record. with this section and with 29 CFR part upon the parties 30 days after the ARB * * * * * 26. issues such decision and it becomes (b) The transcript of testimony, (b) * * * final in accordance with Secretary’s exhibits, and other evidence admitted at (3) The ARB may extend the initial Order 01–2020 (or any successor to that the hearing, and all papers and requests 30-day period for an additional 30 days order). filed in the proceeding constitute the if the defendant files with the ARB a ■ 35. In § 22.12, revise paragraph (a) to record for the decision by the ALJ, the request for an extension within the read as follows: ARB, and the authority head. initial 30-day period and shows good cause. * * * * * § 22.12 Notice of hearing. (c) If the defendant files a timely ■ (a) When the ALJ receives the 41. In § 22.37, revise paragraphs (c) notice of appeal with the ARB, and the complaint and answer, the ALJ shall and (d) to read as follows: time for filing motions for promptly serve a notice of hearing upon § 22.37 Initial decision. reconsideration under § 22.38 has the defendant in the manner prescribed * * * * * expired, the ALJ shall forward the by 29 CFR part 18. At the same time, the (c) The ALJ shall promptly serve the record of the proceeding to the ARB. ALJ shall send a copy of such notice to initial decision on all parties within 90 * * * * * the representative for the Government. days after the time for submission of (f) There is no right to appear * * * * * post-hearing briefs and reply briefs (if personally before the ARB. ■ 36. In § 22.14, revise paragraph (a)(2) permitted) has expired. The ALJ shall at * * * * * to read as follows: the same time serve all parties with a (h) In reviewing the initial decision, statement describing the right of any the ARB shall not consider any § 22.14 Separation of functions. defendant determined to be liable for a objection that was not raised before the (a) * * * civil penalty or assessment to file a ALJ unless a demonstration is made of (2) Participate or advise in the initial motion for reconsideration with the ALJ extraordinary circumstances causing the decision or the review of the initial or a notice of appeal with the ARB. If failure to raise the objection. decision by the ARB, except as a the ALJ fails to meet the deadline (i) If any party demonstrates to the witness or a representative in public contained in this paragraph, the ALJ satisfaction of the ARB that additional proceedings; or shall notify the parties of the reason for evidence not presented at such hearing * * * * * the delay and shall set a new deadline. is material and that there were

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reasonable grounds for the failure to Assistant Secretary will file a copy of section, a timely petition for review is present such evidence at such hearing, the original complaint and a copy of the filed with the ARB and the ARB accepts the ARB shall remand the matter to the findings and order with the Chief the case for review. The parties should ALJ for consideration of such additional Administrative Law Judge, U.S. identify in their petitions for review the evidence. Department of Labor. legal conclusions or orders to which (j) The ARB may affirm, reduce, * * * * * they object, or the objections will reverse, compromise, remand, or settle ■ 47. In § 24.106, revise paragraph (a) to ordinarily be deemed waived. A petition any penalty or assessment, determined read as follows: must be filed within 10 business days of by the ALJ in any initial decision. The the date of the decision of the ALJ. The ARB’s decision is subject to § 24.106 Objections to the findings and date of the postmark, facsimile discretionary review by the Secretary as order and request for a hearing. transmittal, email communication, or provided in Secretary’s Order 01–2020 (a) Any party who desires review, electronic submission will be (or any successor to that order). including judicial review, of the considered to be the date of filing; if the (k) The ARB shall promptly serve findings and order must file any petition is filed in person, by hand- each party to the appeal with a copy of objections and/or a request for a hearing delivery or other means, the petition is the decision of the ARB and a statement on the record within 30 days of receipt considered filed upon receipt. The describing the right of any person of the findings and order pursuant to petition must be served on all parties determined to be liable for a penalty or § 24.105(b). The objection and/or and on the Chief Administrative Law assessment to seek judicial review. request for a hearing must be in writing Judge at the time it is filed with the (l) Unless a petition for review is filed and state whether the objection is to the ARB. Copies of the petition for review as provided in 31 U.S.C. 3805 after a findings and/or the order. The date of and all briefs must be served on the defendant has exhausted all the postmark, facsimile transmittal, Assistant Secretary, Occupational Safety administrative remedies under this part email communication, or electronic and Health Administration, and on the and within 60 days after the date on submission will be considered to be the Associate Solicitor, Division of Fair which the authority head serves the date of filing; if the objection is filed in Labor Standards, U.S. Department of defendant with a copy of the authority person, by hand-delivery or other Labor. head’s decision, a determination that a means, the objection is filed upon * * * * * defendant is liable under § 22.3 is final receipt. Objections must be filed with (c) The final decision of the ARB will and is not subject to judicial review. the Chief Administrative Law Judge, be issued within 90 days of the filing of ■ 44. In § 22.41, revise paragraph (a) to U.S. Department of Labor, in accordance the complaint. The decision will be read as follows: with 29 CFR part 18, and copies of the served upon all parties and the Chief Administrative Law Judge. The final § 22.41 Stay pending appeal. objections must be served at the same time on the other parties of record, the decision will also be served on the (a) An initial decision is stayed OSHA official who issued the findings Assistant Secretary, Occupational Safety automatically pending disposition of a and order, the Assistant Secretary, and and Health Administration, and on the motion for reconsideration or of an the Associate Solicitor, Division of Fair Associate Solicitor, Division of Fair appeal to the ARB. Labor Standards, U.S. Department of Labor Standards, U.S. Department of * * * * * Labor. Labor, even if the Assistant Secretary is not a party. PART 24—PROCEDURES FOR THE * * * * * HANDLING OF RETALIATION ■ 48. In § 24.107, revise paragraph (b) to * * * * * COMPLAINTS UNDER THE EMPLOYEE read as follows: ■ 50. Add part 26 to read as follows: PROTECTION PROVISIONS OF SIX § 24.107 Hearings. PART 26—ADMINISTRATIVE REVIEW ENVIRONMENTAL STATUTES AND BOARD RULES OF PRACTICE AND SECTION 211 OF THE ENERGY * * * * * PROCEDURE REORGANIZATION ACT OF 1974, AS (b) Upon receipt of an objection and AMENDED request for hearing, the Chief Sec. Administrative Law Judge will promptly 26.1 Purpose and scope. ■ assign the case to a judge who will 45. The authority citation for part 24 26.2 General procedural matters. is revised to read as follows: notify the parties of the day, time, and 26.3 Filing. Authority: 15 U.S.C. 2622; 33 U.S.C. 1367; place of hearing. The hearing is to 26.4 Service. commence expeditiously, except upon a 42 U.S.C. 300j-9(i)BVG, 5851, 6971, 7622, Authority: Secretary’s Order 01–2020, 85 9610; Secretary of Labor’s Order No. 5–2007, showing of good cause or otherwise FR 13186 (March 6, 2020). 72 FR 31160 (June 5, 2007); Secretary’s Order agreed to by the parties. Hearings will No. 01–2020, 85 FR 13186 (March 6, 2020). be conducted de novo, on the record. § 26.1 Purpose and scope. ■ 46. In § 24.105, revise paragraph (b) to * * * * * (a) This part contains the rules of read as follows: ■ 49. In § 24.110, revise paragraphs (a) practice of the Administrative Review and (c) to read as follows: Board (ARB) when it is exercising its § 24.105 Issuance of findings and orders. authority as described in paragraph (b) * * * * * § 24.110 Decision and orders of the of this section. These rules shall govern (b) The findings and order will be sent Administrative Review Board. all appeals and proceedings before the by means that allow OSHA to confirm (a) Any party desiring to seek review, ARB except when inconsistent with a delivery to all parties of record (and including judicial review, of a decision governing statute, regulation, or each party’s legal counsel if the party is of the ALJ must file a written petition executive order, in which event the represented by counsel). The findings for review with the ARB, U.S. latter shall control. and order will inform the parties of their Department of Labor, in accordance (b) The ARB has authority to act as right to file objections and to request a with 29 CFR part 26. The decision of the the authorized representative of the hearing and provide the address of the ALJ will become the final order of the Secretary of Labor in review or on Chief Administrative Law Judge. The Secretary unless, pursuant to this appeal of decisions and

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recommendations as provided in (3) Self-represented persons. Self- (1) Service by personal delivery is Secretary’s Order 01–2020 (or any represented persons may use but are not effected on the date the document is successor to that order). The ARB shall required to use the Department’s delivered to the recipient. act as fully and finally as the Secretary electronic case management system to (2) Service by mail or commercial of Labor concerning such matters, file documents. carrier is effected on mailing or delivery except as provided in Secretary’s Order (4) Filing—date of receipt. Unless a to the carrier. 01–2020 (or any successor to that order). different time is set by statute, (3) Service by electronic means is regulation, executive order, or judge’s effected on sending. § 26.2 General procedural matters. order, a document is considered filed (a) Definitions. (1) ARB means the when received by the Clerk of the PART 29—LABOR STANDARDS FOR Administrative Review Board. Appellate Boards. Documents filed THE REGISTRATION OF (2) Electronic case management through the Department’s electronic APPRENTICESHIP PROGRAMS system means the Department of Labor’s case management system are considered electronic filing and electronic service received by the Clerk of the Appellate ■ 51. The authority citation for part 29 system for adjudications. Boards as of the date and time recorded is revised to read as follows: (b) Computing time. (1) Unless a by the Department’s electronic case different time is set by statute, Authority: Section 1, 50 Stat. 664, as management system. amended (29 U.S.C. 50; 40 U.S.C. 3145; 5 regulation, executive order, or judge’s (5) Signing. A filing made through a U.S.C. 301) Reorganization Plan No. 14 of order, when computing a time period registered user’s account on the 1950, 64 Stat. 1267 (5 U.S.C. App. P. 534). stated in days, (i) Exclude the day of the event that Department’s electronic case ■ 52. In § 29.10, revise paragraphs (a) triggers the period; management system and authorized by introductory text and (c) to read as (ii) Count every day, including that person, together with that person’s follows: intermediate Saturdays, Sundays, and name on a signature block, constitutes § 29.10 Hearings for deregistration. legal holidays; and the person’s signature. (iii) Include the last day of the period, (6) Relief for Technical Failures. A (a) Within 10 days of receipt of a but if the last day is a Saturday, Sunday, person who is adversely affected by a request for a hearing, the Administrator or legal holiday, the period continues to technical failure in connection with of the Office of Apprenticeship must run until the next day that is not a filing or receipt of an electronic contact the Department’s Office of Saturday, Sunday, or legal holiday. document may seek appropriate relief Administrative Law Judges to request (2) Unless a different time is set by from the ARB. If a technical malfunction the designation of an Administrative statute, regulation, executive order, or or other issue prevents access to the Law Judge to preside over the hearing. judge’s order, the ‘‘last day’’ ends: Department’s case management system The Administrative Law Judge shall (i) For electronic filing via the for a protracted period, the ARB by give reasonable notice of such hearing to Department’s electronic case special order may provide appropriate the appropriate sponsor. Such notice management system or via other relief pending restoration of electronic will include: electronic means, at 11:59:59 Eastern access. * * * * * Time on the due date. (b) Alternate methods of filing. Unless (c) The Administrative Law Judge (ii) For non-electronic filing, at the a different time is set by statute, should issue a written decision within time the office of the Clerk of the regulation, executive order, or judge’s 90 days of the close of the hearing Appellate Boards is scheduled to close order, a document filed using a method record. The Administrative Law Judge’s in Washington, DC on the due date. other than the Department’s electronic decision constitutes final agency action (c) Mailing address. The mailing case management system is considered unless, within 15 days from receipt of address for the ARB is: Administrative filed when received by the Clerk of the the decision, a party dissatisfied with Review Board, Clerk of the Appellate Appellate Boards. the decision files a petition for review Boards, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC § 26.4 Service. with the Administrative Review Board 20210. (a) Electronic service. Electronic in accordance with 29 CFR part 26, service may be completed by specifically identifying the procedure, § 26.3 Filing. (1) Electronic mail, if consented to in fact, law, or policy to which exception (a) Filing by electronic submission (e- writing by the person served; or is taken. Any exception not specifically filing) via the Department’s electronic (2) Sending it to a user registered with urged is deemed to have been waived. case management system—(1) Attorneys the Department’s electronic case A copy of the petition for review must and lay representatives. Except as management system by filing via this be served on the opposing party at the otherwise provided in this section, system. A person who registers to use same time in accordance with 29 CFR beginning on April 12, 2021, attorneys the Department’s case management part 26. Thereafter, the decision of the and lay representatives must file all system is deemed to have consented to Administrative Law Judge remains final petitions, pleadings, exhibits, and other accept service through the system. agency action unless the Administrative documents with the ARB via the (b) Non-electronic service. Unless Review Board, within 30 days of the Department’s electronic case otherwise provided by statute, filing of the petition for review, notifies management system. Paper copies are regulation, executive order, or judge’s the parties that it has accepted the case not required unless requested by the order, non-electronic service may be for review. The Administrative Review ARB. completed by: Board may set a briefing schedule or (2) Good cause exception. Attorneys (1) Personal delivery; decide the matter on the record. The and lay representatives may request an (2) Mail; or Administrative Review Board must exemption to e-filing for good cause (3) Commercial delivery. issue a decision in any case it accepts shown. Such a request must include a (c) When service is effected. Unless for review within 180 days of the close detailed explanation why e-filing or otherwise provided by statute, of the record. If a decision is not so acceptance of e-service should not be regulation, executive order, or judge’s issued, the Administrative Law Judge’s required. order, decision constitutes final agency action.

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■ 53. In § 29.13, revise paragraph (g) ■ 55. In § 37.111, revise paragraph (b)(2) notice on the parties that it will review introductory text and paragraph (g)(3) to introductory text to read as follows: the decision. read as follows: (vii) Final decision and order. § 37.111 What hearing procedures does § 29.13 Recognition of State the Department follow? (A) Where exceptions have been filed, Apprenticeship Agencies. the initial decision and order of the * * * * * Administrative Law Judge becomes the * * * * * (b) * * * (g) Denial of State apprenticeship (2) To request a hearing, the grant Final Decision and Order of the agency recognition. A denial by the applicant or recipient must file a written Secretary unless the Board, within 30 Office of Apprenticeship of a State answer to the Final Determination or days of the expiration of the time for Apprenticeship Agency’s application for Notification of Breach of Conciliation filing exceptions and replies, has new or continued recognition must be Agreement, and a copy of the Final notified the parties that the case is in writing and must set forth the reasons Determination or Notification of Breach accepted for review. for denial. The notice must be sent by of Conciliation Agreement, with the (B) Where exceptions have not been certified mail, return receipt requested. Office of the Administrative Law Judges filed, the initial decision and order of In addition to the reasons stated for the in accordance with 29 CFR part 18. the Administrative Law Judge becomes denial, the notice must specify the the Final Decision and Order of the * * * * * Secretary unless the Board has served remedies which must be undertaken ■ 56. Revise § 37.112 to read as follows: prior to consideration of a resubmitted notice on the parties that it will review request, and must state that a request for § 37.112 What procedures for initial and the decision, as provided in paragraph administrative review of a denial of final decisions does the Department follow? (b)(1)(vi) of this section. recognition may be made within 30 (a) Initial decision. After the hearing, (viii) In any case reviewed by the calendar days of receipt of the notice of the Administrative Law Judge must Board under this paragraph, a decision denial from the Department. Such issue an initial decision and order, must be issued within 180 days of the request must be filed with the Chief containing findings of fact and notification of such review. If the Board Administrative Law Judge for the conclusions of law. The initial decision fails to issue a Decision and Order Department in accordance with 29 CFR and order must be served on all parties within the 180–day period, the initial part 18. Within 30 calendar days of the in accordance with 29 CFR part 18. decision and order of the filing of the request for review, the (b) Exceptions; final decision—(1) Administrative Law Judge becomes the Administrator must prepare an Final decision after a hearing. The Final Decision and Order of the administrative record for submission to initial decision and order becomes the Secretary. the Administrative Law Judge Final Decision and Order of the (2) Final Decision where a hearing is designated by the Chief Administrative Secretary unless exceptions are filed by waived. (i) If, after issuance of a Final Law Judge. a party or, in the absence of exceptions, Determination under § 37.100 or * * * * * the Administrative Review Board Notification of Breach of Conciliation (3) Within 20 days of the receipt of (Board) serves notice that it will review Agreement under § 37.104, voluntary the recommended decision, any party the decision. compliance has not been achieved may file exceptions. Any party may file (i) A party dissatisfied with the initial within the time set by this part and the a response to the exceptions filed by decision and order may, within 45 days opportunity for a hearing has been another party within 10 days of receipt of receipt, file with the Board and serve waived as provided for in § 37.111(b)(4), of the exceptions. All exceptions and on the other parties to the proceedings the Final Determination or Notification responses must be filed with the and on the Administrative Law Judge, of Breach of Conciliation Agreement Administrative Review Board with exceptions to the initial decision and becomes the Final Decision of the copies served on all parties and amici order or any part thereof, in accordance Secretary. curiae in accordance with 29 CFR part with 29 CFR part 26. (ii) When a Final Determination or 26. (ii) Upon receipt of exceptions, the Notification of Breach of Conciliation Administrative Law Judge must index * * * * * Agreement becomes the Final Decision and forward the record and the initial of the Secretary, the Secretary may, PART 37—IMPLEMENTATION OF THE decision and order to the Board within within 45 days, issue an order NONDISCRIMINATION AND EQUAL three days of such receipt. terminating or denying the grant or OPPORTUNITY PROVISIONS OF THE (iii) A party filing exceptions must continuation of assistance or imposing WORKFORCE INVESTMENT ACT OF specifically identify the finding or other appropriate sanctions for the grant 1998 (WIA) conclusion to which exception is taken. applicant or recipient’s failure to Any exception not specifically urged is comply with the required corrective ■ 54. The authority citation for part 37 waived. and/or remedial actions, or referring the continues to read as follows: (iv) Within 45 days of the date of matter to the Attorney General for Authority: Sections 134(b), 136(d)(2)(F), filing such exceptions, a reply, which further enforcement action. 136(e), 172(a), 183(c), 185(d)(1)(E), 186, 187 must be limited to the scope of the and 188 of the Workforce Investment Act of exceptions, may be filed and served by PART 38—IMPLEMENTATION OF THE 1998, 29 U.S.C. 2801, et seq.; Title VI of the any other party to the proceeding. NONDISCRIMINATION AND EQUAL Civil Rights Act of 1964, as amended, 42 (v) Requests for extensions for the OPPORTUNITY PROVISIONS OF THE U.S.C. 2000d, et seq.; Section 504 of the filing of exceptions or replies must be WORKFORCE INNOVATION AND Rehabilitation Act of 1973, as amended, 29 received by the Board no later than 3 OPPORTUNITY ACT U.S.C. 794; the Age Discrimination Act of days before the exceptions or replies are 1975, as amended, 42 U.S.C. 6101; Title IX due. ■ 57. The authority citation for part 38 of the Education Amendments of 1972, as continues to read as follows: amended, 29 U.S.C. 1681; Executive Order (vi) If no exceptions are filed, the 13198, 66 FR 8497, 3 CFR 2001 Comp., p. Board may, within 30 days of the Authority: 29 U.S.C. 3101 et seq.; 42 750; and Executive Order 13279, 67 FR expiration of the time for filing U.S.C. 2000d et seq.; 29 U.S.C. 794; 42 U.S.C. 77141, 3 CFR 2002 Comp., p. 258. exceptions, on its own motion serve 6101 et seq.; and 20 U.S.C. 1681 et seq.

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■ 58. In § 38.111, revise paragraph (b)(2) to the grant officer who signed the final § 417.15 Decision of the Administrative introductory text to read as follows: determination. The Chief Review Board. Administrative Law Judge shall Upon appeal filed with the § 38.111 Hearing procedures. designate an administrative law judge to Administrative Review Board pursuant * * * * * hear the appeal. to § 417.14, or within its discretion (b) * * * * * * * * upon its own motion, the complete (2) To request a hearing, the grant record of the proceedings shall be applicant or recipient must file a written (4) Filing exceptions to decision. The certified to it; it shall notify all answer to the Final Determination or decision of the administrative law judge interested persons who participated in Notification of Breach of Conciliation shall constitute final action by the the proceedings; and it shall review the Agreement, and a copy of the Final Secretary of Labor, unless, within 21 record, the exceptions filed and Determination or Notification of Breach days after receipt of the decision of the supporting reasons, and shall issue a of Conciliation Agreement, with the administrative law judge, a party decision as to the adequacy of the Office of the Administrative Law Judges dissatisfied with the decision or any constitution and bylaws for the purpose in accordance with 29 CFR part 18. part thereof has filed exceptions with of removing officers, or shall order such * * * * * the Administrative Review Board (the further proceedings as it deems Board), specifically identifying the ■ appropriate. Its decision shall become a 59. In § 38.112, revise paragraphs (a) procedure or finding of fact, law, or and (b)(1)(i) and (iv) to read as follows: part of the record and shall include a policy with which exception is taken, in statement of its findings and § 38.112 Initial and final decision accordance with 29 CFR part 26. Any conclusions, as well as the reasons or procedures. exceptions not specifically urged shall basis therefor, upon all material issues. (a) Initial decision. After the hearing, be deemed to have been waived. the Administrative Law Judge must Thereafter, the decision of the PART 458—STANDARDS OF issue an initial decision and order, administrative law judge shall become CONDUCT containing findings of fact and the decision of the Secretary, unless the conclusions of law. The initial decision Board, within 30 days of such filing, has ■ 65. The authority for part 458 is and order must be served on all parties. notified the parties that the case has revised to read as follows: (b) * * * been accepted for review. Authority: 5 U.S.C. 7105, 7111, 7120, 7134; (1) * * * * * * * * 22 U.S.C. 4107, 4111, 4117; 2 U.S.C. (i) Exceptions. A party dissatisfied 1351(a)(1); Secretary’s Order No. 03–2012, 77 with the initial decision and order may, Office of Labor-Management Standards FR 69376, November 16, 2012; Secretary’s within 45 days of receipt, file with the Order No. 01–2020, 85 FR 13186 (March 6, PART 417—PROCEDURE FOR 2020). Administrative Review Board and serve REMOVAL OF LOCAL LABOR ■ 66. In § 458.88, revise paragraph (c) to on the other parties to the proceedings ORGANIZATION OFFICERS and on the Administrative Law Judge, read as follows: exceptions to the initial decision and ■ § 458.88 Submission of the Administrative order or any part thereof, in accordance 62. The authority for part 417 continues to read as follows: Law Judge’s recommended decision and with 29 CFR part 26. order to the Administrative Review Board; * * * * * Authority: Secs. 401, 402, 73 Stat. 533, 534 exceptions. (29 U.S.C. 481, 482); Secretary’s Order No. (iv) Reply. Within 45 days of the date * * * * * 03–2012, 77 FR 69376, November 16, 2012; of filing such exceptions, a reply, which (c) Exceptions to the Administrative must be limited to the scope of the Secretary’s Order No. 01–2020, 85 FR 13186 (March 6, 2020). Law Judge’s recommended decision and exceptions, may be filed and served by order may be filed by any party with the any other party to the proceeding in ■ 63. In § 417.14, revise paragraph (a) to Administrative Review Board within accordance with 29 CFR part 26. read as follows: fifteen (15) days after service of the * * * * * recommended decision and order, in § 417.14 Form and time for filing of appeal accordance with 29 CFR part 26. The PART 96—AUDIT REQUIREMENTS with the Administrative Review Board. Administrative Review Board may for FOR GRANTS, CONTRACTS, AND (a) An interested person may appeal good cause shown extend the time for OTHER AGREEMENTS from the Administrative Law Judge’s filing such exceptions. Requests for additional time in which to file ■ initial decision by filing written 60. The authority citation for part 96 exceptions shall be in writing, and continues to read as follows: exceptions with the Administrative Review Board within 15 days of the copies thereof shall be served on the Authority: 31 U.S.C. 7501 et seq. and OMB issuance of the Administrative Law other parties. Requests for extension of Circular No. A–133, as amended. Judge’s initial decision (or such time must be received no later than ■ 61. In § 96.63, revise paragraphs additional time as the Administrative three (3) days before the date the (b)(1)(i) and (b)(4) to read as follows: Review Board may allow), together with exceptions are due. Copies of such supporting reasons for such exceptions, exceptions and any supporting briefs § 96.63 Federal financial assistance. in accordance with 29 CFR part 26. shall be served on all other parties, and * * * * * Blanket appeals shall not be received. a statement of such service shall be (b) * * * Impertinent or scandalous matter may furnished to the Administrative Review (1) * * * be stricken by the Administrative Board. (i) Request for hearing. Within 21 Review Board, or an appeal containing ■ 67. In § 458.90, revise paragraph (a) days of receipt of the grant officer’s final such matter or lacking in specification introductory text to read as follows: determination, the recipient may file a of exceptions may be dismissed. request for hearing with the Chief § 458.90 Briefs in support of exceptions. * * * * * Administrative Law Judge, United (a) Any brief in support of exceptions States Department of Labor, with a copy ■ 64. Revise § 417.15 to read as follows: shall be filed in accordance with 29 CFR

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part 26, contain only matters included § 500.265 Implementation by the § 500.268 Decision of the Administrative within the scope of the exceptions, and Administrative Review Board. Review Board. contain, in the order indicated, the (a) Whenever, on the Administrative (a) The Administrative Review following: Review Board’s (Board) own motion or Board’s (Board) Decision and Order * * * * * upon acceptance of a party’s petition, shall be issued within 120 days from the notice of intent granting the petition, Wage and Hour Division the Board believes that a Decision and Order may warrant modifying or except that in cases involving the review of an Administrative Law Judge PART 500—MIGRANT AND SEASONAL vacating, the Board shall issue a Notice decision in a certificate action as AGRICULTURAL WORKER of Intent to modify or vacate. described in § 500.224(b), the Board’s PROTECTION (b) The Notice of Intent to Modify or decision shall be issued within ninety Vacate a Decision and Order shall (90) days from the date such notice. The ■ 68. The authority for part 500 specify the issue or issues to be Board’s Decision and Order shall be continues to read as follows: considered, the form in which served upon all parties and the Chief Authority: Pub. L. 97–470, 96 Stat. 2583 submission shall be made (i.e., briefs, Administrative Law Judge, in (29 U.S.C. 1801–1872); Secretary’s Order No. oral argument, etc.), and the time within accordance with 29 CFR part 26. 01–2014 (Dec. 19, 2014), 79 FR 77527 (Dec. which such presentation shall be (b) Upon receipt of an Order of the 24, 2014); 28 U.S.C. 2461 Note (Federal Civil submitted. The Board shall closely limit Board modifying or vacating the Penalties Inflation Adjustment Act of 1990); the time within which the briefs must Decision and Order of an and Pub. L. 114–74, 129 Stat 584. be filed or oral presentations made, so Administrative Law Judge, the Chief as to avoid unreasonable delay. ■ 69. In § 500.20, revise paragraph (b) to Administrative Law Judge shall read as follows: (c) The Notice of Intent shall be substitute such Order for the Decision issued within thirty (30) days after the and Order of the Administrative Law § 500.20 Definitions. date of the Decision and Order in Judge. * * * * * question. (c) The Board’s decision is subject to (b) Administrative Law Judge means a (d) Service of the Notice of Intent discretionary review by the Secretary as person appointed as provided in title 5 shall be made upon each party to the provided in Secretary’s Order 01–2020 U.S.C. and qualified to preside at proceeding, and upon the Chief (or any successor to that order). hearings under 5 U.S.C. 557. Chief Administrative Law Judge, in PART 525 EMPLOYMENT OF Administrative Law Judge means the accordance with 29 CFR part 26. WORKERS WITH DISABILITIES UNDER Chief Administrative Law Judge, United ■ 73. Revise § 500.266 to read as SPECIAL CERTIFICATES States Department of Labor. follows: * * * * * ■ 76. The authority citation for part 525 § 500.266 Responsibility of the Office of ■ continues to read as follows: 70. In § 500.263, revise the section Administrative Law Judges. heading and introductory text to read as Authority: 52 Stat. 1060, as amended (29 follows: Upon receipt of the Administrative U.S.C. 201–219); Pub. L. 99–486, 100 Stat. Review Board’s (Board) Notice of Intent 1229 (29 U.S.C. 214). § 500.263 Authority of the Administrative to Modify or Vacate a Decision and ■ 77. In § 525.22, revise paragraphs (e) Review Board. Order of an Administrative Law Judge, through (h) to read as follows: the Chief Administrative Law Judge The Administrative Review Board § 525.22 Employee’s right to petition. may modify or vacate the Decision and shall, within fifteen (15) days, index, Order of the Administrative Law Judge certify, and forward a copy of the * * * * * (e) The ALJ shall issue a decision whenever it concludes that the Decision complete hearing record to the Board. within 30 days after the termination of and Order: ■ 74. Revise § 500.267 to read as the hearing and shall serve the decision * * * * * follows: on the Administrator and all interested ■ 71. In § 500.264, revise paragraph (a) § 500.267 Filing and service. parties in accordance with 29 CFR part to read as follows: 18. The decision shall contain (a) Filing. All documents submitted to appropriate findings and conclusions § 500.264 Procedures for initiating review. the Administrative Review Board and an order. If the ALJ finds that the (a) Within twenty (20) days after the (Board) shall be filed in accordance with special minimum wage being paid or date of the decision of the 29 CFR part 26. which has been paid is not justified, the Administrative Law Judge, the (b) Computation of time for delivery. order shall specify the lawful rate and respondent, the Administrator, or any Documents are not deemed filed with the period of employment to which the other party desiring review thereof, may the Board until actually received by that rate is applicable. In the absence of file with the Administrative Review office. All documents, including evidence sufficient to support the Board (Board) a petition for issuance of documents filed by mail, must be conclusion that the proper wage should a Notice of Intent as described under received by the Board either on or be less than the minimum wage, the ALJ § 500.265. The petition shall be in before the due date. shall order that the minimum wage be paid. writing and shall contain a concise and (c) Manner and proof of service. A (f) Within 15 days after the date of the plain statement specifying the grounds copy of all documents filed with the decision of the ALJ, the petitioner, the on which review is sought. A copy of Board shall be served upon all other Administrator, or the employer who the Decision and Order of the parties involved in the proceeding. seeks review thereof may request review Administrative Law Judge shall be Service under this section shall be in by the Administrative Review Board attached to the petition. accordance with 29 CFR part 26. (Board). The request must be filed in * * * * * ■ 75. Revise § 500.268 to read as accordance with 29 CFR part 26 and ■ 72. Revise 500.265 to read as follows: follows: must include a copy of the ALJ’s

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decision. Any other interested party § 530.406 Decision and order of Administrative Law Judge. The Board’s may file a reply thereto with the Board Administrative Law Judge. decision is subject to discretionary and the Administrator within 5 working * * * * * review by the Secretary as provided in days of receipt of such request for (c) The decision shall be served on all Secretary’s Order 01–2020 (or any review. The request for review and reply parties and the Secretary. The decision successor to that order). thereto shall be transmitted by the when served by the Administrative Law Administrator to all interested parties Judge shall constitute the final order of PART 580 CIVIL MONEY PENALTIES— by a method guaranteeing one-day the Department of Labor unless the PROCEDURES FOR ASSESSING AND delivery. Administrative Review Board, as CONTESTING PENALTIES (g) The decision of the ALJ shall be provided for in § 530.407 of this subpart, determines to review the ■ 85. The authority citation for part 580 deemed to be final agency action 30 continues to read as follows: days after issuance thereof, unless decision. Authority: 29 U.S.C. 9a, 203, 209, 211, 212, within 30 days of the date of the § 530.407 [Amended] decision the Board grants a request to 213(c), 216; Reorg. Plan No. 6 of 1950, 64 ■ 81. In § 530.407, remove the word Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat. review the decision. Where such request ‘‘Secretary’’ wherever it occurs and add 72, 76; Secretary’s Order 01–2014 (Dec. 19, for review is granted, within 30 days in its place the words ‘‘Administrative 2014), 79 FR 77527 (Dec. 24, 2014); 5 U.S.C. after receipt of such request the Board Review Board’’. 500, 503, 551, 559; 103 Stat. 938. shall review the record and shall either ■ 86. In § 580.8, revise paragraphs (a) adopt the decision of the ALJ or issue § 530.408 [Amended] and (c) to read as follows: exceptions. The decision of the ALJ, ■ 82. In § 530.408, remove the word together with any exceptions issued by ‘‘Secretary’’ wherever it occurs and add § 580.8 Service and computation of time. the Board, shall be deemed to be a final in its place the words ‘‘Administrative (a) Service of documents under this agency action, unless the Secretary Review Board’’. subpart shall be made to the individual, exercises discretionary review over the ■ 83. Revise § 530.409 to read as an officer of a corporation, or attorney decision and exceptions as provided in follows: of record in accordance with 29 CFR Secretary’s Order 01–2020 (or any part 18. successor to that order). § 530.409 Decision of the Secretary. * * * * * (h) Within 30 days of issuance of the The Administrative Review Board’s (c) Time will be computed in decision of the ALJ, ARB, or Secretary decision shall be served upon all parties accordance with part 18. becoming a final action, any person and the Administrative Law Judge. The ■ adversely affected or aggrieved by such Administrative Review Board’s decision 87. In § 580.13, revise paragraphs (b) action may seek judicial review is subject to discretionary review by the and (d) to read as follows: pursuant to chapter 7 of title 5, United Secretary as provided in Secretary’s § 580.13 Procedures for appeals to the States Code. The record of the case, Order 01–2020 (or any successor to that Administrative Review Board. including the record of proceedings order). * * * * * before the ALJ, shall be transmitted by ■ 84. In § 530.411, revise paragraphs (c), (b) All documents submitted to the the Board to the appropriate court (d), and (f) to read as follows: Board shall be filed with the pursuant to the rules of such court. § 530.411 Emergency certificate Administrative Review Board in PART 530 EMPLOYMENT OF revocation procedures. accordance with 29 CFR part 26. HOMEWORKERS IN CERTAIN * * * * * * * * * * INDUSTRIES (c) The Office of Administrative Law (d) A copy of each document filed Judges shall notify the parties, with the Board shall be served upon all ■ 78. The authority citation for part 530 electronically or at their last known other parties involved in the proceeding continues to read as follows: address, of the date, time, and place for in accordance with 29 CFR part 26. the hearing, which shall be no more Service by mail is deemed effected at Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C. the time of mailing to the last known 211) as amended by sec. 9, 63 Stat. 910 (29 than 60 days from the date of receipt of U.S.C. 211(d)); Secretary’s Order No. 01–2014 the request for the hearing. All parties address of the party. (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); shall be given at least 5 days’ notice of ■ 88. Revise § 580.16 to read as follows: 28 U.S.C. 2461 note (Federal Civil Penalties such hearing. No requests for Inflation Adjustment Act of 1990); Pub. L. postponement shall be granted except § 580.16 Decision of the Administrative 114–74 at § 701, 129 Stat 584. for compelling reasons. Review Board. (d) The Administrative Law Judge The Board’s decision shall be served ■ 79. In § 530.403, revise paragraph (c) shall issue a decision pursuant to upon all parties and the Chief to read as follows: § 530.406 of this subpart within 30 days Administrative Law Judge. after the termination of a proceeding at § 530.403 Request for hearing. Occupational Safety and Health which evidence was submitted. The * * * * * Administration decision shall be served on all parties (c) In the case of an emergency and the Administrative Review Board revocation, a request for an PART 1978—PROCEDURES FOR THE (‘‘Board’’) and shall constitute the final HANDLING OF RETALIATION administrative hearing shall be filed order of the Department of Labor unless with the Chief Administrative Law COMPLAINTS UNDER THE EMPLOYEE the Board determines to review the PROTECTION PROVISION OF THE Judge in accordance with 29 CFR part decision. 18, and must be received no later than SURFACE TRANSPORTATION * * * * * 20 days after the issuance of the notice ASSISTANCE ACT OF 1982 (STAA), AS (f) The Board’s decision shall be AMENDED referred to in § 530.402 of this subpart. issued within 60 days of the notice by ■ 80. In § 530.406, revise paragraph (c) the Board accepting the submission, and ■ 89. The authority citation for part to read as follows: shall be served upon all parties and the 1978 is revised to read as follows:

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Authority: 49 U.S.C. 31101 and 31105; (b) Upon receipt of an objection and law judge, regardless of whether the Secretary’s Order 1–2012 (Jan. 18, 2012), 77 request for hearing, the Chief named person has filed objections, if the FR 3912 (Jan. 25, 2012); Secretary’s Order Administrative Law Judge will promptly named person alleges that the complaint 01–2020, 85 FR 13186 (March 6, 2020). assign the case to an ALJ who will was frivolous or brought in bad faith. ■ 90. In § 1978.105, revise paragraph (b) notify the parties of the day, time, and The letter also will give the address of to read as follows: place of hearing. The hearing is to the Chief Administrative Law Judge or commence expeditiously, except upon a appropriate information regarding filing § 1978.105 Issuance of findings and showing of good cause or unless objections electronically with the Office preliminary orders. otherwise agreed to by the parties. of Administrative Law Judges. At the * * * * * Hearings will be conducted de novo on same time, the Assistant Secretary will (b) The findings and, where the record. Administrative law judges file with the Chief Administrative Law appropriate, the preliminary order will have broad discretion to limit discovery Judge, U.S. Department of Labor, a copy be sent by means that allow OSHA to in order to expedite the hearing. of the original complaint and a copy of confirm delivery to all parties of record * * * * * the findings and order. (and each party’s legal counsel if the ■ 93. In § 1978.110, revise paragraph (c) * * * * * party is represented by counsel). The to read as follows: ■ findings and, where appropriate, the 96. In § 1979.106, revise paragraph (a) preliminary order will inform the § 1978.110 Decisions and orders of the to read as follows: parties of the right to object to the Administrative Review Board § 1979.106 Objections to the findings and findings and/or the order and to request * * * * * the preliminary order and request for a a hearing. The findings and, where (c) The decision of the ARB will be hearing. appropriate, the preliminary order also issued within 120 days of the (a) Any party who desires review, will give the address of the Chief conclusion of the hearing, which will be including judicial review, of the Administrative Law Judge, U.S. deemed to be 14 days after the date of findings and preliminary order, or a Department of Labor, or appropriate the decision of the ALJ, unless a motion named person alleging that the information regarding filing objections for reconsideration has been filed with complaint was frivolous or brought in electronically with the Office of the ALJ in the interim. In such case, the bad faith who seeks an award of Administrative Law Judges. At the same conclusion of the hearing is the date the attorney’s fees, must file any objections time, the Assistant Secretary will file motion for reconsideration is ruled and/or a request for a hearing on the with the Chief Administrative Law upon or 14 days after a new decision is record within 30 days of receipt of the Judge a copy of the original complaint issued. The ARB’s decision will be findings and preliminary order pursuant and a copy of the findings and/or order. served upon all parties and the Chief to § 1979.105(b). The objection or * * * * * Administrative Law Judge. The decision request for attorney’s fees and request also will be served on the Assistant ■ for a hearing must be in writing and 91. In § 1978.106, revise paragraph (a) Secretary, and on the Associate to read as follows: state whether the objection is to the Solicitor, Division of Occupational findings, the preliminary order, and/or § 1978.106 Objections to the findings and Safety and Health, U.S, Department of whether there should be an award of the preliminary order and request for a Labor, even if the Assistant Secretary is attorney’s fees. The date of the hearing. not a party. postmark, facsimile transmittal, or (a) Any party who desires review, * * * * * electronic transmittal will be considered including judicial review, must file any to be the date of filing; if the objection objections and a request for a hearing on PART 1979—PROCEDURES FOR THE is filed in person, by hand-delivery or the record within 30 days of receipt of HANDLING OF DISCRIMINATION other means, the objection is filed upon the findings and preliminary order COMPLAINTS UNDER SECTION 519 receipt. Objections must be filed with pursuant to § 1978.105(c). The OF THE WENDELL H. FORD AVIATION the Chief Administrative Law Judge, objections and request for a hearing INVESTMENT AND REFORM ACT FOR U.S. Department of Labor, in accordance must be in writing and state whether the THE 21ST CENTURY with 29 CFR part 18, and copies of the objections are to the findings and/or the ■ 94. The authority citation for part objections must be served at the same preliminary order. The date of the 1979 is revised to read as follows: time on the other parties of record, the postmark, facsimile transmittal, or OSHA official who issued the findings electronic transmittal is considered the Authority: 49 U.S.C. 42121; Secretary’s and order, and the Associate Solicitor, date of filing; if the objection is filed in Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order 01–2020, 85 Division of Fair Labor Standards, U.S. person, by hand-delivery or other FR 13186 (March 6, 2020). Department of Labor. means, the objection is filed upon * * * * * receipt. Objections must be filed with ■ 95. In § 1979.105, revise paragraph (b) ■ 97. In § 1979.107, revise paragraph (b) the Chief Administrative Law Judge, to read as follows: to read as follows: U.S. Department of Labor, in accordance § 1979.105 Issuance of findings and with 29 CFR part 18, and copies of the preliminary orders. § 1979.107 Hearings. objections must be served at the same * * * * * * * * * * time on the other parties of record and (b) The findings and the preliminary (b) Upon receipt of an objection and the OSHA official who issued the order will be sent by means that allow request for hearing, the Chief findings. OSHA to confirm delivery to all parties Administrative Law Judge will promptly * * * * * of record. The letter accompanying the assign the case to a judge who will ■ 92. In § 1978.107, revise paragraph (b) findings and order will inform the notify the parties of the day, time, and to read as follows: parties of their right to file objections place of hearing. The hearing is to and to request a hearing, and of the right commence expeditiously, except upon a § 1978.107 Hearings. of the named person to request showing of good cause or unless * * * * * attorney’s fees from the administrative otherwise agreed to by the parties.

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Hearings will be conducted as hearings Labor Standards, U.S. Department of record within 30 days of receipt of the de novo, on the record. Administrative Labor,, even if the Assistant Secretary is findings and preliminary order pursuant law judges shall have broad discretion not a party. to § 1980.105(b). The objections and/or to limit discovery in order to expedite * * * * * request for a hearing must be in writing the hearing. and state whether the objections are to * * * * * PART 1980—PROCEDURES FOR THE the findings and/or the preliminary ■ 98. In § 1979.110, revise paragraphs HANDLING OF RETALIATION order, and/or whether there should be (a) and (c) to read as follows: COMPLAINTS UNDER SECTION 806 an award of attorney fees. The date of OF THE SARBANES–OXLEY ACT OF the postmark, facsimile transmittal, or § 1979.110 Decision and orders of the 2002, AS AMENDED electronic transmittal is considered the Administrative Review Board. date of filing; if the objection is filed in (a) Any party desiring to seek review, ■ 99. The authority citation for part person, by hand-delivery or other including judicial review, of a decision 1980 is revised to read as follows: means, the objection is filed upon of the administrative law judge, or a Authority: 18 U.S.C. 1514A, as amended receipt. Objections must be filed with named person alleging that the by the Dodd-Frank Wall Street Reform and the Chief Administrative Law Judge, complaint was frivolous or brought in Consumer Protection Act of 2010, Pub. L. U.S. Department of Labor, in accordance bad faith who seeks an award of 111–203 (July 21, 2010); Secretary of Labor’s with 29 CFR part 18, and copies of the attorney’s fees, must file a written Order No. 01–2012 (Jan. 18, 2012), 77 FR objections must be served at the same 3912 (Jan. 25, 2012); Secretary’s Order No. petition for review with the 01–2020, 85 FR 13186 (March 6, 2020). time on the other parties of record, the Administrative Review Board (‘‘the OSHA official who issued the findings Board’’). The decision of the ■ 100. In § 1980.105, revise paragraph and order, the Assistant Secretary, and Administrative Law Judge shall become (b) to read as follows: the Associate Solicitor, Division of Fair the final order of the Secretary unless, § 1980.105 Issuance of findings and Labor Standards, U.S. Department of pursuant to this section, a petition for preliminary orders. Labor. review is timely filed with the Board. * * * * * * * * * * The petition for review must (b) The findings, and where ■ 102. In § 1980.107, revise paragraph specifically identify the findings, appropriate, the preliminary order will (b) to read as follows: conclusions, or orders to which be sent by means that allow OSHA to § 1980.107 Hearings. exception is taken. Any exception not confirm delivery to all parties of record specifically urged ordinarily shall be (and each party’s legal counsel if the * * * * * deemed to have been waived by the party is represented by counsel). The (b) Upon receipt of an objection and parties. To be effective, a petition must findings, and where appropriate, the request for hearing, the Chief be filed within ten business days of the preliminary order will inform the Administrative Law Judge will promptly date of the decision of the parties of the right to object to the assign the case to an ALJ who will Administrative Law Judge. The date of findings and/or order and to request a notify the parties of the day, time, and the postmark, facsimile transmittal, or hearing, and of the right of the place of hearing. The hearing is to electronic transmittal will be considered respondent to request an award of commence expeditiously, except upon a to be the date of filing; if the petition is attorney fees not exceeding $1,000 from showing of good cause or unless filed in person, by hand-delivery or the administrative law judge (ALJ) otherwise agreed to by the parties. other means, the petition is considered regardless of whether the respondent Hearings will be conducted de novo, on filed upon receipt. The petition must be has filed objections, if the complaint the record. ALJs have broad discretion served on all parties and on the Chief was frivolous or brought in bad faith. to limit discovery in order to expedite Administrative Law Judge at the time it The findings, and where appropriate, the hearing. is filed with the Board. Copies of the the preliminary order, also will give the * * * * * petition for review and all briefs must address of the Chief Administrative Law ■ 103. In § 1980.110, revise paragraph be served on the Assistant Secretary, Judge, U.S. Department of Labor, or (c) to read as follows: Occupational Safety and Health appropriate information regarding filing Administration, and on the Associate objections electronically with the Office § 1980.110 Decision and orders of the Administrative Review Board. Solicitor, Division of Fair Labor of Administrative Law Judges. At the Standards, U.S. Department of Labor. same time, the Assistant Secretary will * * * * * * * * * * file with the Chief Administrative Law (c) The decision of the ARB shall be (c) The decision of the Board shall be Judge a copy of the original complaint issued within 120 days of the issued within 120 days of the and a copy of the findings and/or order. conclusion of the hearing, which will be deemed to be 14 days after the date of conclusion of the hearing, which shall * * * * * be deemed to be the conclusion of all the decision of the ALJ unless a motion ■ 101. In § 1980.106, revise paragraph proceedings before the Administrative for reconsideration has been filed with (a) to read as follows: Law Judge—i.e., 10 business days after the ALJ in the interim. In such case, the the date of the decision of the § 1980.106 Objections to the findings and conclusion of the hearing is the date the Administrative Law Judge unless a the preliminary order and request for a motion for reconsideration is ruled motion for reconsideration has been heading. upon or 14 days after a new decision is filed with the Administrative Law Judge (a) Any party who desires review, issued. The ARB’s decision will be in the interim. The decision will be including judicial review, of the served upon all parties and the Chief served upon all parties and the Chief findings and preliminary order, or a Administrative Law Judge. The decision Administrative Law Judge. The decision respondent alleging that the complaint will also be served on the Assistant will also be served on the Assistant was frivolous or brought in bad faith Secretary and on the Associate Solicitor, Secretary, Occupational Safety and who seeks an award of attorney fees Division of Fair Labor Standards, even Health Administration, and on the under the Act, must file any objections if the Assistant Secretary is not a party. Associate Solicitor, Division of Fair and/or a request for a hearing on the * * * * *

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PART 1981—PROCEDURES FOR THE other means, the objection is filed upon Authority: 6 U.S.C. 1142 and 49 U.S.C. HANDLING OF DISCRIMINATION receipt. Objections must be filed with 20109; Secretary of Labor’s Order 01–2012 COMPLAINTS UNDER SECTION 6 OF the Chief Administrative Law Judge, (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); THE PIPELINE SAFETY U.S. Department of Labor, in accordance Secretary’s Order No. 01–2020, 85 FR 13186 (March 6, 2020). IMPROVEMENT ACT OF 2002 with 29 CFR part 18, and copies of the objections must be served at the same ■ 110. In § 1982.105, revise paragraph ■ 104. The authority citation for Part time on the other parties of record, the (b) to read as follows: 1981 is revised to read as follows: OSHA official who issued the findings § 1982.105 Decision and orders of the Authority: 49 U.S.C. 60129; Secretary’s and order, and the Associate Solicitor, Administrative Review Board. Issuance of Order 1–2012 (Jan. 18, 2012), 77 FR 3912 Division of Fair Labor Standards, U.S. findings and preliminary orders. (Jan. 25, 2012); Secretary’s Order 01–2020, 85 Department of Labor. FR 13186 (March 6, 2020). * * * * * * * * * * (b) The findings and, where ■ 105. In § 1981.105, revise paragraph ■ 107. In § 1981.107, revise paragraph appropriate, the preliminary order will (b) to read as follows: (b) to read as follows: be sent by means that allow OSHA to § 1981.105 Issuance of findings and confirm delivery to all parties of record § 1981.107 Hearings. preliminary orders. (and each party’s legal counsel if the * * * * * * * * * * party is represented by counsel). The (b) The findings and the preliminary (b) Upon receipt of an objection and findings and, where appropriate, the order will be sent by means that allow request for hearing, the Chief preliminary order will inform the OSHA to confirm delivery to all parties Administrative Law Judge will promptly parties of the right to object to the of record. The letter accompanying the assign the case to a judge who will findings and/or order and to request a findings and order will inform the notify the parties of the day, time, and hearing, and of the right of the parties of their right to file objections place of hearing. The hearing is to respondent under NTSSA to request and to request a hearing, and of the right commence expeditiously, except upon a award of attorney fees not exceeding of the named person to request showing of good cause or unless $1,000 from the administrative law attorney’s fees from the administrative otherwise agreed to by the parties. judge (ALJ) regardless of whether the law judge, regardless of whether the Hearings will be conducted de novo, on respondent has filed objections, if the named person has filed objections, if the the record. Administrative law judges respondent alleges that the complaint named person alleges that the complaint have broad discretion to limit discovery was frivolous or brought in bad faith. was frivolous or brought in bad faith. in order to expedite the hearing. The findings and, where appropriate, The letter also will give the address of * * * * * the preliminary order also will give the the Chief Administrative Law Judge or ■ 108. In § 1981.110, revise paragraph address of the Chief Administrative Law appropriate information regarding filing (c) to read as follows: Judge, U.S. Department of Labor, or objections electronically with the Office appropriate information regarding filing of Administrative Law Judges. At the § 1981.110 Decision and orders of the objections electronically with the Office same time, the Assistant Secretary will Administrative Review Board. of Administrative Law Judges. At the file with the Chief Administrative Law * * * * * same time, the Assistant Secretary will Judge, U.S. Department of Labor, a copy (c) The decision of the Board shall be file with the Chief Administrative Law of the original complaint and a copy of issued within 90 days of the conclusion Judge a copy of the original complaint the findings and order. of the hearing, which will be deemed to and a copy of the findings and/or order. * * * * * be the conclusion of all proceedings * * * * * ■ 106. In § 1981.106, revise paragraph before the Administrative Law Judge— ■ 111. In § 1982.106, revise paragraph (a) to read as follows: i.e., 10 business days after the date of (a) to read as follows: the decision of the Administrative Law § 1981.106 Objections to the findings and Judge unless a motion for § 1982.106 Objections to the findings and the preliminary order and request for a reconsideration has been filed with the the preliminary order and requests for a hearing. Administrative Law Judge in the hearing. (a) Any party who desires review, interim. The decision will be served (a) Any party who desires review, including judicial review, of the upon all parties and the Chief including judicial review, of the findings and preliminary order, or a Administrative Law Judge. The decision findings and preliminary order, or a named person alleging that the will also be served on the Assistant respondent alleging that the complaint complaint was frivolous or brought in Secretary, Occupational Safety and was frivolous or brought in bad faith bad faith who seeks an award of Health Administration, and on the who seeks an award of attorney fees attorney’s fees, must file any objections Associate Solicitor, Division of Fair under NTSSA, must file any objections and/or a request for a hearing on the Labor Standards, U.S. Department of and/or a request for a hearing on the record within 60 days of receipt of the Labor, even if the Assistant Secretary is record within 30 days of receipt of the findings and preliminary order pursuant not a party. findings and preliminary order pursuant to § 1981.105(b). The objection or * * * * * to § 1982.105. The objections, request request for attorney’s fees and request for a hearing, and/or request for attorney for a hearing must be in writing and PART 1982—PROCEDURES FOR THE fees must be in writing and state state whether the objection is to the HANDLING OF RETALIATION whether the objections are to the findings, the preliminary order, and/or COMPLAINTS UNDER THE NATIONAL findings, the preliminary order, and/or whether there should be an award of TRANSIT SYSTEMS SECURITY ACT whether there should be an award of attorney’s fees. The date of the AND THE FEDERAL RAILROAD attorney fees. The date of the postmark, postmark, facsimile transmittal, or SAFETY ACT facsimile transmittal, or electronic electronic transmittal will be considered transmittal is considered the date of to be the date of filing; if the objection ■ 109. The authority citation for part filing; if the objection is filed in person, is filed in person, by hand-delivery or 1982 is revised to read as follows: by hand-delivery or other means, the

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objection is filed upon receipt. (Jan. 25, 2012); Secretary’s Order 01–2020, 85 objections must be served at the same Objections must be filed with the Chief FR 13186 (March 6, 2020). time on the other parties of record, the Administrative Law Judge, U.S. ■ 115. In § 1983.105, revise paragraph OSHA official who issued the findings Department of Labor, in accordance (b) to read as follows: and order, the Assistant Secretary, and with 29 CFR part 18, and copies of the the Associate Solicitor, Division of Fair objections must be served at the same § 1983.105 Issuance of findings and Labor Standards, U.S. Department of preliminary orders. time on the other parties of record, the Labor. * * * * * OSHA official who issued the findings * * * * * and order, the Assistant Secretary, and (b) The findings and, where the Associate Solicitor, Division of Fair appropriate, the preliminary order will ■ 117. In § 1983.107, revise paragraph Labor Standards, U.S. Department of be sent by means that allow OSHA to (b) to read as follows: Labor. confirm delivery to all parties of record (and each party’s legal counsel if the § 1983.107 Hearings. * * * * * party is represented by counsel). The * * * * * ■ 112. In § 1982.107, revise paragraph findings and, where appropriate, the (b) Upon receipt of an objection and (b) to read as follows: preliminary order will inform the request for hearing, the Chief § 1982.107 Hearings. parties of the right to object to the Administrative Law Judge will promptly findings and/or order and to request a * * * * * assign the case to an ALJ who will hearing, and of the right of the notify the parties of the day, time, and (b) Upon receipt of an objection and respondent to request an award of request for hearing, the Chief place of hearing. The hearing is to attorney’s fees not exceeding $1,000 commence expeditiously, except upon a Administrative Law Judge will promptly from the ALJ, regardless of whether the assign the case to an ALJ who will showing of good cause or unless respondent has filed objections, if the otherwise agreed to by the parties. notify the parties of the day, time, and respondent alleges that the complaint place of hearing. The hearing is to Hearings will be conducted de novo on was frivolous or brought in bad faith. the record. ALJs have broad discretion commence expeditiously, except upon a The findings and, where appropriate, showing of good cause or unless to limit discovery in order to expedite the preliminary order also will give the the hearing. otherwise agreed to by the parties. address of the Chief Administrative Law * * * * * Hearings will be conducted de novo on Judge, U.S. Department of Labor, or the record. Administrative Law Judges appropriate information regarding filing ■ 118. In § 1983.110, revise paragraph have broad discretion to limit discovery objections electronically with the Office (c) to read as follows: in order to expedite the hearing. of Administrative Law Judges. At the * * * * * same time, the Assistant Secretary will § 1983.110 Decision and orders of the Administrative Review Board. ■ 113. In § 1982.110, revise paragraph file with the Chief Administrative Law (c) to read as follows: Judge a copy of the original complaint * * * * * and a copy of the findings and/or order. (c) The decision of the ARB will be § 1982.110 Decision and orders of the issued within 120 days of the Administrative Review Board. * * * * * ■ 116. In § 1983.106, revise paragraph conclusion of the hearing, which will be * * * * * (a) to read as follows: deemed to be 14 days after the date of (c) The decision of the ARB will be the decision of the ALJ, unless a motion issued within 120 days of the § 1983.106 Objections to the findings and for reconsideration has been filed with conclusion of the hearing, which will be the preliminary order and requests for a the ALJ in the interim. In such case, the deemed to be 14 days after the date of hearing. conclusion of the hearing is the date the the decision of the ALJ, unless a motion (a) Any party who desires review, motion for reconsideration is ruled for reconsideration has been filed with including judicial review, of the upon or 14 days after a new decision is the ALJ in the interim. In such case, the findings and/or preliminary order, or a issued. The ARB’s decision will be conclusion of the hearing is the date the respondent alleging that the complaint served upon all parties and the Chief motion for reconsideration is denied or was frivolous or brought in bad faith Administrative Law Judge. The decision 14 days after a new decision is issued. who seeks an award of attorney’s fees will also be served on the Assistant The ARB’s decision will be served upon under CPSIA, must file any objections Secretary and on the Associate Solicitor, all parties and the Chief Administrative and/or a request for a hearing on the Division of Fair Labor Standards, U.S. Law Judge. The decision also will be record within 30 days of receipt of the Department of Labor, even if the served on the Assistant Secretary, and findings and preliminary order pursuant Assistant Secretary is not a party. on the Associate Solicitor, Division of to § 1983.105. The objections, request * * * * * Fair Labor Standards, U.S. Department for a hearing, and/or request for of Labor, even if the Assistant Secretary attorney’s fees must be in writing and PART 1984—PROCEDURES FOR THE is not a party. state whether the objections are to the HANDLING OF RETALIATION * * * * * findings, the preliminary order, and/or COMPLAINTS UNDER SECTION 1558 whether there should be an award of OF THE AFFORDABLE CARE ACT PART 1983—PROCEDURES FOR THE attorney’s fees. The date of the HANDLING OF RETALIATION postmark, facsimile transmittal, or ■ 119. The authority citation for part COMPLAINTS UNDER SECTION 219 electronic transmittal is considered the 1984 is revised to read as follows: OF THE CONSUMER PRODUCT date of filing; if the objection is filed in SAFETY IMPROVEMENT ACT OF 2008 person, by hand-delivery or other Authority: 29 U.S.C. 218C; Secretary of Labor’s Order 1–2012 (Jan. 18, 2012), 77 FR means, the objection is filed upon ■ 114. The authority citation for part 3912 (Jan. 25, 2012); Secretary’s Order No. receipt. Objections must be filed with 01–2020, 85 FR 13186 (March 6, 2020). 1983 is revised to read as follows: the Chief Administrative Law Judge, Authority: 15 U.S.C. 2087; Secretary’s U.S. Department of Labor, in accordance ■ 120. In § 1984.105, revise paragraph Order 1–2012 (Jan. 18, 2012), 77 FR 3912 with 29 CFR part 18, and copies of the (b) as follows:

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§ 1984.105 Issuance of findings and and order, the Assistant Secretary, and § 1985.105 Issuance of findings and preliminary orders. the Associate Solicitor, Division of Fair preliminary orders. * * * * * Labor Standards, U.S. Department of * * * * * (b) The findings and, where Labor. (b) The findings and, where appropriate, the preliminary order will * * * * * appropriate, the preliminary order will be sent by means that allow OSHA to be sent by means that allow OSHA to confirm delivery to all parties of record ■ 122. In § 1984.107, revise paragraph confirm delivery to all parties of record (and each party’s legal counsel if the (b) to read as follows: (and each party’s legal counsel if the party is represented by counsel). The party is represented by counsel). The § 1984.107 Hearings. findings and, where appropriate, the findings and, where appropriate, the preliminary order will inform the * * * * * preliminary order will inform the parties of the right to object to the (b) Upon receipt of an objection and parties of the right to object to the findings and/or order and to request a request for hearing, the Chief findings and/or order and to request a hearing, and of the right of the Administrative Law Judge will promptly hearing, and of the right of the respondent to request an award of assign the case to an ALJ who will respondent to request an award of attorney fees not exceeding $1,000 from notify the parties of the day, time, and attorney fees not exceeding $1,000 from the administrative law judge (ALJ), place of hearing. The hearing is to the ALJ, regardless of whether the regardless of whether the respondent commence expeditiously, except upon a respondent has filed objections, if the has filed objections, if respondent showing of good cause or unless respondent alleges that the complaint alleges that the complaint was frivolous otherwise agreed to by the parties. was frivolous or brought in bad faith. or brought in bad faith. The findings, Hearings will be conducted de novo on The findings and, where appropriate, and where appropriate, the preliminary the record. ALJs have broad discretion the preliminary order also will give the order, also will give the address of the to limit discovery in order to expedite address of the Chief Administrative Law Chief Administrative Law Judge, U.S. the hearing. Judge, U.S. Department of Labor, or Department of Labor, or appropriate * * * * * appropriate information regarding filing information regarding filing objections objections electronically with the Office electronically with the Office of ■ 123. In § 1984.110, revise paragraph of Administrative Law Judges. At the Administrative Law Judges. At the same (c) to read as follows: same time, the Assistant Secretary will time, the Assistant Secretary will file file with the Chief Administrative Law § 1984.110 Decision and orders of the with the Chief Administrative Law Administrative Review Board. Judge a copy of the original complaint Judge a copy of the original complaint and a copy of the findings and/or order. * * * * * and a copy of the findings and/or order. * * * * * * * * * * (c) The decision of the ARB will be ■ 126. In § 1985.106, revise paragraph ■ 121. In § 1984.106, revise paragraph issued within 120 days of the (a) to read as follows: (a) to read as follows: conclusion of the hearing, which will be deemed to be 14 days after the date of § 1985.106 Objections to the findings and § 1984.106 Objections to the findings and the decision of the ALJ, unless a motion the preliminary order and requests for a the preliminary order and requests for a for reconsideration has been filed with hearing. hearing. the ALJ in the interim. In such case, the (a) Any party who desires review, (a) Any party who desires review, conclusion of the hearing is the date the including judicial review, of the including judicial review, of the motion for reconsideration is ruled findings and/or preliminary order, or a findings and/or preliminary order, or a upon or 14 days after a new decision is respondent alleging that the complaint respondent alleging that the complaint issued. The ARB’s decision will be was frivolous or brought in bad faith was frivolous or brought in bad faith served upon all parties and the Chief who seeks an award of attorney fees who seeks an award of attorney fees Administrative Law Judge. The decision under CFPA, must file any objections under section 18C of the FLSA, must will also be served on the Assistant and/or a request for a hearing on the file any objections and/or a request for Secretary, and on the Associate record within 30 days of receipt of the a hearing on the record within 30 days Solicitor, Division of Fair Labor findings and preliminary order pursuant of receipt of the findings and Standards, U.S. Department of Labor, to § 1985.105. The objections, request preliminary order pursuant to even if the Assistant Secretary is not a for a hearing, and/or request for attorney § 1984.105(b). The objections, request party. fees must be in writing and state for a hearing, and/or request for attorney whether the objections are to the * * * * * fees must be in writing and state findings, the preliminary order, and/or whether the objections are to the PART 1985—PROCEDURES FOR whether there should be an award of findings and/or the preliminary order, HANDLING RETALIATION attorney fees. The date of the postmark, and/or whether there should be an COMPLAINTS UNDER THE EMPLOYEE facsimile transmittal, or electronic award of attorney fees. The date of the PROTECTION PROVISION OF THE transmittal is considered the date of postmark, facsimile transmittal, or CONSUMER FINANCIAL PROTECTION filing; if the objection is filed in person, electronic transmittal is considered the ACT OF 2010 by hand-delivery or other means, the date of filing; if the objection is filed in objection is filed upon receipt. person, by hand-delivery or other Objections must be filed with the Chief ■ 124. The authority citation for part means, the objection is filed upon Administrative Law Judge, U.S. 1985 is revised to read as follows: receipt. Objections must be filed with Department of Labor, in accordance the Chief Administrative Law Judge, Authority: 12 U.S.C. 5567; Secretary of with 29 CFR part 18, and copies of the U.S. Department of Labor, in accordance Labor’s Order No. 1–2012 (Jan. 18, 2012), 77 objections must be served at the same with 29 CFR part 18, and copies of the FR 3912 (Jan. 25, 2012); Secretary’s Order No. time on the other parties of record, the 01–2020, 85 FR 13186 (March 6, 2020). objections must be served at the same OSHA official who issued the findings time on the other parties of record, the ■ 125. In § 1985.105, revise paragraph and order, the Assistant Secretary, and OSHA official who issued the findings (b) to read as follows: the Associate Solicitor, Division of Fair

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Labor Standards, U.S. Department of be sent by means that allow OSHA to to limit discovery in order to expedite Labor. confirm delivery to all parties of record the hearing. * * * * * (and each party’s legal counsel if the * * * * * ■ 127. In § 1985.107, revise paragraph party is represented by counsel). The ■ 133. In § 1986.110, revise paragraph (b) to read as follows: findings and, where appropriate, the (c) to read as follows: preliminary order will inform the § 1985.107 Hearings. parties of the right to object to the § 1986.110 Decision and orders of the * * * * * findings and/or the order and to request Administrative Review Board. (b) Upon receipt of an objection and a hearing. The findings and, where * * * * * request for hearing, the Chief appropriate, the preliminary order also (c) The decision of the ARB will be Administrative Law Judge will promptly will give the address of the Chief issued within 120 days of the assign the case to an ALJ who will Administrative Law Judge, U.S. conclusion of the hearing, which will be notify the parties of the day, time, and Department of Labor, or appropriate deemed to be 14 days after the date of place of hearing. The hearing is to information regarding filing objections the decision of the ALJ, unless a motion commence expeditiously, except upon a electronically with the Office of for reconsideration has been filed with showing of good cause or unless Administrative Law Judges. At the same the ALJ in the interim. In such case, the otherwise agreed to by the parties. time, the Assistant Secretary will file conclusion of the hearing is the date the Hearings will be conducted de novo on with the Chief Administrative Law motion for reconsideration is ruled the record. ALJs have broad discretion Judge a copy of the original complaint upon or 14 days after a new decision is to limit discovery in order to expedite and a copy of the findings and/or order. issued. The ARB’s decision will be served upon all parties and the Chief the hearing. * * * * * * * * * * Administrative Law Judge. The decision ■ 131. In § 1986.106, revise paragraph ■ 128. In § 1985.110, revise paragraph also will be served on the Assistant (a) to read as follows: (c) to read as follows: Secretary and on the Associate Solicitor, Division of Occupational Safety and § 1986.106 Objections to the findings and § 1985.110 Decision and orders of the the preliminary order and request for a Health, U.S. Department of Labor, even Administrative Review Board. hearing. if the Assistant Secretary is not a party. * * * * * * * * * * (c) The decision of the ARB will be (a) Any party who desires review, issued within 120 days of the including judicial review, must file any PART 1987—PROCEDURES FOR conclusion of the hearing, which will be objections and a request for a hearing on HANDLING RETALIATION deemed to be 14 days after the decision the record within 30 days of receipt of COMPLAINTS UNDER SECTION 402 of the ALJ, unless a motion for the findings and preliminary order OF THE FDA FOOD SAFETY reconsideration has been filed with the pursuant to § 1986.105(c). The MODERNIZATION ACT ALJ in the interim. In such case, the objections and request for a hearing conclusion of the hearing is the date the must be in writing and state whether the ■ 134. The authority citation for part motion for reconsideration is ruled objections are to the findings and/or the 1987 is revised to read as follows: upon or 14 days after a new decision is preliminary order. The date of the Authority: 21 U.S.C. 399d; Secretary of issued. The ARB’s decision will be postmark, facsimile transmittal, or Labor’s Order No. 1–2012 (Jan. 18, 2012), 77 served upon all parties and the Chief electronic transmittal is considered the FR 3912 (Jan. 25, 2012); Secretary’s Order No. Administrative Law Judge. The decision date of filing; if the objection is filed in 01–2020, 85 FR 13186 (March 6, 2020). will also be served on the Assistant person, by hand-delivery or other ■ 135. In § 1987.105, revise paragraph Secretary and on the Associate Solicitor, means, the objection is filed upon (b) to read as follows: Division of Fair Labor Standards, U.S. receipt. Objections must be filed with the Chief Administrative Law Judge, § 1987.105 Issuance of findings and Department of Labor, even if the preliminary orders. Assistant Secretary is not a party. U.S. Department of Labor, in accordance * * * * * * * * * * with 29 CFR part 18, and copies of the objections must be served at the same (b) The findings and, where PART 1986—PROCEDURES FOR THE time on the other parties of record, and appropriate, the preliminary order will HANDLING OF RETALIATION the OSHA official who issued the be sent by means that allow OSHA to COMPLAINTS UNDER THE EMPLOYEE findings. confirm delivery to all parties of record (and each party’s legal counsel if the PROTECTION PROVISION OF THE * * * * * SEAMAN’S PROTECTION ACT (SPA), party is represented by counsel). The ■ 132. In § 1986.107, revise paragraph AS AMENDED findings and, where appropriate, the (b) to read as follows: preliminary order will inform the ■ parties of the right to object to the 129. The authority citation for part § 1986.107 Hearings. 1986 is revised to read as follows: findings and/or order and to request a * * * * * hearing, and of the right of the Authority: 46 U.S.C. 2114; 49 U.S.C. 31105; Secretary’s Order 1–2012 (Jan. 18, (b) Upon receipt of an objection and respondent to request an award of 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s request for hearing, the Chief attorney fees not exceeding $1,000 from Order 01–2020, 85 FR 13186 (March 6, 2020). Administrative Law Judge will promptly the administrative law judge (ALJ), ■ 130. In § 1986.105, revise paragraph assign the case to an ALJ who will regardless of whether the respondent (b) to read as follows: notify the parties of the day, time, and has filed objections, if the respondent place of hearing. The hearing is to alleges that the complaint was frivolous § 1986.105 Issuance of findings and commence expeditiously, except upon a or brought in bad faith. The findings preliminary orders. showing of good cause or unless and, where appropriate, the preliminary * * * * * otherwise agreed to by the parties. order also will give the address of the (b) The findings and, where Hearings will be conducted de novo on Chief Administrative Law Judge, U.S. appropriate, the preliminary order will the record. ALJs have broad discretion Department of Labor, or appropriate

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information regarding filing objections ■ 138. In § 1987.110, revise paragraph same time, the Assistant Secretary will electronically with the Office of (c) to read as follows: file with the Chief Administrative Law Administrative Law Judges. At the same Judge a copy of the original complaint time, the Assistant Secretary will file § 1987.110 Decision and orders of the and a copy of the findings and/or order. Administrative Review Board. with the Chief Administrative Law * * * * * Judge a copy of the original complaint * * * * * and a copy of the findings and/or order. (c) The decision of the ARB will be ■ 141. In § 1988.106, revise paragraph issued within 120 days of the (a) to read as follows: * * * * * conclusion of the hearing, which will be ■ 136. In § 1987.106, revise paragraph deemed to be 14 days after the date of § 1988.106 Objections to the findings and (a) to read as follows: the decision of the ALJ, unless a motion the preliminary order and requests for a hearing. for reconsideration has been filed with § 1987.106 Objections to the findings and the ALJ in the interim. In such case the the preliminary order and requests for a (a) Any party who desires review, hearing. conclusion of the hearing is the date the including judicial review, of the motion for reconsideration is denied or findings and/or preliminary order, or a (a) Any party who desires review, 14 days after a new decision is issued. respondent alleging that the complaint including judicial review, of the The ARB’s decision will be served upon was frivolous or brought in bad faith findings and/or preliminary order, or a all parties and the Chief Administrative who seeks an award of attorney fees respondent alleging that the complaint Law Judge. The decision will also be under MAP–21, must file any objections was frivolous or brought in bad faith served on the Assistant Secretary and on and/or a request for a hearing on the who seeks an award of attorney fees the Associate Solicitor, Division of Fair record within 30 days of receipt of the under FSMA, must file any objections Labor Standards, U.S. Department of findings and preliminary order pursuant and/or a request for a hearing on the Labor, even if the Assistant Secretary is to § 1988.105. The objections, request record within 30 days of receipt of the not a party. for a hearing, and/or request for attorney findings and preliminary order pursuant * * * * * fees must be in writing and state to § 1987.105. The objections, request whether the objections are to the for a hearing, and/or request for attorney PART 1988—PROCEDURES FOR findings, the preliminary order, and/or fees must be in writing and state HANDLING RETALIATION whether there should be an award of whether the objections are to the COMPLAINTS UNDER SECTION 31307 attorney fees. The date of the postmark, findings, the preliminary order, and/or OF THE MOVING AHEAD FOR facsimile transmittal, or electronic whether there should be an award of PROGRESS IN THE 21ST CENTURY transmittal is considered the date of attorney fees. The date of the postmark, ACT (MAP–21) filing; if the objection is filed in person, facsimile transmittal, or electronic by hand-delivery or other means, the ■ transmittal is considered the date of 139. The authority citation for part objection is filed upon receipt. filing; if the objection is filed in person, 1988 is revised to read as follows: Objections must be filed with the Chief by hand-delivery or other means, the Authority: 49 U.S.C. 30171; Secretary of Administrative Law Judge, U.S. objection is filed upon receipt. Labor’s Order No. 1–2012 (Jan. 18, 2012), 77 Department of Labor, in accordance Objections must be filed with the Chief FR 3912 (Jan. 25, 2012); Secretary’s Order No. with 29 CFR part 18, and copies of the Administrative Law Judge, U.S. 01–2020, 85 FR 13186 (March 6, 2020). objections must be served at the same Department of Labor, in accordance ■ 140. In § 1988.105, revise paragraph time on the other parties of record, the with 29 CFR part 18, and copies of the (b) to read as follows: OSHA official who issued the findings objections must be served at the same and order, the Assistant Secretary, and time on the other parties of record, the § 1988.105 Issuance of findings and preliminary orders. the Associate Solicitor, Division of Fair OSHA official who issued the findings Labor Standards, U.S. Department of and order, the Assistant Secretary, and * * * * * Labor. (b) The findings and, where the Associate Solicitor, Division of Fair * * * * * Labor Standards, U.S. Department of appropriate, the preliminary order will Labor. be sent by means that allow OSHA to ■ 142. In § 1988.107, revise paragraph * * * * * confirm delivery to all parties of record (b) to read as follows: (and each party’s legal counsel if the ■ 137. In § 1987.107, revise paragraph party is represented by counsel). The § 1988.107 Hearings. (b) to read as follows: findings and, where appropriate, the * * * * * § 1987.107 Hearings. preliminary order will inform the (b) Upon receipt of an objection and parties of the right to object to the * * * * * request for hearing, the Chief findings and/or order and to request a Administrative Law Judge will promptly (b) Upon receipt of an objection and hearing, and of the right of the assign the case to an ALJ who will request for hearing, the Chief respondent to request an award of notify the parties of the day, time, and Administrative Law Judge will promptly attorney fees not exceeding $1,000 from place of hearing. The hearing is to assign the case to an ALJ who will the ALJ, regardless of whether the commence expeditiously, except upon a notify the parties of the day, time, and respondent has filed objections, if the showing of good cause or unless place of hearing. The hearing is to respondent alleges that the complaint otherwise agreed to by the parties. commence expeditiously, except upon a was frivolous or brought in bad faith. Hearings will be conducted de novo on showing of good cause or unless The findings and, where appropriate, the record. ALJs have broad discretion otherwise agreed to by the parties. the preliminary order also will give the to limit discovery in order to expedite Hearings will be conducted de novo on address of the Chief Administrative Law the hearing. the record. ALJs have broad discretion Judge, U.S. Department of Labor, or * * * * * to limit discovery in order to expedite appropriate information regarding filing the hearing. objections electronically with the Office ■ 143. In § 1988.110, revise paragraph * * * * * of Administrative Law Judges. At the (c) to read as follows:

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§ 1988.110 Decision and orders of the DEPARTMENT OF LABOR responsibility of the commenter to Administrative Review Board. safeguard personal information. * * * * * Benefits Review Board If you need assistance to review the comments or the direct final rule, the (c) The decision of the ARB will be 20 CFR Part 802 Department will consider providing the issued within 120 days of the comments and the direct final rule in conclusion of the hearing, which will be RIN 1290–AA35 other formats upon request. For deemed to be 14 days after the decision Rules of Practice and Procedure assistance to review the comments or of the ALJ, unless a motion for obtain the direct final rule in an reconsideration has been filed with the AGENCY: Benefits Review Board, alternate format, contact Mr. Thomas ALJ in the interim. In such case, the Department of Labor. Shepherd, Clerk of the Appellate conclusion of the hearing is the date the ACTION: Direct final rule. Boards, at (202) 693–6319. motion for reconsideration is ruled FOR FURTHER INFORMATION CONTACT: Mr. upon or 14 days after a new decision is SUMMARY: The Department of Labor Thomas Shepherd, Clerk of the issued. The ARB’s decision will be takes this action to require electronic Appellate Boards, at (202) 693–6319 or served upon all parties and the Chief filing (e-filing) and make acceptance of [email protected]. Individuals Administrative Law Judge. The decision electronic service (e-service) automatic with hearing or speech impairments will also be served on the Assistant by attorneys and lay representatives may access this telephone number by Secretary and on the Associate Solicitor, representing parties in proceedings TTY by calling the toll-free Federal Division of Fair Labor Standards, U.S. before the Benefits Review Board Information Relay Service at (800) 877– Department of Labor, even if the (Board), and to provide an option for 8339. self-represented parties to utilize these Assistant Secretary is not a party. SUPPLEMENTARY INFORMATION: This electronic capabilities. * * * * * preamble is divided into four sections: DATES: This direct final rule is effective Section I describes the process of Title 41: Public Contracts and Property on February 25, 2021, unless the rulemaking using a direct final rule with Management Department receives a significant a companion proposed rule; Section II adverse comment to this direct final rule provides general background PART 60–30—RULES OF PRACTICE or the companion proposed rule by information on the development of the FOR ADMINISTRATIVE PROCEEDINGS February 10, 2021 that explains why the rulemaking; Section III is a section-by- TO ENFORCE EQUAL OPPORTUNITY direct final rule is inappropriate, section summary and discussion of the UNDER EXECUTIVE ORDER 11246 including challenges to the rule’s regulatory text; and Section IV covers underlying premise or approach, or why the administrative requirements for this ■ 144. The authority citation for part the rule will be ineffective or rulemaking. 60–30 continues to read as follows: unacceptable without a change. If a timely, significant adverse comment is I. Direct Final Rule Published Authority: Executive Order 11246, as received, the Department will publish a Concurrently With Companion amended, 30 FR 12319, 32 FR 14303, as notification of withdrawal of the direct Proposed Rule amended by E.O. 12086; 29 U.S.C. 793, as final rule in the Federal Register before The Department is simultaneously amended, and 38 U.S.C. 4212, as amended. the effective date. This notification may publishing with this direct final rule an ■ 145. In § 60–30.4, revise paragraphs withdraw the direct final rule in whole identical ‘‘proposed’’ rule elsewhere in (b) and (c) to read as follows: or in part. this issue of the Federal Register. In ADDRESSES: You may submit comments, direct final rulemaking, an agency § 60–30.4 Form, filing, service of pleadings identified by Regulatory Identification publishes a final rule with a statement and papers. Number (RIN) 1290–AA35, only by the that the rule will go into effect unless * * * * * following method: Electronic the agency receives significant adverse (b) Service. Service upon any party Comments. Submit comments through comment within a specified period. If shall be made by the party filing the the Federal eRulemaking Portal http:// the agency receives no significant pleading or document in accordance www.regulations.gov. To locate the adverse comment in response to the with 29 CFR part 26. When a party is direct final rule, use docket number direct final rule, the rule goes into represented by an attorney, the service DOL–2020–0013 or key words such as effect. If the agency receives significant ‘‘Administrative practice and adverse comment, the agency withdraws shall be upon the attorney. procedure,’’ ‘‘Black lung benefits,’’ the direct final rule and treats such (c) Proof of service. A certificate of the ‘‘Longshore and harbor workers,’’ or comment as submissions on the person serving the pleading or other ‘‘Workers’ compensation.’’ Follow the proposed rule. The proposed rule then document, setting forth the manner of instructions for submitting comments. provides the procedural framework to service, shall be proof of the service. All comments must be received by 11:59 finalize the rule. An agency typically Signed on this 14th day of December, 2020, p.m. on the date indicated for uses direct final rulemaking when it in Washington, DC. consideration in this rulemaking. anticipates the rule will be non- Instructions: All comments received controversial. Eugene Scalia, generally will be posted without change The Department has determined that Secretary of Labor. to http://www.regulations.gov, including this rule is suitable for direct final [FR Doc. 2020–28055 Filed 1–8–21; 8:45 am] any personal information provided. rulemaking. The revisions to the Board’s BILLING CODE 4510–HW–P Therefore, the Department recommends procedural regulations would require that commenters safeguard their represented parties, unless exempted by personal information by not including the Board for good cause shown, to file social security numbers, personal documents via the Board’s new addresses, telephone numbers, or email electronic case management system, addresses in comments. It is the which will also automatically serve

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