Electronic Code of Federal Regulations
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e-CFR data is current as of March 1, 2021 |
Amendment
29 CFR--PART 1988
View Printed Federal Register page 86 FR 1794 in PDF format.Amendment(s) published January 11, 2021, in 86 FR 1794
Effective Dates: Feb. 25, 2021
140. In §1988.105, revise paragraph (b) to read as follows:
§1988.105 Issuance of findings and preliminary orders.
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(b) The findings and, where appropriate, the preliminary order will be sent by means that allow OSHA to confirm delivery to all parties of record (and each party's legal counsel if the party is represented by counsel). The findings and, where appropriate, the preliminary order will inform the parties of the right to object to the findings and/or order and to request a hearing, and of the right of the respondent to request an award of attorney fees not exceeding $1,000 from the ALJ, regardless of whether the respondent has filed objections, if the respondent alleges that the complaint was frivolous or brought in bad faith. The findings and, where appropriate, the preliminary order also will give the address of the Chief Administrative Law Judge, U.S. Department of Labor, or appropriate information regarding filing objections electronically with the Office of Administrative Law Judges. At the same time, the Assistant Secretary will file with the Chief Administrative Law Judge a copy of the original complaint and a copy of the findings and/or order.