(a) Any party who desires review, including judicial review, of the findings and/or preliminary
order, or a respondent alleging that the complaint was frivolous or brought in bad
faith who seeks an award of attorney fees under CFPA, must file any objections and/or
a request for a hearing on the record within 30 days of receipt of the findings and
preliminary order pursuant to § 1985.105. The objections, request for a hearing, and/or request for attorney fees must be
in writing and state whether the objections are to the findings, the preliminary order,
and/or whether there should be an award of attorney fees. The date of the postmark, facsimile transmittal, or electronic transmittal is considered
the date of filing; if the objection is filed in person, by hand-delivery or other
means, the objection is filed upon receipt. Objections must be filed with the Chief Administrative Law Judge, U.S. Department
of Labor, in accordance with 29 CFR part 18, and copies of the objections must be served at the same time on the other parties
of record, the OSHA official who issued the findings and order, the Assistant Secretary,
and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of
(b) If a timely objection is filed, all provisions of the preliminary order will be stayed,
except for the portion requiring preliminary reinstatement, which will not be automatically
stayed. The portion of the preliminary order requiring reinstatement will be effective immediately
upon the respondent's receipt of the findings and preliminary order, regardless of
any objections to the order. The respondent may file a motion with the Office of Administrative Law Judges for
a stay of the Assistant Secretary's preliminary order of reinstatement, which shall
be granted only based on exceptional circumstances. If no timely objection is filed with respect to either the findings or the preliminary
order, the findings and/or the preliminary order will become the final decision of
the Secretary, not subject to judicial review.
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