Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service

1834

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

management system by a registered user

containing the Appellant’s name in an

appropriate signature block constitutes

the Appellant’s signature.

* * * * *

(f) Date of filing. A notice of appeal

complying with this paragraph (c) is

considered to have been filed only if

received by the Clerk of the Appellate

Boards within the period specified

under paragraph (e) of this section,

except as otherwise provided in this

subsection:

(1) If the notice of appeal is sent via

the U.S. Postal Service or commercial

carrier and use of the date of delivery

as the date of filing would result in a

loss of appeal rights, the appeal will be

considered to have been filed as of the

date of the postmark or other carriers’

date markings. The date appearing on

the U.S. Postal Service postmark or

other carriers’ date markings (when

available and legible) shall be prima

facie evidence of the date of mailing. If

there is no such postmark or date

marking, or it is illegible, then other

evidence including, but not limited to,

certified mail receipts, certificate of

service, and affidavits, may be used to

establish the mailing date. If a notice of

appeal is delivered or sent by means

other than the U.S. Postal Service or

commercial carrier, including e-filing,

personal delivery, or fax, the notice is

deemed to be filed when received by the

Clerk of the Appellate Boards.

(2) For electronic filings made

through the Board’s case management

system, a document is deemed filed as

of the date and time the Board’s

electronic case management system

records its receipt, even if transmitted

after the close of business. To be

considered timely, an e-filed document

or pleading must be filed by 11:59:59

p.m. Eastern Time on the due date.

(3) In computing the date of filing, the

180-day time period for filing an appeal

begins to run on the day following the

date of the OWCP decision. The last day

of the period so computed shall be

included, unless it is a Saturday,

Sunday or Federal holiday, in which

event the period runs to the close of the

next business day.

* * * * *

(h) Incomplete notice of appeal. Any

timely notice of appeal that does not

contain the information specified in

paragraph (c) of this section will be

considered incomplete. On receipt by

the Board, the Clerk of the Appellate

Boards will inform Appellant of the

deficiencies in the notice of appeal and

specify a reasonable time to submit the

requisite information. Such appeal will

be dismissed unless Appellant provides

the requisite information in the

specified time.

§ 501.4 [Amended]

■3. Amend § 501.4 by removing

paragraph (e).

■4. Amend § 501.5 by revising

paragraphs (c) and (f) to read as follows:

§ 501.5 Oral argument.

* * * * *

(c) Notice of argument. If a request for

oral argument is granted, the Clerk will

notify the Appellant and the Director at

least 30 days prior to the date set for

argument. The notice of oral argument

will state the issues that the Board has

determined will be heard and whether

the oral argument will take place in

person in Washington, DC or by

videoconference.

* * * * *

(f) Location. Oral argument in person

is heard before the Board only in

Washington, DC. The Board may, in its

discretion, hear oral argument by

videoconference. The Board does not

reimburse costs associated with an oral

argument.

* * * * *

Signed on this 14th day of December, 2020,

in Washington, DC.

Eugene Scalia,

Secretary of Labor.

[FR Doc. 2020–28048 Filed 1–8–21; 8:45 am]

BILLING CODE 4510–31–P

DEPARTMENT OF LABOR

Employment and Training

Administration

20 CFR Parts 641, 655, 658, 667, and

683

Office of Workers’ Compensation

Programs

20 CFR Part 726

Office of the Secretary of Labor

29 CFR Parts 7, 8, 22, 24, 26, 29, 37,

38, and 96

Office of Labor-Management

Standards

29 CFR Parts 417 and 458

Wage and Hour Division

29 CFR Parts 500, 525, 530, and 580

Occupational Safety and Health

Administration

29 CFR Parts 1978, 1979, 1980, 1981,

1982, 1983, 1984, 1985, 1986, 1987, and

1988

Office of Federal Contract Compliance

Programs

41 CFR Part 60–30

RIN 1290–AA28

Rules of Practice and Procedure

Concerning Filing and Service and

Amended Rules Concerning Filing and

Service

AGENCY

: Employment and Training

Administration, Office of Workers’

Compensation Programs, Office of the

Secretary, Office of Labor-Management

Standards, Wage and Hour Division,

Occupational Safety and Health

Administration, Office of Federal

Contract Compliance Programs.

ACTION

: Notice of proposed rulemaking;

request for comments.

SUMMARY

: The Department of Labor

(Department or DOL) is issuing this

Notice of Proposed Rulemaking (NPRM)

to seek public comments on a proposal

to require electronic filing (e-filing) and

make acceptance of electronic service

(e-service) automatic for attorneys and

non-attorney representatives

representing parties in proceedings

before the Administrative Review Board

(Board), unless the Board authorizes

non-electronic filing and service for

good cause. Self-represented persons

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1835

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

will have the option of e-filing or of

filing papers by conventional means.

This proposed rule would establish a

new part containing rules of practice

and procedure for the Board and amend

existing regulations concerning filing

and service that would apply where a

governing statute or executive order

does not establish contrary rules of

filing and service. It would also make

other minor corrections to update

existing regulations.

DATES

: The Department invites

interested persons to submit comments

on the proposed rule. To ensure

consideration, comments must be in

writing and must be received by

February 10, 2021.

ADDRESSES

: You may send comments,

identified by Regulatory Identification

Number (RIN) 1290–AA28, only by the

following method: Electronic

Comments. Submit comments through

the Federal eRulemaking Portal http://

www.regulations.gov. To locate the

proposed rule, use key words such as

‘‘Administrative Review Board’’ to

search documents accepting comments.

Follow the instructions for submitting

comments. All comments must be

received by 11:59 p.m. on the date

indicated for consideration in this

rulemaking. Instructions: All

submissions received must include the

agency name and docket number or

Regulatory Information Number (RIN)

for this rulemaking. All comments

received will generally be posted

without change to https://

www.regulations.gov, including any

personal information provided. If you

need assistance to review the comments

or the proposed rule, the Department

will consider providing the comments

and the proposed rule in other formats

upon request. For assistance to review

the comments or obtain the proposed

rule in an alternate format, contact Mr.

Thomas Shepherd, Clerk of the

Appellate Boards, at 202–693–6319 or

Shepherd.Thomas@dol.gov.

Individuals with hearing or speech

impairments may access the telephone

number above by TTY by calling the

toll-free Federal Information Relay

Service at (800) 877–8339.

FOR FURTHER INFORMATION CONTACT

:

Mr. Thomas Shepherd, Clerk of the

Appellate Boards, at 202–693–6319 or

Shepherd.Thomas@dol.gov.

I. Supplementary Information

This preamble is divided into four

sections: Section I describes the process

of rulemaking using a direct final rule

with a companion proposed rule;

Section II provides general background

information on the development of the

proposed rulemaking; Section III is a

discussion of the proposed changes to

the regulatory text; and Section IV

covers the administrative requirements

for this proposed rulemaking.

II. Proposed Rule Published

Concurrently With Companion Direct

Final Rule

The Department is simultaneously

publishing with this proposed rule an

identical ‘‘direct final’’ rule elsewhere

in this issue of the Federal Register. In

direct final rulemaking, an agency

publishes a final rule with a statement

that the rule will go into effect unless

the agency receives significant adverse

comment within a specified period. If

the agency receives no significant

adverse comment in response to the

direct final rule, the rule goes into

effect. If the agency receives significant

adverse comment, the agency withdraws

the direct final rule and treats such

comment as submissions on the

proposed rule. The proposed rule then

provides the procedural framework to

finalize the rule. An agency typically

uses direct final rulemaking when it

anticipates the rule will be non-

controversial.

The Department has determined that

this rule is suitable for direct final

rulemaking. The proposed enactment of

the Board’s procedural regulations and

proposed revisions to existing program

regulations would require parties to use

the Board’s electronic system for filing

and serving documents unless exempted

by the Board, as well as make technical

corrections to addresses, add cross-

references to rules of practice and

procedure, and specify where the

Secretary has delegated authority under

a program to the ARB. Some parties are

already filing documents through the

Board’s existing electronic system on a

voluntary basis. Moreover, this system

is similar to those used by courts and

other administrative agencies and will

thus be familiar to some representatives.

The proposed rule would also give self-

represented (pro se) parties the option to

file and serve documents through the

electronic system or via conventional

methods. These changes to the Board’s

procedures and practices should not be

controversial. The Department has

determined that this rule is exempt from

the notice and comment requirements

under 5 U.S.C. 553(b) as a rule of agency

practice and procedure. Nonetheless,

the agency has decided to allow for

public input by issuing a direct final

rule and concurrent notice of proposed

rulemaking.

The comment period for this

proposed rule runs concurrently with

the comment period for the direct final

rule. Any comments received in

response to this proposed rule will also

be considered as comments regarding

the direct final rule and vice versa. For

purposes of this rulemaking, a

significant adverse comment is one that

explains (1) why the rule is

inappropriate, including challenges to

the rule’s underlying premise or

approach; or (2) why the direct final

rule will be ineffective or unacceptable

without a change. In determining

whether a significant adverse comment

necessitates withdrawal of the direct

final rule, the Department will consider

whether the comment raises an issue

serious enough to warrant a substantive

response had it been submitted in a

standard notice-and-comment process.

A comment recommending an addition

to the rule will not be considered

significant and adverse unless the

comment explains how the direct final

rule would be ineffective without the

addition.

The Department requests comments

on all issues related to this rule,

including economic or other regulatory

impacts of this rule on the regulated

community.

III. Background of This rulemaking

The Department is proposing a rule

that would make e-filing mandatory and

acceptance of e-service automatic for

parties before the Administrative

Review Board represented by attorneys

and non-attorney representatives. It

proposes to do this by enacting its own

rules of practice and procedure and

amending existing program regulations.

Currently, e-filing is optional and e-

service is not available through the

Board’s existing electronic system: DOL

Appeals. As a result, the Board receives

filings in both paper and electronic

form. The Board’s long-term goal is to

have entirely electronic case files (e-case

files), which would significantly benefit

both the Board and the participants in

Board appeals by allowing the Board to

more efficiently process incoming

documents, reducing the time it takes to

adjudicate claims. Requiring attorneys

and non-attorney representatives to use

e-filing and e-service will help the

Board move toward this goal.

The Board currently uses DOL

Appeals, a consolidated web-based case

tracking system deployed in FY2011 to

replace individual legacy applications

and streamline business processes

specific to each of the three

Adjudicatory Boards in the Department:

The Board, the Benefits Review Board

(BRB), and the Employees’

Compensation Appeals Board (ECAB).

The Board has been delegated authority

by the Secretary of Labor to issue

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1836

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

decisions on appeal in cases arising

under a variety of worker protection

laws, including those governing

environmental, transportation, and

securities whistleblower protections; H–

1B immigration provisions; child labor;

employment discrimination; job

training; seasonal and migrant workers;

and Federal construction and service

contracts. The BRB reviews appeals of

administrative law judges’ decisions

arising under the Black Lung Benefits

Act, the Longshore and Harbor Workers’

Compensation Act and its extensions.

ECAB hears appeals taken from

determinations and awards under the

Federal Employees’ Compensation Act

with respect to claims of Federal

employees injured in the course of their

employment.

The DOL Appeals case management

system has provided a broad range of

capabilities to the Boards’ staff for

inputting, processing, tracking,

managing, and reporting specific details

on thousands of cases since its initial

implementation. In FY2013, the system

was enhanced to provide access to the

general public. Currently, more

than1,400 individuals are registered

users of the DOL Appeals system. Users

have the ability to check their case

status, electronically file motions and

briefs, and receive Board issuances

electronically. However, users who e-

file documents must still serve those

documents on other parties by some

other method (typically mail,

commercial delivery, or electronic

mail), as DOL Appeals does not have an

automatic e-service function like that of

the Federal courts’ electronic filing and

service systems. Moreover, because e-

filing is optional, the Board continues to

receive many paper filings, including

from attorneys and non-attorney

representatives.

At present, the Board lacks sufficient

resources to digitally image all

pleadings received in paper form, and

that option is unduly burdensome and

labor intensive. Furthermore, if e-filing

remains optional, it is unlikely that the

Board will achieve the goal of

completely electronic case files. If,

however, parties are required to e-file all

documents through the Department’s

electronic case management system,

imaging the remaining paper pleadings

from authorized parties would be more

manageable for the Board. In addition,

greater utilization of e-filing and e-

service will reduce case processing

times by eliminating the timeframes

required to allow for the delivery of

traditional mailings. These time savings

will allow the Board to more efficiently

process appeals without any sacrifice to

quality of work and will also greatly

reduce mailing and copying costs for

both the Board and the parties.

Additionally, in an effort to improve

e-filing and e-service Department-wide,

the rule amends provisions regarding

filing and service with the Office of

Administrative Law Judges (OALJ) for

consistency with proposed amendments

to the OALJ rules of practice and

procedure in 29 CFR part 18.

IV. Discussion of Changes

A. Administrative Review Board Rules

of Practice and Procedure

The Department proposes to add a

new section to the Code of Federal

Regulations at 29 CFR part 26 in order

to establish rules of practice and

procedure for the Board regarding filing

and service and to address some general

procedural matters.

§ 26.1 Purpose and Scope

This section is a new provision

addressing the purpose of part 26 and

the scope of the Board’s authority.

Proposed paragraph (a) provides that

part 26 contains the rules of practice of

the Board and that these rules shall

govern all appeals and proceedings

before the Board, except where

inconsistent with a governing statute,

regulation, or executive order. Proposed

paragraph (b) provides that the Board

has authority to act as the authorized

representative of the Secretary of Labor

in review or on appeal of decisions and

recommendations, as provided in

Secretary’s Order 01–2020. The Board

shall act as fully and finally as the

Secretary of Labor concerning such

matters, except as provided in

Secretary’s Order 01–2020 (or any

successor to that order).

§ 26.2 General Procedural Matters

This section is a new provision

containing procedural provisions.

Proposed paragraph (a) supplies

definitions. Proposed paragraph (a)(1)

defines the ARB to mean the

Administrative Review Board. Proposed

paragraph (a)(2) defines Electronic case

management system to mean the

Department of Labor’s electronic filing

and electronic service system for

adjudications.

Proposed paragraph (b) addresses

computation of time. Proposed

paragraph (b)(1) provides that when

computing a time period stated in days,

the day of the event that triggers the

period should be excluded; every day,

including intermediate Saturdays,

Sundays, and legal holidays, should be

counted; and the last day of the period

should be included, but if the last day

is a Saturday, Sunday, or legal holiday,

the period continues to run until the

next day that is not a Saturday, Sunday,

or legal holiday. Proposed paragraph

(b)(2) addresses when the ‘‘last day’’

ends. Proposed paragraph (b)(2)(i)

provides that for electronic filing via the

Department’s electronic case

management system or via other

electronic means, the ‘‘last day’’ ends at

11:59:59 p.m. Eastern Time on the due

date. The Board chose this time zone

because of its location in Washington,

DC. Proposed paragraph (b)(2)(ii)

provides that for non-electronic filing,

the ‘‘last day’’ ends at the time the office

of the Clerk of the Appellate Boards is

scheduled to close in Washington, D.C

on the due date. These rules are

generally consistent with the Federal

Rules of Civil Procedure, see Fed. R.

Civ. P. 6(a), and the Federal Rules of

Appellate Procedure, see Fed. R. App. P.

26(a)(4). This provides a default where

the applicable statute, regulation,

executive order, or judge’s order is

silent. Proposed paragraph (c) provides

the Board’s mailing address.

§ 26.3 Filing

This section is a new provision

containing all filing requirements.

Proposed paragraph (a) governs e-filing

through the Department’s electronic

case management system. Proposed

paragraph (a)(1) requires attorneys and

lay representatives to file all petitions,

pleadings, exhibits, and other

documents with the Board via the

Department’s electronic case

management system, and notes that

paper copies are not required unless

requested by the Board. As discussed

above, mandating electronic filing and

automatically serving documents

electronically filed through the system

will benefit the parties and improve

case processing. This requirement

would apply only to those documents

filed 45 days after the effective date or

later. This time period between the

effective date, when litigants can be

certain that the direct final rule will not

be withdrawn, and the applicability

date, on which e-filing becomes

mandatory, would allow the Office of

Administrative Law Judges to update its

notices of appeal rights so that by the

time e-filing is mandatory, parties will

have received a notice of appeal rights

with updated information.

Although Federal agencies are

required by law to provide information

and services via the internet, agencies

must also consider the impact on

persons without access to the internet

and, to the extent practicable, ensure

that the availability of government

services has not been diminished for

such persons. See 44 U.S.C. 3501.

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1837

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

Accordingly, the Department proposes

to authorize non-electronic filing and

service for good cause and will make e-

filing and e-service optional for self-

represented parties. The Board notes in

this regard that e-filing is generally

mandatory for attorneys in the Federal

district courts and U.S. Courts of

Appeals, unless an exemption for good

cause is granted; only self-represented

parties have the option of filing

pleadings in paper form. Accordingly,

proposed paragraph (a)(2) provides that

attorneys and lay representatives may

request an exemption to e-filing for good

cause shown. Such a request must

include a detailed explanation why e-

filing or acceptance of e-service should

not be required.

Proposed paragraph (a)(3) allows self-

represented (i.e., pro se) parties to file in

either electronic or non-electronic

format. This gives these parties the

flexibility to easily participate in their

cases.

Proposed paragraph (a)(4) provides

that documents filed via the

Department’s electronic case

management system are filed when

received, and are received as of the date

and time recorded by the system.

Paragraph (a)(5) allows for electronic

signatures when a filing is made

through a registered user’s account and

authorized by that person, along with

the person’s name. This is consistent

with the Federal Rules of Civil

Procedure, see Fed. R. Civ. P. 5(d)(3)

and the Federal Rules of Appellate

Procedure, see Fed. R. App. P.

25(2)(B)(iii). Many program regulations

require filed documents to be signed,

and this provision allows filers to

comply while filing via the

Department’s electronic case

management system.

Proposed paragraph (a)(6) provides

that a person who is adversely affected

by a technical failure in connection with

filing or receipt of an electronic

document may seek appropriate relief

from the Board. The Board encourages

filers to retain documentation of the

failure in these instances. Additionally,

if technical malfunction or other issue

prevents access to the Department’s case

management system for a protracted

period, the Board by special order may

provide appropriate relief pending

restoration of electronic access.

Proposed paragraph (b) addresses

alternate methods of filing for persons

who are excepted from e-filing or who

have opted not to use e-filing and

provides that documents filed using

methods other than the Department’s

electronic case management system

(e.g., by email or mail) are considered

filed when received by the Clerk of the

Appellate Boards. This similar to the

Federal Rules of Civil Procedure, see

Fed. R. Civ. P. 5(d)(2), and provides a

default for when laws governing a

particular program do not specify the

date of filing.

§ 26.4 Service

This section contains all service

requirements. Proposed paragraph (a)

addresses electronic service. Proposed

paragraph (a)(1) provides that electronic

service may be completed by email if

consented to in writing by the party

being served. Proposed paragraph (a)(2)

deems service completed by sending the

document to a user registered with the

Department’s electronic case

management system by filing via this

system. This is consistent with the

Federal Rules of Civil Procedure, see

Fed. R. Civ. P. 5(b)(2)(E), and the

Federal Rules of Appellate Procedure,

see Fed. R. App. P. 25(c)(2), and

provides a default for when laws

governing a particular program do not

specify the date of service. Proposed

paragraph (a)(2) further provides that

registering to use the Department’s

electronic case management system

constitutes consent to service through

the system. The Board would also issue

decisions and orders electronically to

registered users who are parties to a

case.

Proposed paragraph (b) addresses

non-electronic service and allows for

service to be completed by personal

delivery, mail, or delivery via

commercial carrier.

Proposed paragraph (c) provides the

effective date of each form of service.

Proposed paragraph (c)(1) provides that

service by personal delivery is effected

on the date the document is delivered

to the person being served. Proposed

paragraph (c)(2) provides that service by

mail or commercial carrier is effected on

the date the document is mailed or

delivered to the commercial carrier.

Proposed paragraph (c)(3) provides that

service by electronic means, including

via the Department’s electronic case

management system and via email, is

effective on sending. This is similar to

the Federal Rules of Civil Procedure, see

Fed. R. Civ. P. 5(b)(2), and provides a

default for when laws governing a

particular program do not specify the

date of service.

B. Additional Changes

The Department proposes to revise

several parts of the Code of Federal

Regulations: 20 CFR parts 641, 655, 658,

667, 683, and 726; 29 CFR parts 7, 8, 22,

24, 29, 37, 38, 96, 417, 458, 500, 525,

530, 580, 1978, 1979, 1980, 1981, 1982,

1983, 1984, 1985, 1986, 1987 and 1988;

and 41 CFR part 60–30 to harmonize the

filing provisions with 29 CFR part 26

and improve e-filing and e-service

Department-wide.

1. Changes to Requirements for Filing

and Service by Mail or Personal

Delivery

Many regulations require parties to

file and serve documents by mail or by

personal delivery in cases pending

before the Board. To ensure that the

regulations allow for e-filing and e-

service through the Department’s

electronic case management system, and

via email when permissible, the

Department proposes to remove

requirements for filing and service by

mail and personal delivery to allow for

e-filing and e-service, except where

required by statute. Using the general

terms ‘‘filing’’ and ‘‘service’’ will allow

for all forms of filing and service

permitted by 29 CFR part 26. The

Department also proposes to cross-

reference the Board’s rules of practice

and procedure at 29 CFR part 26 and the

OALJ’s rules of practice and procedure

at 29 CFR part 18 where necessary to

clarify the application of those parts.

Further, in 29 CFR parts 24 and 1978–

88, where the Occupational Safety and

Health Administration (OSHA) is

required to deliver its findings and

orders by certified mail, the Department

proposes to allow OSHA to deliver such

findings and orders by means that allow

it to confirm delivery to all parties of

record and each party’s legal counsel.

This would provide flexibility to the

agency and allow for electronic delivery

when appropriate.

2. Changes to Requirements To Send

Copies of Documents

Many regulations require parties to

send additional paper copies of all

documents to the Board. To allow for

better transition to full electronic case

management and to simplify the filing

process for parties, the Department

proposes to remove requirements to

send copies of all documents to the

Board. Paper copies are not necessary

when e-filing, and the Board no longer

needs multiple paper copies from self-

represented parties or those who are

granted an exemption from e-filing.

3. Nomenclature and Other Technical

Changes

To update the regulations for clarity,

accuracy, and to comply with 29 CFR

part 26, the Department proposes to

make several technical changes to the

regulations. Specifically, the

Department proposes to remove

outdated mailing addresses for both the

Board and the Office of Administrative

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1838

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

Law Judges. The Department also

proposes to update the regulations that

require documents to be filed with the

Executive Director of the Board to

require that documents be filed the

Clerk of the Appellate Boards. The

Department also proposes to update the

authorities section in 29 CFR parts 7, 8,

and 458 to include the applicable

Secretary’s Order, Secretary’s Order 01–

2020. Finally, the Department proposes

to update the pronouns in 29 CFR

417.15 to account for a previous change

from ‘‘Secretary’’ to ‘‘Board.’’

4. Changes to References to the

Secretary

The Department proposes to revise

references to the ‘‘Secretary’’ or the

‘‘authority head’’ to the ‘‘Administrative

Review Board,’’ ‘‘Board,’’ or ‘‘ARB’’ to

clarify the authority and responsibilities

of the Board. Many regulations,

particularly older ones, contain

references to the ‘‘Secretary’’ or

‘‘authority head’’ for responsibilities

that have been delegated to the Board by

the Secretary. Where necessary, these

changes are accompanied by a provision

allowing for discretionary review by the

Secretary, in accordance with

Secretary’s Order 01–2020 (or any

successor to that order). In such cases,

Board decisions would become final in

accordance with the finality provisions

of Secretary’s Order 01–2020, or any

successor to that order.

V. Administrative Requirements of the

Proposed Rulemaking

Executive Orders 12866, Regulatory

Planning and Review; 13563, Improving

Regulation and Regulatory Review; and

13777, Reducing Regulation and

Controlling Regulatory Costs

Executive Orders 12866 and 13563

direct agencies to assess the costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety

effects, distributive impacts, and

equity). Executive Order 13563

emphasizes the importance of

quantifying both costs and benefits, of

reducing costs, of harmonizing rules,

and of promoting flexibility. Executive

Order 13771 directs agencies to reduce

regulation and control regulatory costs

and provides that ‘‘for every one new

regulation issued, at least two prior

regulations be identified for elimination,

and that the cost of planned regulations

be prudently managed and controlled

through a budgeting process.’’

This proposed rule has been drafted

and reviewed in accordance with

Executive Order 12866. The Department

of Labor, in coordination with the Office

of Management and Budget (OMB),

determined that this proposed rule is

not a significant regulatory action under

section 3(f) of Executive Order 12866

because the rule will not have an annual

effect on the economy of $100 million

or more; will not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; and will not materially

alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof. Furthermore, the rule

does not raise a novel legal or policy

issue arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

OMB has not designated this rule a

significant regulatory action under

section 3(f) of Executive Order 12866.

Accordingly, OMB has not reviewed it.

As this rule is not a significant

regulatory action, this rule is exempt

from the requirements of Executive

Order 13771. See OMB’s Memorandum

‘‘Guidance Implementing Executive

Order 13771, Titled ‘Reducing

Regulation and Controlling Regulatory

Costs’’’ (April 5, 2017).

Regulatory Flexibility Act of 1980

Because no notice of proposed

rulemaking is required for this rule

under section 553(b) of the

Administrative Procedure Act, the

regulatory flexibility requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601,

do not apply to this rule. See 5 U.S.C.

601(2).

Paperwork Reduction Act (PRA)

The Department has determined that

this proposed rule is not subject to the

requirements of the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

(PRA), as this rulemaking involves

administrative actions to which the

Federal government is a party or that

occur after an administrative case file

has been opened regarding a particular

individual. See 5 CFR 1320.4(a)(2), (c).

Unfunded Mandates Reform Act of 1995

and Executive Order 13132, Federalism

The Department has reviewed this

proposed rule in accordance with the

requirements of Executive Order 13132

and the Unfunded Mandates Reform Act

of 1995, 2 U.S.C. 1501 et seq., and has

found no potential or substantial direct

effects on the states, on the relationship

between the national government and

the states, or on the distribution of

power and responsibilities among the

various levels of government. As there

is no Federal mandate contained herein

that could result in increased

expenditures by state, local, and tribal

governments, or by the private sector,

the Department has not prepared a

budgetary impact statement.

Executive Order 13175, Consultation

and Coordination With Indian Tribal

Governments

The Department has reviewed this

proposed rule in accordance with

Executive Order 13175 and has

determined that it does not have ‘‘tribal

implications.’’ The proposed rule does

not ‘‘have substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes.’’

Executive Order 13211, Energy Supply,

Distribution, or Use

The Department has reviewed this

proposed rule and has determined that

the provisions of Executive Order 13211

are not applicable as this is not a

significant regulatory action and there

are no direct or implied effects on

energy supply, distribution, or use.

List of Subjects

20 CFR Part 641

Administrative practice and

procedure, Grievance procedure and

appeals process, Senior Community

Service Employment Program, Services

to participants.

20 CFR Part 655

Administrative practice and

procedure, Labor certification process

for temporary employment.

20 CFR Part 658

Administrative practice and

procedure, Complaint system,

Discontinuation of services, State

workforce agency compliance, Federal

application of remedial action to state

workforce agencies, Wagner-Peyser Act

Employment Service.

20 CFR Part 667

Adjudication and Judicial Review,

Administrative practice and procedure,

Oversight and monitoring, Grievance

procedures, complaints, and state

appeal processes, Sanctions, corrective

actions, and waiver of liability,

Reporting and recordkeeping

requirements, Resolution of findings,

Workforce Investment Act.

20 CFR Part 683

Adjudication and judicial review,

Administrative practice and procedure,

Funding and closeout, Grievance

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1839

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

procedures, complaints, and state

appeal processes, Oversight and

resolution of findings, Pay-for-

performance contract strategies,

Reporting and recordkeeping

requirements, Rules, costs, and

limitations, Sanctions, corrective

actions, and waiver of liability,

Workforce Innovation And Opportunity

Act.

20 CFR Part 726

Administrative practice and

procedure, Black lung benefits,

Authorization of self-insurers, Civil

money penalties.

29 CFR Part 7

Administrative practice and

procedure, Government contracts,

Minimum wages.

29 CFR Part 8

Administrative practice and

procedure, Government contracts,

Minimum wages.

29 CFR Part 22

Administrative practice and

procedure, Appeal to the Administrative

Review Board.

29 CFR Part 24

Administrative practice and

procedure, Employee protection,

Findings, Litigation, Investigations,

Retaliation complaints, Environmental

protection, Energy Reorganization Act of

1974, as amended.

29 CFR Part 26

Administrative practice and

procedure.

29 CFR Part 29

Administrative practice and

procedure, Apprenticeship programs,

Labor standards, State apprenticeship

agencies.

29 CFR Part 37

Administrative practice and

procedure, Workforce Investment Act of

1998, Obligations of recipients and

governors, Compliance procedures.

29 CFR Part 38

Administrative practice and

procedure, Compliance procedures,

Obligations of recipients and governors,

Workforce Innovation and Opportunity

Act.

29 CFR Part 96

Administrative practice and

procedure, Audit requirements, Grants,

contracts, and other agreements.

29 CFR Part 417

Administrative practice and

procedure, Labor management

standards, Procedures for removal of

local labor organization officers.

29 CFR Part 458

Administrative practice and

procedure, Standards of conduct, Labor-

Management Reporting and Disclosure

Act of 1959.

29 CFR Part 500

Administrative practice and

procedure, Migrant and seasonal

agricultural worker protection,

Enforcement, Worker protections,

Registration, Motor vehicles, Housing.

29 CFR Part 525

Administrative practice and

procedure, Workers with disabilities,

Wage rates, Special certificates.

29 CFR Part 530

Administrative practice and

procedure, Homeworkers, Employer

Certificates, Denial/revocation of

certificates, Civil money penalties.

29 CFR Part 580

Administrative practice and

procedure, Assessing and contesting,

Civil money penalties.

29 CFR Part 1978

Administrative practice and

procedure, Employee protection,

Findings, Investigations Litigation,

Retaliation complaints, Surface

Transportation Assistance Act of 1982.

29 CFR Part 1979

Administrative practice and

procedure, Employee protection,

Findings, Litigation, Investigations,

Retaliation complaints, Wendell H. Ford

Aviation Investment and Reform Act for

the 21st Century.

29 CFR Part 1980

Administrative practice and

procedure, Employee protection,

Findings, Investigations, Litigation,

Retaliation complaints, Sarbanes-Oxley

Act of 2002.

29 CFR Part 1981

Administrative practice and

procedure, Employee protection,

Findings, Litigation, Investigations,

Pipeline Safety Improvement Act of

2002, Retaliation complaints.

29 CFR Part 1982

Administrative practice and

procedure, Employee protection,

Findings, Litigation, Investigations,

National Transit Systems Security Act,

Federal Railroad Safety Act, Retaliation

complaints.

29 CFR Part 1983

Administrative practice and

procedure, Consumer Product Safety

Improvement Act of 2008, Employee

protection, Findings, Investigations,

Litigation, Retaliation complaints.

29 CFR Part 1984

Administrative practice and

procedure, Affordable Care Act,

Employee protection, Findings,

Investigations, Litigation, Retaliation

complaints.

29 CFR Part 1985

Administrative practice and

procedure, Consumer Financial

Protection Act of 2010, Employee

protection, Findings, Investigations,

Litigation, Retaliation complaints.

29 CFR Part 1986

Administrative practice and

procedure, Employee protection,

Findings, Investigations, Litigation,

Retaliation complaints, Seaman’s

Protection Act.

29 CFR Part 1987

Administrative practice and

procedure, Employee protection, FDA

Food Safety Modernization Act,

Findings, Investigations, Litigation,

Retaliation complaints.

29 CFR Part 1988

Administrative practice and

procedure, Employee protection,

Findings, Investigations, Litigation,

Moving Ahead for Progress in the 21st

Century Act, Retaliation complaints.

41 CFR Part 60–30

Administrative practice and

procedure, Equal opportunity, Executive

Order 11246, Property management,

Public contracts.

For the reasons discussed in the

preamble, the Department proposes to

amend Titles 20, 29, and 41 of the Code

of Federal Regulations as set forth

below:

DEPARTMENT OF LABOR

Title 20: Employees’ Benefits

Employment and Training

Administration

PART 641—PROVISIONS GOVERNING

THE SENIOR COMMUNITY SERVICE

EMPLOYMENT PROGRAM

■1. The authority citation for part 641

continues to read as follows:

Authority: 42 U.S.C. 3056 et seq.; Pub. L.

114–144, 130 Stat. 334 (Apr. 19, 2016).

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1840

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

■2. In § 641.900, revise paragraphs (d)

and (e) to read as follows:

§ 641.900 What appeal process is available

to an applicant that does not receive a

grant?

* * * * *

(d) A request for a hearing must be

filed with the Chief Administrative Law

Judge, U.S. Department of Labor, with

one copy to the Departmental official

who issued the determination.

(e) The decision of the ALJ constitutes

final agency action unless, within 21

days of the decision, a party dissatisfied

with the ALJ’s decision, in whole or in

part, has filed a petition for review with

the Administrative Review Board (ARB)

(established under Secretary’s Order No.

01–2020), specifically identifying the

procedure, fact, law, or policy to which

exception is taken, in accordance with

29 CFR part 26. The Department will

deem any exception not specifically

urged to have been waived. A copy of

the petition for review must be sent to

the grant officer at that time. If, within

30 days of the filing of the petition for

review, the ARB does not notify the

parties that the case has been accepted

for review, then the decision of the ALJ

constitutes final agency action. In any

case accepted by the ARB, a decision

must be issued by the ARB within 180

days of acceptance. If a decision is not

so issued, the decision of the ALJ

constitutes final agency action.

* * * * *

■3. In § 641.920, revise paragraphs

(d)(1) and (5) to read as follows:

§ 641.920 What actions of the Department

may a grantee appeal and what procedures

apply to those appeals?

* * * * *

(d) * * *

(1) Within 21 days of receipt of the

Department’s final determination, the

grantee may file a request for a hearing

with the Chief Administrative Law

Judge, United States Department of

Labor, in accordance with 29 CFR part

18, with a copy to the Department

official who signed the final

determination.

* * * * *

(5) The decision of the ALJ constitutes

final agency action unless, within 21

days of the decision, a party dissatisfied

with the ALJ’s decision, in whole or in

part, has filed a petition for review with

the ARB (established under Secretary’s

Order No. 01–2020), specifically

identifying the procedure, fact, law, or

policy to which exception is taken, in

accordance with 29 CFR part 26. The

Department will deem any exception

not specifically argued to have been

waived. A copy of the petition for

review must be sent to the grant officer

at that time. If, within 30 days of the

filing of the petition for review, the ARB

does not notify the parties that the case

has been accepted for review, then the

decision of the ALJ constitutes final

agency action. In any case accepted by

the ARB, a decision must be issued by

the ARB within 180 days of acceptance.

If a decision is not so issued, the

decision of the ALJ constitutes final

agency action.

PART 655—TEMPORARY

EMPLOYMENT OF FOREIGN

WORKERS IN THE UNITED STATES

■4. The authority citation for part 655

continues to read as follows:

Authority: Section 655.0 issued under 8

U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i)

and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), and

(t), 1184(c), (g), and (j), 1188, and 1288(c) and

(d); sec. 3(c)(1), Pub. L. 101–238, 103 Stat.

2099, 2102 (8 U.S.C. 1182 note); sec. 221(a),

Pub. L. 101–649, 104 Stat. 4978, 5027 (8

U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102–

232, 105 Stat. 1733, 1748 (8 U.S.C. 1101

note); sec. 323(c), Pub. L. 103–206, 107 Stat.

2428; sec. 412(e), Pub. L. 105–277, 112 Stat.

2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L.

106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182

note); 29 U.S.C. 49k; Pub. L. 107–296, 116

Stat. 2135, as amended; Pub. L. 109–423, 120

Stat. 2900; 8 CFR 214.2(h)(4)(i); 8 CFR

214.2(h)(6)(iii); and sec. 6, Pub. L. 115–218,

132 Stat. 1547 (48 U.S.C. 1806).

Subpart A issued under 8 CFR 214.2(h).

Subpart B issued under 8 U.S.C.

1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8

CFR 214.2(h).

Subpart E issued under 48 U.S.C. 1806.

Subparts F and G issued under 8 U.S.C.

1288(c) and (d); sec. 323(c), Pub. L. 103–206,

107 Stat. 2428; and 28 U.S.C. 2461 note, Pub.

L. 114–74 at section 701.

Subparts H and I issued under 8 U.S.C.

1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and

(t), and 1184(g) and (j); sec. 303(a)(8), Pub. L.

102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101

note); sec. 412(e), Pub. L. 105–277, 112 Stat.

2681; 8 CFR 214.2(h); and 28 U.S.C. 2461

note, Pub. L. 114–74 at section 701.

Subparts L and M issued under 8 U.S.C.

1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d),

Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C.

1182 note); Pub. L. 109–423, 120 Stat. 2900;

and 8 CFR 214.2(h).

* * * * *

■5. In § 655.182, revise paragraphs

(f)(3) and (f)(5)(i) to read as follows:

§ 655.182 Debarment.

* * * * *

(f) * * *

(3) Hearing. The recipient of a Notice

of Debarment may request a debarment

hearing within 30 calendar days of the

date of a Notice of Debarment or the

date of a final determination of the

OFLC Administrator after review of

rebuttal evidence submitted pursuant to

§ 655.182(f)(2). To obtain a debarment

hearing, the debarred party must, within

30 days of the date of the Notice or the

final determination, file a written

request with the Chief Administrative

Law Judge, United States Department of

Labor, in accordance with 29 CFR part

18, and simultaneously serve a copy to

the OFLC Administrator. The debarment

will take effect 30 days from the date the

Notice of Debarment or final

determination is issued, unless a request

for review is properly filed within 30

days from the issuance of the Notice of

Debarment or final determination. The

timely filing of a request for a hearing

stays the debarment pending the

outcome of the hearing. Within 10 days

of receipt of the request for a hearing,

the OFLC Administrator will send a

certified copy of the ETA case file to the

Chief ALJ by means normally assuring

next-day delivery. The Chief ALJ will

immediately assign an ALJ to conduct

the hearing. The procedures in 29 CFR

part 18 apply to such hearings, except

that the request for a hearing will not be

considered to be a complaint to which

an answer is required.

* * * * *

(5) Review by the ARB. (i) Any party

wishing review of the decision of an ALJ

must, within 30 days of the decision of

the ALJ, petition the ARB to review the

decision in accordance with 29 CFR part

26. Copies of the petition must be

served on all parties and on the ALJ.

The ARB will decide whether to accept

the petition within 30 days of receipt. If

the ARB declines to accept the petition,

or if the ARB does not issue a notice

accepting a petition within 30 days after

the receipt of a timely filing of the

petition, the decision of the ALJ will be

deemed the final agency action. If a

petition for review is accepted, the

decision of the ALJ will be stayed unless

and until the ARB issues an order

affirming the decision. The ARB must

serve notice of its decision to accept or

not to accept the petition upon the ALJ

and upon all parties to the proceeding.

* * * * *

■6. In § 655.473, revise paragraphs

(f)(3)(i) and (f)(5)(i) to read as follows:

§ 655.473 Debarment.

* * * * *

(f) * * *

(3) Request for review. (i) The

recipient of a Notice of Debarment or

Final Determination seeking to

challenge the debarment must request

review of the debarment within 30

calendar days of the date of the Notice

of Debarment or the date of the Final

Determination by the OFLC

Administrator after review of rebuttal

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1841

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

evidence submitted under paragraph

(f)(2) of this section. A request for

review of debarment must be filed in

writing with the Chief ALJ, United

States Department of Labor, in

accordance with 29 CFR part 18, with a

simultaneous copy served on the OFLC

Administrator; the request must clearly

identify the particular debarment

determination for which review is

sought; and must set forth the particular

grounds for the request. If no timely

request for review is filed, the

debarment will take effect on the date

specified in the Notice of Debarment or

Final Determination, or if no date is

specified, 30 calendar days from the

date the Notice of Debarment or Final

Determination is issued.

* * * * *

(5) Review by the ARB. (i) Any party

wishing review of the decision of an ALJ

must, within 30 calendar days of the

decision of the ALJ, petition the ARB to

review the decision in accordance with

29 CFR part 26. Copies of the petition

must be served on all parties and on the

ALJ. The ARB will decide whether to

accept the petition within 30 calendar

days of receipt. If the ARB declines to

accept the petition, or if the ARB does

not issue a notice accepting a petition

within 30 calendar days after the receipt

of a timely filing of the petition, the

decision of the ALJ is the final agency

action. If a petition for review is

accepted, the decision of the ALJ will be

stayed unless and until the ARB issues

an order affirming the decision. The

ARB must serve notice of its decision to

accept or not to accept the petition upon

the ALJ and upon all parties to the

proceeding.

* * * * *

■7. In § 655.845, revise paragraph (f) to

read as follows:

§ 655.845 What rules apply to appeal of the

decision of the administrative law judge?

* * * * *

(f) All documents submitted to the

Board shall be filed with the

Administrative Review Board in

accordance with 29 CFR part 26.

Documents are not deemed filed with

the Board until actually received by the

Board. All documents, including

documents filed by mail, shall be

received by the Board either on or

before the due date.

* * * * *

■8. In § 655.1245, revise paragraph (f)

to read as follows:

§ 655.1245 Who can appeal the ALJ’s

decision and what is the process?

* * * * *

(f) All documents submitted to the

Board must be filed with the

Administrative Review Board in

accordance with 29 CFR part 26.

Documents are not deemed filed with

the Board until actually received by the

Board. All documents, including

documents filed by mail, must be

received by the Board either on or

before the due date.

* * * * *

PART 658—ADMINISTRATIVE

PROVISIONS GOVERNING THE

WAGNER-PEYSER ACT EMPLOYMENT

SERVICE

■9. The authority citation for part 658

continues to read as follows:

Authority: Secs. 189, 503, Pub. L. 113–128,

128 Stat. 1425 (Jul. 22, 2014); 29 U.S.C.

chapter 4B.

■10. In § 658.710, revise paragraph (d)

to read as follows:

§ 658.710 Decision of the Administrative

Law Judge.

* * * * *

(d) If the case involves the

decertification of an appeal to the SWA,

the decision of the ALJ must contain a

notice stating that, within 30 calendar

days of the decision, the SWA or the

Administrator may appeal to the

Administrative Review Board, United

States Department of Labor, by filing an

appeal with the Administrative Review

Board in accordance with 29 CFR part

26.

PART 667—ADMINISTRATIVE

PROVISIONS UNDER TITLE I OF THE

WORKFORCE INVESTMENT ACT

■11. The authority citation for part 667

continues to read as follows:

Authority: Subtitle C of Title I, Sec. 506(c),

Pub. L. 105–220, 112 Stat. 936 (20 U.S.C.

9276(c)); Executive Order 13198, 66 FR 8497,

3 CFR 2001 Comp., p. 750; Executive Order

13279, 67 FR 77141, 3 CFR 2002 Comp., p.

258.

■12. In § 667.800, revise paragraph (d)

to read as follows:

§ 667.800 What actions of the Department

may be appealed to the Office of

Administrative Law Judges?

* * * * *

(d) A request for a hearing must be

filed with the Chief Administrative Law

Judge, U.S. Department of Labor, in

accordance with 29 CFR part 18, with

one copy to the Departmental official

who issued the determination.

* * * * *

■13. In § 667.830, revise paragraph (b)

to read as follows:

§ 667.830 When will the Administrative

Law Judge issue a decision?

* * * * *

(b) The decision of the ALJ constitutes

final agency action unless, within 20

days of the decision, a party dissatisfied

with the ALJ’s decision has filed a

petition for review with the

Administrative Review Board (ARB)

(established under Secretary’s Order No.

01–2020), specifically identifying the

procedure, fact, law, or policy to which

exception is taken, in accordance with

29 CFR part 26. Any exception not

specifically urged is deemed to have

been waived. A copy of the petition for

review must be sent to the opposing

party at that time. Thereafter, the

decision of the ALJ constitutes final

agency action unless the ARB, within 30

days of the filing of the petition for

review, notifies the parties that the case

has been accepted for review. In any

case accepted by the ARB, a decision

must be issued by the ARB within 180

days of acceptance. If a decision is not

so issued, the decision of the ALJ

constitutes final agency action.

PART 683—ADMINISTRATIVE

PROVISIONS UNDER TITLE I OF THE

WORKFORCE INNOVATION AND

OPPORTUNITY ACT

■14. The authority citation for Part 683

is revised to read as follows:

Authority: Secs. 102, 116, 121, 127, 128,

132, 133, 147, 167, 169, 171, 181, 185, 186,

189, 195, 503, Pub. L. 113–128, 128 Stat.

1425 (Jul. 22, 2014).

■15. In § 683.800, revise paragraph (d)

to read as follows:

§ 683.800 What actions of the Department

may be appealed to the Office of

Administrative Law Judges?

* * * * *

(d) A request for a hearing must be

filed with the Chief Administrative Law

Judge, U.S. Department of Labor, in

accordance with 29 CFR part 18, with

one copy to the Departmental official

who issued the determination.

* * * * *

■16. In § 683.830, revise paragraph (b)

to read as follows:

§ 683.830 When will the Administrative

Law Judge issue a decision?

* * * * *

(b) The decision of the ALJ constitutes

final agency action unless, within 20

days of the decision, a party dissatisfied

with the ALJ’s decision has filed a

petition for review with the

Administrative Review Board (ARB)

(established under Secretary’s Order No.

01–2020), specifically identifying the

procedure, fact, law, or policy to which

exception is taken, in accordance with

29 CFR part 26. Any exception not

specifically raised in the petition is

deemed to have been waived. A copy of

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1842

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

the petition for review also must be sent

to the opposing party and if an

applicant or recipient, to the Grant

Officer and the Grant Officer’s Counsel

at the time of filing. Unless the ARB,

within 30 days of the filing of the

petition for review, notifies the parties

that the case has been accepted for

review, the decision of the ALJ

constitutes final agency action. In any

case accepted by the ARB, a decision

must be issued by the ARB within 180

days of acceptance. If a decision is not

so issued, the decision of the ALJ

constitutes final agency action.

PART 726—BLACK LUNG BENEFITS;

REQUIREMENTS FOR COAL MINE

OPERATOR’S INSURANCE

■17. The authority citation for part 726

is revised to read as follows:

Authority: 5 U.S.C. 301; 30 U.S.C. 901 et

seq., 902(f), 925, 932, 933, 934, 936; 33 U.S.C.

901 et seq.; 28 U.S.C. 2461 note (Federal Civil

Penalties Inflation Adjustment Act of 1990

(as amended by the Federal Civil Penalties

Inflation Adjustment Act Improvements Act

of 2015)); Pub. L. 114–74 at sec. 701;

Reorganization Plan No. 6 of 1950, 15 FR

3174; Secretary’s Order 10–2009, 74 FR

58834.

■18. In § 726.308, revise paragraphs (a)

and (b) to read as follows:

§ 726.308 Service and computation of

time.

(a) Service of documents under this

subpart while the matter is before

OWCP shall be made by delivery to the

person, an officer of a corporation, or

attorney of record, or by mailing the

document to the last known address of

the person, officer, or attorney. If service

is made by mail, it shall be considered

complete upon mailing. Unless

otherwise provided in this subpart,

service need not be made by certified

mail. If service is made by delivery, it

shall be considered complete upon

actual receipt by the person, officer, or

attorney; upon leaving it at the person’s,

officer’s, or attorney’s office with a clerk

or person in charge; upon leaving it at

a conspicuous place in the office if no

one is in charge; or by leaving it at the

person’s or attorney’s residence.

(b) Service made after a complaint is

filed under § 726.309 must be made in

accordance with 29 CFR part 18, as

appropriate. When proceedings are

initiated for review by the

Administrative Review Board under

§ 726.314, service must be made in

accordance with 29 CFR part 26, as

appropriate.

* * * * *

■19. In § 726.314, revise the section

heading and paragraph (a) to read as

follows:

§ 726.314 Review by the Administrative

Review Board.

(a) The Director or any party

aggrieved by a decision of the

Administrative Law Judge may petition

the Administrative Review Board

(Board) for review of the decision by

filing a petition within 30 days of the

date on which the decision was issued.

Any other party may file a cross-petition

for review within 15 days of its receipt

of a petition for review or within 30

days of the date on which the decision

was issued, whichever is later. Copies of

any petition or cross-petition shall be

served on all parties and on the Chief

Administrative Law Judge.

* * * * *

■20. Revise § 726.316 to read as

follows:

§ 726.316 Filing and service.

(a) Filing. All documents submitted to

the Administrative Review Board

(Board) shall be filed in accordance with

29 CFR part 26.

(b) Computation of time for delivery

by mail. Documents are not deemed

filed with the Board until actually

received by the Board either on or

before the due date. No additional time

shall be added where service of a

document requiring action within a

prescribed time was made by mail.

(c) Manner and proof of service. A

copy of each document filed with the

Board shall be served upon all other

parties involved in the proceeding in

accordance with 29 CFR part 26.

■21. Revise § 726.317 to read as

follows:

§ 726.317 Discretionary review.

(a) Following receipt of a timely

petition for review, the Administrative

Review Board (Board) shall determine

whether the decision warrants review,

and shall send a notice of such

determination to the parties and the

Chief Administrative Law Judge. If the

Board declines to review the decision,

the Administrative Law Judge’s decision

shall be considered the final decision of

the agency. The Board’s determination

to review a decision by an

Administrative Law Judge under this

subpart is solely within the discretion of

the Board.

(b) The Board’s notice shall specify:

(1) The issue or issues to be reviewed;

and

(2) The schedule for submitting

arguments, in the form of briefs or such

other pleadings as the Board deems

appropriate.

(c) Upon receipt of the Board notice,

the Director shall forward the record to

the Board.

■22. Revise § 726.318 to read as

follows:

§ 726.318 Decision of the Administrative

Review Board.

The Administrative Review Board’s

(Board) review shall be based upon the

hearing record. The findings of fact in

the decision under review shall be

conclusive if supported by substantial

evidence in the record as a whole. The

Board’s review of conclusions of law

shall be de novo. Upon review of the

decision, the Board may affirm, reverse,

modify, or vacate the decision, and may

remand the case to the Office of

Administrative Law Judges for further

proceedings. The Board’s decision shall

be served upon all parties and the Chief

Administrative Law Judge in accordance

with 29 CFR part 26.

Title 29: Labor

OFFICE OF THE SECRETARY OF

LABOR

PART 7—PRACTICE BEFORE THE

ADMINISTRATIVE REVIEW BOARD

WITH REGARD TO FEDERAL AND

FEDERALLY ASSISTED

CONSTRUCTION CONTRACTS

■23. The authority citation for part 7 is

revised to read as follows:

Authority: Reorg. Plan No. 14 of 1950, 64

Stat. 1267; 5 U.S.C. 301, 3 CFR, 1949–1953

Comp., p. 1007; sec. 2, 48 Stat. 948 as

amended; 40 U.S.C. 276c; secs. 104, 105, 76

Stat. 358, 359; 40 U.S.C. 330, 331; 65 Stat.

290; 36 FR 306, 8755; Secretary’s Order No.

01–2020, 85 FR 13186 (March 6, 2020).

■24. Revise § 7.3 to read as follows:

§ 7.3 Where to file.

The petition accompanied by a

statement of service shall be filed with

the Administrative Review Board, U.S.

Department of Labor, in accordance

with 29 CFR part 26. In addition, copies

of the petition shall be served upon each

of the following:

(a) The Federal, State, or local agency,

or agencies involved;

(b) The officer issuing the wage

determination; and

(c) Any other person (or the

authorized representatives of such

persons) known, or reasonably

expected, to be interested in the subject

matter of the petition.

■25. Revise § 7.7 to read as follows:

§ 7.7 Presentations of other interested

persons.

Interested persons other than the

petitioner shall have a reasonable

opportunity as specified by the Board in

particular cases to submit to the Board

written data, views, or arguments

relating to the petition. Such matter

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1843

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

should be filed with the Administrative

Review Board, U.S. Department of

Labor, in accordance with 29 CFR part

26. Copies of any such matter shall be

served on the petitioner and other

interested persons.

■26. In § 7.9, revise paragraph (a) to

read as follows:

§ 7.9 Review of decisions in other

proceedings.

(a) Any party or aggrieved person

shall have a right to file a petition for

review with the Board within a

reasonable time from any final decision

in any agency action under part 1, 3, or

5 of this subtitle.

* * * * *

■27. Revise § 7.12 to read as follows:

§ 7.12 Intervention; other participation.

(a) For good cause shown, the Board

may permit any interested person or

party to intervene or otherwise

participate in any proceeding held by

the Board. Except when requested orally

before the Board, a petition to intervene

or otherwise participate shall be in

writing and shall state with precision

and particularity:

(1) The petitioner’s relationship to the

matters involved in the proceedings;

and

(2) The nature of the presentation

which he would make.

(b) Copies of the petition shall be

served to all parties or interested

persons known to participate in the

proceeding, who may respond to the

petition. Appropriate service shall be

made of any response.

■28. Amend § 7.16 by:

■a. Revising paragraph (a);

■b. Removing paragraph (b);

■c. Redesignating paragraphs (c) and

(d) as paragraphs (b) and (c); and

■d. Revising newly redesignated

paragraph (b).

The revisions read as follows:

§ 7.16 Filing and service.

(a) Filing. All papers submitted to the

Board under this part shall be filed with

the Clerk of the Appellate Boards, U.S.

Department of Labor.

(b) Manner of service. Service under

this part shall be by the filing party or

interested person and in accordance

with 29 CFR part 26. Service by mail is

complete on mailing.

* * * * *

PART 8—PRACTICE BEFORE THE

ADMINISTRATIVE REVIEW BOARD

WITH REGARD TO FEDERAL SERVICE

CONTRACTS

■29. The authority citation for part 8 is

revised to read as follows:

Authority: Secs. 4 and 5, 79 Stat. 1034,

1035, as amended by 86 Stat. 789, 790, 41

U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No.

14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix;

76 Stat. 357–359, 40 U.S.C. 327–332;

Secretary’s Order No. 01–2020, 85 FR 13186

(March 6, 2020).

■30. Amend § 8.10 by:

■a. Revising paragraph (a);

■b. Removing paragraph (b);

■c. Redesignating paragraphs (c), (d),

and (e) as paragraphs (b), (c), and (d);

and

■d. Revising newly redesignated

paragraph (b).

The revisions read as follows:

§ 8.10 Filing and service.

(a) Filing. All papers submitted to the

Board under this part shall be filed with

the Clerk of the Appellate Boards, U.S.

Department of Labor.

(b) Manner of service. Service under

this part shall be in accordance with 29

CFR part 26. Service by mail is complete

on mailing. For purposes of this part,

filing is accomplished upon the day of

service, by mail or otherwise.

* * * * *

■31. In § 8.12, by revise the

introductory text to read as follows:

§ 8.12 Intervention; other participation.

For good cause shown, the Board may

permit any interested party to intervene

or otherwise participate in any

proceeding held by the Board. Except

when requested orally before the Board,

a petition to intervene or otherwise

participate shall be in writing and shall

state with precision and particularity:

* * * * *

PART 22—PROGRAM FRAUD CIVIL

REMEDIES ACT OF 1986

■32. The authority citation for part 22

continues to read as follows:

Authority: Pub. L. 99–509, § 6101–6104,

100 Stat. 1874, 31 U.S.C. 3801–3812.

■33. In § 22.2:

■a. Redesignate paragraphs (b) through

(r) as paragraphs (c) through (s); and

■b. Add new paragraph (b).

The addition reads as follows:

§ 22.2 Definitions.

* * * * *

(b) ARB means the Administrative

Review Board delegated to act as the

authorized representative of the

Secretary of Labor in review or on

appeal of decisions and

recommendations as provided in

Secretary’s Order 01–2020 (or any

successor to that order).

* * * * *

■34. In § 22.10, remove the words

‘‘authority head’’ and add in their place

the word ‘‘ARB’’ wherever they occur in

paragraphs (h) through (k) and revise

paragraph (l).

The revision reads as follows:

§ 22.10 Default upon failure to file an

answer.

* * * * *

(l) If the ARB decides that the

defendant’s failure to file a timely

answer is not excused, the ARB shall

reinstate the initial decision of the ALJ,

which shall become final and binding

upon the parties 30 days after the ARB

issues such decision and it becomes

final in accordance with Secretary’s

Order 01–2020 (or any successor to that

order).

■35. In § 22.12, revise paragraph (a) to

read as follows:

§ 22.12 Notice of hearing.

(a) When the ALJ receives the

complaint and answer, the ALJ shall

promptly serve a notice of hearing upon

the defendant in the manner prescribed

by 29 CFR part 18. At the same time, the

ALJ shall send a copy of such notice to

the representative for the Government.

* * * * *

■36. In § 22.14, revise paragraph (a)(2)

to read as follows:

§ 22.14 Separation of functions.

(a) * * *

(2) Participate or advise in the initial

decision or the review of the initial

decision by the ARB, except as a

witness or a representative in public

proceedings; or

* * * * *

■37. In § 22.16, revise paragraph (f)(3)

to read as follows:

§ 22.16 Disqualification of reviewing

official or ALJ.

* * * * *

(f) * * *

(3) If the ALJ denies a motion to

disqualify, the ARB may determine the

matter only as part of its review of the

initial decision upon appeal, if any.

■38. In § 22.26, revise paragraphs (b)

and (c) to read as follows:

§ 22.26 Form, filing and service of papers.

* * * * *

(b) Service. A party filing a document

with the ALJ shall, at the time of filing,

serve a copy of such document on every

other party. Service upon any party of

any document other than those required

to be served as prescribed in § 22.8 shall

be made in accordance with 29 CFR part

18. When a party is represented by a

representative, service shall be made

upon such representative in lieu of the

actual party.

(c) Proof of service. A certificate of the

individual serving the document, setting

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1844

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

forth the manner of service, shall be

proof of service.

§ 22.31 [Amended]

■39. In § 22.31, remove the words

‘‘authority head’’ and add in their place

the word ‘‘ARB’’ in paragraphs (a), (b)

introductory text, and (c).

■40. In § 22.35, revise paragraph (b) to

read as follows:

§ 22.35 The record.

* * * * *

(b) The transcript of testimony,

exhibits, and other evidence admitted at

the hearing, and all papers and requests

filed in the proceeding constitute the

record for the decision by the ALJ, the

ARB, and the authority head.

* * * * *

■41. In § 22.37, revise paragraphs (c)

and (d) to read as follows:

§ 22.37 Initial decision.

* * * * *

(c) The ALJ shall promptly serve the

initial decision on all parties within 90

days after the time for submission of

post-hearing briefs and reply briefs (if

permitted) has expired. The ALJ shall at

the same time serve all parties with a

statement describing the right of any

defendant determined to be liable for a

civil penalty or assessment to file a

motion for reconsideration with the ALJ

or a notice of appeal with the ARB. If

the ALJ fails to meet the deadline

contained in this paragraph, the ALJ

shall notify the parties of the reason for

the delay and shall set a new deadline.

(d) Unless the initial decision of the

ALJ is timely appealed to the ARB, or

a motion for reconsideration of the

initial decision is timely filed, the initial

decision shall constitute the final

decision of the authority head and shall

be final and binding on the parties 30

days after it is issued by the ALJ.

■42. In § 22.38, revise paragraphs (f)

and (g) to read as follows:

§ 22.38 Reconsideration of initial decision.

* * * * *

(f) If the ALJ denies a motion for

reconsideration, the initial decision

shall constitute the final decision of the

authority head and shall be final and

binding on the parties 30 days after the

ALJ denies the motion, unless the initial

decision is timely appealed to the ARB

in accordance with § 22.39.

(g) If the ALJ issues a revised initial

decision, that decision shall constitute

the final decision of the authority head

and shall be final and binding on the

parties 30 days after it is issued, unless

it is timely appealed to the ARB in

accordance with § 22.39.

■43. In § 22.39, revise paragraphs (a),

(b)(3), (c), (f), and (h) through (l) to read

as follows:

§ 22.39 Appeal to ARB.

(a) Any defendant who has filed a

timely answer and who is determined in

an initial decision to be liable for a civil

penalty or assessment may appeal such

decision to the ARB by filing a notice

of appeal with the ARB in accordance

with this section and with 29 CFR part

26.

(b) * * *

(3) The ARB may extend the initial

30-day period for an additional 30 days

if the defendant files with the ARB a

request for an extension within the

initial 30-day period and shows good

cause.

(c) If the defendant files a timely

notice of appeal with the ARB, and the

time for filing motions for

reconsideration under § 22.38 has

expired, the ALJ shall forward the

record of the proceeding to the ARB.

* * * * *

(f) There is no right to appear

personally before the ARB.

* * * * *

(h) In reviewing the initial decision,

the ARB shall not consider any

objection that was not raised before the

ALJ unless a demonstration is made of

extraordinary circumstances causing the

failure to raise the objection.

(i) If any party demonstrates to the

satisfaction of the ARB that additional

evidence not presented at such hearing

is material and that there were

reasonable grounds for the failure to

present such evidence at such hearing,

the ARB shall remand the matter to the

ALJ for consideration of such additional

evidence.

(j) The ARB may affirm, reduce,

reverse, compromise, remand, or settle

any penalty or assessment, determined

by the ALJ in any initial decision. The

ARB’s decision is subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020

(or any successor to that order).

(k) The ARB shall promptly serve

each party to the appeal with a copy of

the decision of the ARB and a statement

describing the right of any person

determined to be liable for a penalty or

assessment to seek judicial review.

(l) Unless a petition for review is filed

as provided in 31 U.S.C. 3805 after a

defendant has exhausted all

administrative remedies under this part

and within 60 days after the date on

which the authority head serves the

defendant with a copy of the authority

head’s decision, a determination that a

defendant is liable under § 22.3 is final

and is not subject to judicial review.

■44. In § 22.41, revise paragraph (a) to

read as follows:

§ 22.41 Stay pending appeal.

(a) An initial decision is stayed

automatically pending disposition of a

motion for reconsideration or of an

appeal to the ARB.

* * * * *

PART 24—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER THE EMPLOYEE

PROTECTION PROVISIONS OF SIX

ENVIRONMENTAL STATUTES AND

SECTION 211 OF THE ENERGY

REORGANIZATION ACT OF 1974, AS

AMENDED

■45. The authority citation for part 24

is revised to read as follows:

Authority: 15 U.S.C. 2622; 33 U.S.C. 1367;

42 U.S.C. 300j–9(i)BVG, 5851, 6971, 7622,

9610; Secretary of Labor’s Order No. 5–2007,

72 FR 31160 (June 5, 2007); Secretary’s Order

No. 01–2020, 85 FR 13186 (March 6, 2020).

■46. In § 24.105, revise paragraph (b) to

read as follows:

§ 24.105 Issuance of findings and orders.

* * * * *

(b) The findings and 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 order will inform the parties of their

right to file objections and to request a

hearing and provide the address of the

Chief Administrative Law Judge. The

Assistant Secretary will file a copy of

the original complaint and a copy of the

findings and order with the Chief

Administrative Law Judge, U.S.

Department of Labor.

* * * * *

■47. In § 24.106, revise paragraph (a) to

read as follows:

§ 24.106 Objections to the findings and

order and request for a hearing.

(a) Any party who desires review,

including judicial review, of the

findings and order must file any

objections and/or a request for a hearing

on the record within 30 days of receipt

of the findings and order pursuant to

§ 24.105(b). The objection and/or

request for a hearing must be in writing

and state whether the objection is to the

findings and/or the order. The date of

the postmark, facsimile transmittal,

email communication, or electronic

submission will be considered to be 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,

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1845

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

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

Labor.

* * * * *

■48. In § 24.107, revise paragraph (b) to

read as follows:

§ 24.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to a judge who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or otherwise

agreed to by the parties. Hearings will

be conducted de novo, on the record.

* * * * *

■49. In § 24.110, revise paragraphs (a)

and (c) to read as follows:

§ 24.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the ALJ must file a written petition

for review with the ARB, U.S.

Department of Labor, in accordance

with 29 CFR part 26. The decision of the

ALJ will become the final order of the

Secretary unless, pursuant to this

section, a timely petition for review is

filed with the ARB and the ARB accepts

the case for review. The parties should

identify in their petitions for review the

legal conclusions or orders to which

they object, or the objections will

ordinarily be deemed waived. A petition

must be filed within 10 business days of

the date of the decision of the ALJ. The

date of the postmark, facsimile

transmittal, email communication, or

electronic submission will be

considered to be the date of filing; if the

petition is filed in person, by hand-

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

ARB. Copies of the petition for review

and all briefs must be served on the

Assistant Secretary, Occupational Safety

and Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor.

* * * * *

(c) The final decision of the ARB will

be issued within 90 days of the filing of

the complaint. The decision will be

served upon all parties and the Chief

Administrative Law Judge. The final

decision will also be served on the

Assistant Secretary, Occupational Safety

and Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, even if the Assistant Secretary is

not a party.

* * * * *

■50. Add part 26 to read as follows:

PART 26—ADMINISTRATIVE REVIEW

BOARD RULES OF PRACTICE AND

PROCEDURE

Sec.

26.1 Purpose and scope.

26.2 General procedural matters.

26.3 Filing.

26.4 Service.

Authority: Secretary’s Order 01–2020, 85

FR 13186 (March 6, 2020).

§ 26.1 Purpose and scope.

(a) This part contains the rules of

practice of the Administrative Review

Board (ARB) when it is exercising its

authority as described in paragraph (b)

of this section. These rules shall govern

all appeals and proceedings before the

ARB except when inconsistent with a

governing statute, regulation, or

executive order, in which event the

latter shall control.

(b) The ARB has authority to act as

the authorized representative of the

Secretary of Labor in review or on

appeal of decisions and

recommendations as provided in

Secretary’s Order 01–2020 (or any

successor to that order). The ARB shall

act as fully and finally as the Secretary

of Labor concerning such matters,

except as provided in Secretary’s Order

01–2020 (or any successor to that order).

§ 26.2 General procedural matters.

(a) Definitions. (1) ARB means the

Administrative Review Board.

(2) Electronic case management

system means the Department of Labor’s

electronic filing and electronic service

system for adjudications.

(b) Computing time. (1) Unless a

different time is set by statute,

regulation, executive order, or judge’s

order, when computing a time period

stated in days,

(i) Exclude the day of the event that

triggers the period;

(ii) Count every day, including

intermediate Saturdays, Sundays, and

legal holidays; and

(iii) Include the last day of the period,

but if the last day is a Saturday, Sunday,

or legal holiday, the period continues to

run until the next day that is not a

Saturday, Sunday, or legal holiday.

(2) Unless a different time is set by

statute, regulation, executive order, or

judge’s order, the ‘‘last day’’ ends:

(i) For electronic filing via the

Department’s electronic case

management system or via other

electronic means, at 11:59:59 Eastern

Time on the due date.

(ii) For non-electronic filing, at the

time the office of the Clerk of the

Appellate Boards is scheduled to close

in Washington, DC on the due date.

(c) Mailing address. The mailing

address for the ARB is: Administrative

Review Board, Clerk of the Appellate

Boards, U.S. Department of Labor, 200

Constitution Ave. NW, Washington, DC

20210.

§ 26.3 Filing.

(a) Filing by electronic submission (e-

filing) via the Department’s electronic

case management system—(1) Attorneys

and lay representatives. Except as

otherwise provided in this section,

beginning on [DATE 45 DAYS AFTER

EFFECTIVE DATE OF FINAL RULE],

attorneys and lay representatives must

file all petitions, pleadings, exhibits,

and other documents with the ARB via

the Department’s electronic case

management system. Paper copies are

not required unless requested by the

ARB.

(2) Good cause exception. Attorneys

and lay representatives may request an

exemption to e-filing for good cause

shown. Such a request must include a

detailed explanation why e-filing or

acceptance of e-service should not be

required.

(3) Self-represented persons. Self-

represented persons may use but are not

required to use the Department’s

electronic case management system to

file documents.

(4) Filing—date of receipt. Unless a

different time is set by statute,

regulation, executive order, or judge’s

order, a document is considered filed

when received by the Clerk of the

Appellate Boards. Documents filed

through the Department’s electronic

case management system are considered

received by the Clerk of the Appellate

Boards as of the date and time recorded

by the Department’s electronic case

management system.

(5) Signing. A filing made through a

registered user’s account on the

Department’s electronic case

management system and authorized by

that person, together with that person’s

name on a signature block, constitutes

the person’s signature.

(6) Relief for Technical Failures. A

person who is adversely affected by a

technical failure in connection with

filing or receipt of an electronic

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1846

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

document may seek appropriate relief

from the ARB. If a technical malfunction

or other issue prevents access to the

Department’s case management system

for a protracted period, the ARB by

special order may provide appropriate

relief pending restoration of electronic

access.

(b) Alternate methods of filing. Unless

a different time is set by statute,

regulation, executive order, or judge’s

order, a document filed using a method

other than the Department’s electronic

case management system is considered

filed when received by the Clerk of the

Appellate Boards.

§ 26.4 Service.

(a) Electronic service. Electronic

service may be completed by

(1) Electronic mail, if consented to in

writing by the person served; or

(2) Sending it to a user registered with

the Department’s electronic case

management system by filing via this

system. A person who registers to use

the Department’s case management

system is deemed to have consented to

accept service through the system.

(b) Non-electronic service. Unless

otherwise provided by statute,

regulation, executive order, or judge’s

order, non-electronic service may be

completed by:

(1) Personal delivery;

(2) Mail; or

(3) Commercial delivery.

(c) When service is effected. Unless

otherwise provided by statute,

regulation, executive order, or judge’s

order,

(1) Service by personal delivery is

effected on the date the document is

delivered to the recipient.

(2) Service by mail or commercial

carrier is effected on mailing or delivery

to the carrier.

(3) Service by electronic means is

effected on sending.

PART 29—LABOR STANDARDS FOR

THE REGISTRATION OF

APPRENTICESHIP PROGRAMS

■51. The authority citation for part 29

is revised to read as follow:

Authority: Section 1, 50 Stat. 664, as

amended (29 U.S.C. 50; 40 U.S.C. 3145; 5

U.S.C. 301) Reorganization Plan No. 14 of

1950, 64 Stat. 1267 (5 U.S.C. App. P. 534).

■52. In § 29.10, revise paragraphs (a)

introductory text and (c) to read as

follows:

§ 29.10 Hearings for deregistration.

(a) Within 10 days of receipt of a

request for a hearing, the Administrator

of the Office of Apprenticeship must

contact the Department’s Office of

Administrative Law Judges to request

the designation of an Administrative

Law Judge to preside over the hearing.

The Administrative Law Judge shall

give reasonable notice of such hearing to

the appropriate sponsor. Such notice

will include:

* * * * *

(c) The Administrative Law Judge

should issue a written decision within

90 days of the close of the hearing

record. The Administrative Law Judge’s

decision constitutes final agency action

unless, within 15 days from receipt of

the decision, a party dissatisfied with

the decision files a petition for review

with the Administrative Review Board

in accordance with 29 CFR part 26,

specifically identifying the procedure,

fact, law, or policy to which exception

is taken. Any exception not specifically

urged is deemed to have been waived.

A copy of the petition for review must

be served on the opposing party at the

same time in accordance with 29 CFR

part 26. Thereafter, the decision of the

Administrative Law Judge remains final

agency action unless the Administrative

Review Board, within 30 days of the

filing of the petition for review, notifies

the parties that it has accepted the case

for review. The Administrative Review

Board may set a briefing schedule or

decide the matter on the record. The

Administrative Review Board must

issue a decision in any case it accepts

for review within 180 days of the close

of the record. If a decision is not so

issued, the Administrative Law Judge’s

decision constitutes final agency action.

■53. In § 29.13, revise paragraph (g)

introductory text and paragraph (g)(3) to

read as follows:

§ 29.13 Recognition of State

Apprenticeship Agencies.

* * * * *

(g) Denial of state apprenticeship

agency recognition. A denial by the

Office of Apprenticeship of a State

Apprenticeship Agency’s application for

new or continued recognition must be

in writing and must set forth the reasons

for denial. The notice must be sent by

certified mail, return receipt requested.

In addition to the reasons stated for the

denial, the notice must specify the

remedies which must be undertaken

prior to consideration of a resubmitted

request, and must state that a request for

administrative review of a denial of

recognition may be made within 30

calendar days of receipt of the notice of

denial from the Department. Such

request must be filed with the Chief

Administrative Law Judge for the

Department in accordance with 29 CFR

part 18. Within 30 calendar days of the

filing of the request for review, the

Administrator must prepare an

administrative record for submission to

the Administrative Law Judge

designated by the Chief Administrative

Law Judge.

* * * * *

(3) Within 20 days of the receipt of

the recommended decision, any party

may file exceptions. Any party may file

a response to the exceptions filed by

another party within 10 days of receipt

of the exceptions. All exceptions and

responses must be filed with the

Administrative Review Board with

copies served on all parties and amici

curiae in accordance with 29 CFR part

26.

* * * * *

PART 37—IMPLEMENTATION OF THE

NONDISCRIMINATION AND EQUAL

OPPORTUNITY PROVISIONS OF THE

WORKFORCE INVESTMENT ACT OF

1998 (WIA)

■54. The authority citation for part 37

continues to read as follows:

Authority: Sections 134(b), 136(d)(2)(F),

136(e), 172(a), 183(c), 185(d)(1)(E), 186, 187

and 188 of the Workforce Investment Act of

1998, 29 U.S.C. 2801, et seq.; Title VI of the

Civil Rights Act of 1964, as amended, 42

U.S.C. 2000d, et seq.; Section 504 of the

Rehabilitation Act of 1973, as amended, 29

U.S.C. 794; the Age Discrimination Act of

1975, as amended, 42 U.S.C. 6101; Title IX

of the Education Amendments of 1972, as

amended, 29 U.S.C. 1681; Executive Order

13198, 66 FR 8497, 3 CFR 2001 Comp., p.

750; and Executive Order 13279, 67 FR

77141, 3 CFR 2002 Comp., p. 258.

■55. In § 37.111, revise paragraph (b)(2)

introductory text to read as follows:

§ 37.111 What hearing procedures does

the Department follow?

* * * * *

(b) * * *

(2) To request a hearing, the grant

applicant or recipient must file a written

answer to the Final Determination or

Notification of Breach of Conciliation

Agreement, and a copy of the Final

Determination or Notification of Breach

of Conciliation Agreement, with the

Office of the Administrative Law Judges

in accordance with 29 CFR part 18.

* * * * *

■56. Revise § 37.112 to read as follows:

§ 37.112 What procedures for initial and

final decisions does the Department follow?

(a) Initial decision. After the hearing,

the Administrative Law Judge must

issue an initial decision and order,

containing findings of fact and

conclusions of law. The initial decision

and order must be served on all parties

in accordance with 29 CFR part 18.

(b) Exceptions; final decision—(1)

Final decision after a hearing. The

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1847

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

initial decision and order becomes the

Final Decision and Order of the

Secretary unless exceptions are filed by

a party or, in the absence of exceptions,

the Administrative Review Board

(Board) serves notice that it will review

the decision.

(i) A party dissatisfied with the initial

decision and order may, within 45 days

of receipt, file with the Board and serve

on the other parties to the proceedings

and on the Administrative Law Judge,

exceptions to the initial decision and

order or any part thereof, in accordance

with 29 CFR part 26.

(ii) Upon receipt of exceptions, the

Administrative Law Judge must index

and forward the record and the initial

decision and order to the Board within

three days of such receipt.

(iii) A party filing exceptions must

specifically identify the finding or

conclusion to which exception is taken.

Any exception not specifically urged is

waived.

(iv) Within 45 days of the date of

filing such exceptions, a reply, which

must be limited to the scope of the

exceptions, may be filed and served by

any other party to the proceeding.

(v) Requests for extensions for the

filing of exceptions or replies must be

received by the Board no later than 3

days before the exceptions or replies are

due.

(vi) If no exceptions are filed, the

Board may, within 30 days of the

expiration of the time for filing

exceptions, on its own motion serve

notice on the parties that it will review

the decision.

(vii) Final decision and order.

(A) Where exceptions have been filed,

the initial decision and order of the

Administrative Law Judge becomes the

Final Decision and Order of the

Secretary unless the Board, within 30

days of the expiration of the time for

filing exceptions and replies, has

notified the parties that the case is

accepted for review.

(B) Where exceptions have not been

filed, the initial decision and order of

the Administrative Law Judge becomes

the Final Decision and Order of the

Secretary unless the Board has served

notice on the parties that it will review

the decision, as provided in paragraph

(b)(1)(vi) of this section.

(viii) In any case reviewed by the

Board under this paragraph, a decision

must be issued within 180 days of the

notification of such review. If the Board

fails to issue a Decision and Order

within the 180-day period, the initial

decision and order of the

Administrative Law Judge becomes the

Final Decision and Order of the

Secretary.

(2) Final Decision where a hearing is

waived. (i) If, after issuance of a Final

Determination under § 37.100 or

Notification of Breach of Conciliation

Agreement under § 37.104, voluntary

compliance has not been achieved

within the time set by this part and the

opportunity for a hearing has been

waived as provided for in § 37.111(b)(4),

the Final Determination or Notification

of Breach of Conciliation Agreement

becomes the Final Decision of the

Secretary.

(ii) When a Final Determination or

Notification of Breach of Conciliation

Agreement becomes the Final Decision

of the Secretary, the Secretary may,

within 45 days, issue an order

terminating or denying the grant or

continuation of assistance or imposing

other appropriate sanctions for the grant

applicant or recipient’s failure to

comply with the required corrective

and/or remedial actions, or referring the

matter to the Attorney General for

further enforcement action.

PART 38—IMPLEMENTATION OF THE

NONDISCRIMINATION AND EQUAL

OPPORTUNITY PROVISIONS OF THE

WORKFORCE INNOVATION AND

OPPORTUNITY ACT

■57. The authority citation for part 38

continues to read as follows:

Authority: 29 U.S.C. 3101 et seq.; 42 U.S.C.

2000d et seq.; 29 U.S.C. 794; 42 U.S.C. 6101

et seq.; and 20 U.S.C. 1681 et seq.

■58. In § 38.111, revise paragraph (b)(2)

introductory text to read as follows:

§ 38.111 Hearing procedures.

* * * * *

(b) * * *

(2) To request a hearing, the grant

applicant or recipient must file a written

answer to the Final Determination or

Notification of Breach of Conciliation

Agreement, and a copy of the Final

Determination or Notification of Breach

of Conciliation Agreement, with the

Office of the Administrative Law Judges

in accordance with 29 CFR part 18.

* * * * *

■59. In § 38.112, revise paragraphs (a)

and (b)(1)(i) and (iv) to read as follows:

§ 38.112 Initial and final decision

procedures.

(a) Initial decision. After the hearing,

the Administrative Law Judge must

issue an initial decision and order,

containing findings of fact and

conclusions of law. The initial decision

and order must be served on all parties.

(b) ***

(1) * * *

(i) Exceptions. A party dissatisfied

with the initial decision and order may,

within 45 days of receipt, file with the

Administrative Review Board and serve

on the other parties to the proceedings

and on the Administrative Law Judge,

exceptions to the initial decision and

order or any part thereof, in accordance

with 29 CFR part 26.

* * * * *

(iv) Reply. Within 45 days of the date

of filing such exceptions, a reply, which

must be limited to the scope of the

exceptions, may be filed and served by

any other party to the proceeding in

accordance with 29 CFR part 26.

* * * * *

PART 96—AUDIT REQUIREMENTS

FOR GRANTS, CONTRACTS, AND

OTHER AGREEMENTS

■60. The authority citation for part 96

continues to read as follows:

Authority: 31 U.S.C. 7501 et seq. and OMB

Circular No. A–133, as amended.

■61. In § 96.63, revise paragraphs

(b)(1)(i) and (b)(4) to read as follows:

§ 96.63 Federal financial assistance

* * * * *

(b) * * *

(1) * * *

(i) Request for hearing. Within 21

days of receipt of the grant officer’s final

determination, the recipient may file a

request for hearing with the Chief

Administrative Law Judge, United

States Department of Labor, with a copy

to the grant officer who signed the final

determination. The Chief

Administrative Law Judge shall

designate an administrative law judge to

hear the appeal.

* * * * *

(4) Filing exceptions to decision. The

decision of the administrative law judge

shall constitute final action by the

Secretary of Labor, unless, within 21

days after receipt of the decision of the

administrative law judge, a party

dissatisfied with the decision or any

part thereof has filed exceptions with

the Administrative Review Board (the

Board), specifically identifying the

procedure or finding of fact, law, or

policy with which exception is taken, in

accordance with 29 CFR part 26. Any

exceptions not specifically urged shall

be deemed to have been waived.

Thereafter, the decision of the

administrative law judge shall become

the decision of the Secretary, unless the

Board, within 30 days of such filing, has

notified the parties that the case has

been accepted for review.

* * * * *

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1848

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

Office of Labor-Management Standards

PART 417—PROCEDURE FOR

REMOVAL OF LOCAL LABOR

ORGANIZATION OFFICERS

■62. The authority for part 417

continues to read as follows:

Authority: Secs. 401, 402, 73 Stat. 533, 534

(29 U.S.C. 481, 482); Secretary’s Order No.

03–2012, 77 FR 69376, November 16, 2012;

Secretary’s Order No. 01–2020, 85 FR 13186

(March 6, 2020).

■63. In § 417.14, revise paragraph (a) to

read as follows:

§ 417.14 Form and time for filing of appeal

with the Administrative Review Board.

(a) An interested person may appeal

from the Administrative Law Judge’s

initial decision by filing written

exceptions with the Administrative

Review Board within 15 days of the

issuance of the Administrative Law

Judge’s initial decision (or such

additional time as the Administrative

Review Board may allow), together with

supporting reasons for such exceptions,

in accordance with 29 CFR part 26.

Blanket appeals shall not be received.

Impertinent or scandalous matter may

be stricken by the Administrative

Review Board, or an appeal containing

such matter or lacking in specification

of exceptions may be dismissed.

* * * * *

■64. Revise § 417.15 to read as follows:

§ 417.15 Decision of the Administrative

Review Board.

Upon appeal filed with the

Administrative Review Board pursuant

to § 417.14, or within its discretion

upon its own motion, the complete

record of the proceedings shall be

certified to it; it shall notify all

interested persons who participated in

the proceedings; and it shall review the

record, the exceptions filed and

supporting reasons, and shall issue a

decision as to the adequacy of the

constitution and bylaws for the purpose

of removing officers, or shall order such

further proceedings as it deems

appropriate. Its decision shall become a

part of the record and shall include a

statement of its findings and

conclusions, as well as the reasons or

basis therefor, upon all material issues.

PART 458—STANDARDS OF

CONDUCT

■65. The authority for part 458 is

revised to read as follows:

Authority: 5 U.S.C. 7105, 7111, 7120, 7134;

22 U.S.C. 4107, 4111, 4117; 2 U.S.C.

1351(a)(1); Secretary’s Order No. 03–2012, 77

FR 69376, November 16, 2012; Secretary’s

Order No. 01–2020, 85 FR 13186 (March 6,

2020).

■66. In § 458.88, revise paragraph (c) to

read as follows:

§ 458.88 Submission of the Administrative

Law Judge’s recommended decision and

order to the Administrative Review Board;

exceptions.

* * * * *

(c) Exceptions to the Administrative

Law Judge’s recommended decision and

order may be filed by any party with the

Administrative Review Board within

fifteen (15) days after service of the

recommended decision and order, in

accordance with 29 CFR part 26. The

Administrative Review Board may for

good cause shown extend the time for

filing such exceptions. Requests for

additional time in which to file

exceptions shall be in writing, and

copies thereof shall be served on the

other parties. Requests for extension of

time must be received no later than

three (3) days before the date the

exceptions are due. Copies of such

exceptions and any supporting briefs

shall be served on all other parties, and

a statement of such service shall be

furnished to the Administrative Review

Board.

■67. In § 458.90, revise paragraph (a)

introductory text to read as follows:

§ 458.90 Briefs in support of exceptions.

(a) Any brief in support of exceptions

shall be filed in accordance with 29 CFR

part 26, contain only matters included

within the scope of the exceptions, and

contain, in the order indicated, the

following:

* * * * *

Wage and Hour Division

PART 500—MIGRANT AND SEASONAL

AGRICULTURAL WORKER

PROTECTION

■68. The authority for part 500

continues to read as follows:

Authority: Pub. L. 97–470, 96 Stat. 2583

(29 U.S.C. 1801–1872); Secretary’s Order No.

01–2014 (Dec. 19, 2014), 79 FR 77527 (Dec.

24, 2014); 28 U.S.C. 2461 Note (Federal Civil

Penalties Inflation Adjustment Act of 1990);

and Pub. L. 114–74, 129 Stat 584.

■69. In § 500.20, revise paragraph (b) to

read as follows:

§ 500.20 Definitions.

* * * * *

(b) Administrative Law Judge means a

person appointed as provided in title 5

U.S.C. and qualified to preside at

hearings under 5 U.S.C. 557. Chief

Administrative Law Judge means the

Chief Administrative Law Judge, United

States Department of Labor.

* * * * *

■70. In § 500.263, revise the section

heading and introductory text to read as

follows:

§ 500.263 Authority of the Administrative

Review Board.

The Administrative Review Board

may modify or vacate the Decision and

Order of the Administrative Law Judge

whenever it concludes that the Decision

and Order:

* * * * *

■71. In § 500.264, revise paragraph (a)

to read as follows:

§ 500.264 Procedures for initiating review.

(a) Within twenty (20) days after the

date of the decision of the

Administrative Law Judge, the

respondent, the Administrator, or any

other party desiring review thereof, may

file with the Administrative Review

Board (Board) a petition for issuance of

a Notice of Intent as described under

§ 500.265. The petition shall be in

writing and shall contain a concise and

plain statement specifying the grounds

on which review is sought. A copy of

the Decision and Order of the

Administrative Law Judge shall be

attached to the petition.

* * * * *

■72. Revise 500.265 to read as follows:

§ 500.265 Implementation by the

Administrative Review Board.

(a) Whenever, on the Administrative

Review Board’s (Board) own motion or

upon acceptance of a party’s petition,

the Board believes that a Decision and

Order may warrant modifying or

vacating, the Board shall issue a Notice

of Intent to modify or vacate.

(b) The Notice of Intent to Modify or

Vacate a Decision and Order shall

specify the issue or issues to be

considered, the form in which

submission shall be made (i.e., briefs,

oral argument, etc.), and the time within

which such presentation shall be

submitted. The Board shall closely limit

the time within which the briefs must

be filed or oral presentations made, so

as to avoid unreasonable delay.

(c) The Notice of Intent shall be

issued within thirty (30) days after the

date of the Decision and Order in

question.

(d) Service of the Notice of Intent

shall be made upon each party to the

proceeding, and upon the Chief

Administrative Law Judge, in

accordance with 29 CFR part 26.

■73. Revise § 500.266 to read as

follows:

§ 500.266 Responsibility of the Office of

Administrative Law Judges.

Upon receipt of the Administrative

Review Board’s (Board) Notice of Intent

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1849

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

to Modify or Vacate a Decision and

Order of an Administrative Law Judge,

the Chief Administrative Law Judge

shall, within fifteen (15) days, index,

certify, and forward a copy of the

complete hearing record to the Board.

■74. Revise § 500.267 to read as

follows:

§ 500.267 Filing and service.

(a) Filing. All documents submitted to

the Administrative Review Board

(Board) shall be filed in accordance with

29 CFR part 26.

(b) Computation of time for delivery.

Documents are not deemed filed with

the Board until actually received by that

office. All documents, including

documents filed by mail, must be

received by the Board either on or

before the due date.

(c) Manner and proof of service. A

copy of all documents filed with the

Board shall be served upon all other

parties involved in the proceeding.

Service under this section shall be in

accordance with 29 CFR part 26.

■75. Revise § 500.268 to read as

follows:

§ 500.268 Decision of the Administrative

Review Board.

(a) The Administrative Review

Board’s (Board) Decision and Order

shall be issued within 120 days from the

notice of intent granting the petition,

except that in cases involving the

review of an Administrative Law Judge

decision in a certificate action as

described in § 500.224(b), the Board’s

decision shall be issued within ninety

(90) days from the date such notice. The

Board’s Decision and Order shall be

served upon all parties and the Chief

Administrative Law Judge, in

accordance with 29 CFR part 26.

(b) Upon receipt of an Order of the

Board modifying or vacating the

Decision and Order of an

Administrative Law Judge, the Chief

Administrative Law Judge shall

substitute such Order for the Decision

and Order of the Administrative Law

Judge.

(c) The Board’s decision is subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020

(or any successor to that order).

PART 525—EMPLOYMENT OF

WORKERS WITH DISABILITIES UNDER

SPECIAL CERTIFICATES

■76. The authority citation for part 525

continues to read as follows:

Authority: 52 Stat. 1060, as amended (29

U.S.C. 201–219); Pub. L. 99–486, 100 Stat.

1229 (29 U.S.C. 214).

■77. In § 525.22, revise paragraphs (e)

through (h) to read as follows:

§ 525.22 Employee’s right to petition

* * * * *

(e) The ALJ shall issue a decision

within 30 days after the termination of

the hearing and shall serve the decision

on the Administrator and all interested

parties in accordance with 29 CFR part

18. The decision shall contain

appropriate findings and conclusions

and an order. If the ALJ finds that the

special minimum wage being paid or

which has been paid is not justified, the

order shall specify the lawful rate and

the period of employment to which the

rate is applicable. In the absence of

evidence sufficient to support the

conclusion that the proper wage should

be less than the minimum wage, the ALJ

shall order that the minimum wage be

paid.

(f) Within 15 days after the date of the

decision of the ALJ, the petitioner, the

Administrator, or the employer who

seeks review thereof may request review

by the Administrative Review Board

(Board). The request must be filed in

accordance with 29 CFR part 26 and

must include a copy of the ALJ’s

decision. Any other interested party

may file a reply thereto with the Board

and the Administrator within 5 working

days of receipt of such request for

review. The request for review and reply

thereto shall be transmitted by the

Administrator to all interested parties

by a method guaranteeing one-day

delivery.

(g) The decision of the ALJ shall be

deemed to be final agency action 30

days after issuance thereof, unless

within 30 days of the date of the

decision the Board grants a request to

review the decision. Where such request

for review is granted, within 30 days

after receipt of such request the Board

shall review the record and shall either

adopt the decision of the ALJ or issue

exceptions. The decision of the ALJ,

together with any exceptions issued by

the Board, shall be deemed to be a final

agency action, unless the Secretary

exercises discretionary review over the

decision and exceptions as provided in

Secretary’s Order 01–2020 (or any

successor to that order).

(h) Within 30 days of issuance of the

decision of the ALJ, ARB, or Secretary

becoming a final action, any person

adversely affected or aggrieved by such

action may seek judicial review

pursuant to chapter 7 of title 5, United

States Code. The record of the case,

including the record of proceedings

before the ALJ, shall be transmitted by

the Board to the appropriate court

pursuant to the rules of such court.

PART 530—EMPLOYMENT OF

HOMEWORKERS IN CERTAIN

INDUSTRIES

■78. The authority citation for part 530

continues to read as follows:

Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C.

211) as amended by sec. 9, 63 Stat. 910 (29

U.S.C. 211(d)); Secretary’s Order No. 01–2014

(Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014);

28 U.S.C. 2461 note (Federal Civil Penalties

Inflation Adjustment Act of 1990); Pub. L.

114–74 at § 701, 129 Stat 584.

■79. In § 530.403, revise paragraph (c)

to read as follows:

§ 530.403 Request for hearing.

* * * * *

(c) In the case of an emergency

revocation, a request for an

administrative hearing shall be filed

with the Chief Administrative Law

Judge in accordance with 29 CFR part

18, and must be received no later than

20 days after the issuance of the notice

referred to in § 530.402 of this subpart.

■80. In § 530.406, revise paragraph (c)

to read as follows:

§ 530.406 Decision and order of

Administrative Law Judge.

* * * * *

(c) The decision shall be served on all

parties and the Secretary. The decision

when served by the Administrative Law

Judge shall constitute the final order of

the Department of Labor unless the

Administrative Review Board, as

provided for in § 530.407 of this

subpart, determines to review the

decision.

§ 530.407 [Amended]

■81. In § 530.407, remove the word

‘‘Secretary’’ wherever it occurs and add

in its place the words ‘‘Administrative

Review Board’’.

§ 530.408 [Amended]

■82. In § 530.408, remove the word

‘‘Secretary’’ wherever it occurs and add

in its place the words ‘‘Administrative

Review Board’’.

■83. Revise § 530.409 to read as

follows:

§ 530.409 Decision of the Secretary.

The Administrative Review Board’s

decision shall be served upon all parties

and the Administrative Law Judge. The

Administrative Review Board’s decision

is subject to discretionary review by the

Secretary as provided in Secretary’s

Order 01–2020 (or any successor to that

order).

■84. In § 530.411, revise paragraphs (c),

(d), and (f) to read as follows:

§ 530.411 Emergency certificate

revocation procedures.

* * * * *

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1850

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

(c) The Office of Administrative Law

Judges shall notify the parties,

electronically or at their last known

address, of the date, time, and place for

the hearing, which shall be no more

than 60 days from the date of receipt of

the request for the hearing. All parties

shall be given at least 5 days’ notice of

such hearing. No requests for

postponement shall be granted except

for compelling reasons.

(d) The Administrative Law Judge

shall issue a decision pursuant to

§ 530.406 of this subpart within 30 days

after the termination of a proceeding at

which evidence was submitted. The

decision shall be served on all parties

and the Administrative Review Board

(‘‘Board’’) and shall constitute the final

order of the Department of Labor unless

the Board determines to review the

decision.

* * * * *

(f) The Board’s decision shall be

issued within 60 days of the notice by

the Board accepting the submission, and

shall be served upon all parties and the

Administrative Law Judge. The Board’s

decision is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020 (or any

successor to that order).

PART 580—CIVIL MONEY

PENALTIES—PROCEDURES FOR

ASSESSING AND CONTESTING

PENALTIES

■85. The authority citation for part 580

continues to read as follows:

Authority: 29 U.S.C. 9a, 203, 209, 211, 212,

213(c), 216; Reorg. Plan No. 6 of 1950, 64

Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat.

72, 76; Secretary’s Order 01–2014 (Dec. 19,

2014), 79 FR 77527 (Dec. 24, 2014); 5 U.S.C.

500, 503, 551, 559; 103 Stat. 938.

■86. In § 580.8, revise paragraphs (a)

and (c) to read as follows:

§ 580.8 Service and computation of time.

(a) Service of documents under this

subpart shall be made to the individual,

an officer of a corporation, or attorney

of record in accordance with 29 CFR

part 18.

* * * * *

(c) Time will be computed in

accordance with part 18.

■87. In § 580.13, revise paragraphs (b)

and (d) to read as follows:

§ 580.13 Procedures for appeals to the

Administrative Review Board.

* * * * *

(b) All documents submitted to the

Board shall be filed with the

Administrative Review Board in

accordance with 29 CFR part 26.

* * * * *

(d) A copy of each document filed

with the Board shall be served upon all

other parties involved in the proceeding

in accordance with 29 CFR part 26.

Service by mail is deemed effected at

the time of mailing to the last known

address of the party.

■88. Revise § 580.16 to read as follows:

§ 580.16 Decision of the Administrative

Review Board.

The Board’s decision shall be served

upon all parties and the Chief

Administrative Law Judge.

Occupational Safety and Health

Administration

PART 1978—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER THE EMPLOYEE

PROTECTION PROVISION OF THE

SURFACE TRANSPORTATION

ASSISTANCE ACT OF 1982 (STAA), AS

AMENDED

■89. The authority citation for part

1978 is revised to read as follows:

Authority: 49 U.S.C. 31101 and 31105;

Secretary’s Order 1–2012 (Jan. 18, 2012), 77

FR 3912 (Jan. 25, 2012); Secretary’s Order

01–2020, 85 FR 13186 (March 6, 2020).

■90. In § 1978.105, revise paragraph (b)

to read as follows:

§ 1978.105 Issuance of findings and

preliminary orders.

* * * * *

(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 the order and to request

a hearing. 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.

* * * * *

■91. In § 1978.106, revise paragraph (a)

to read as follows:

§ 1978.106 Objections to the findings and

the preliminary order and request for a

hearing.

(a) Any party who desires review,

including judicial review, must file any

objections and a request for a hearing on

the record within 30 days of receipt of

the findings and preliminary order

pursuant to § 1978.105(c). The

objections and request for a hearing

must be in writing and state whether the

objections are to the findings and/or the

preliminary order. 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 and

the OSHA official who issued the

findings.

* * * * *

■92. In § 1978.107, revise paragraph (b)

to read as follows:

§ 1978.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo on

the record. Administrative law judges

have broad discretion to limit discovery

in order to expedite the hearing.

* * * * *

■93. In § 1978.110, revise paragraph (c)

to read as follows:

§ 1978.110 Decisions and orders of the

Administrative Review Board.

* * * * *

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge. The decision

also will be served on the Assistant

Secretary, and on the Associate

Solicitor, Division of Occupational

Safety and Health, U.S, Department of

Labor, even if the Assistant Secretary is

not a party.

* * * * *

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1851

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

PART 1979—PROCEDURES FOR THE

HANDLING OF DISCRIMINATION

COMPLAINTS UNDER SECTION 519

OF THE WENDELL H. FORD AVIATION

INVESTMENT AND REFORM ACT FOR

THE 21ST CENTURY

■94. The authority citation for part

1979 is revised to read as follows:

Authority: 49 U.S.C. 42121; Secretary’s

Order 1–2012 (Jan. 18, 2012), 77 FR 3912

(Jan. 25, 2012); Secretary’s Order 01–2020, 85

FR 13186 (March 6, 2020).

■95. In § 1979.105, revise paragraph (b)

to read as follows:

§ 1979.105 Issuance of findings and

preliminary orders.

* * * * *

(b) The findings and the preliminary

order will be sent by means that allow

OSHA to confirm delivery to all parties

of record. The letter accompanying the

findings and order will inform the

parties of their right to file objections

and to request a hearing, and of the right

of the named person to request

attorney’s fees from the administrative

law judge, regardless of whether the

named person has filed objections, if the

named person alleges that the complaint

was frivolous or brought in bad faith.

The letter also will give the address of

the Chief Administrative Law Judge 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, U.S. Department of Labor, a copy

of the original complaint and a copy of

the findings and order.

* * * * *

■96. In § 1979.106, revise paragraph (a)

to read as follows:

§ 1979.106 Objections to the findings and

the preliminary order and request for a

hearing.

(a) Any party who desires review,

including judicial review, of the

findings and preliminary order, or a

named person alleging that the

complaint was frivolous or brought in

bad faith who seeks an award of

attorney’s fees, 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 § 1979.105(b). The objection or

request for attorney’s fees and request

for a hearing must be in writing and

state whether the objection is to the

findings, the preliminary order, and/or

whether there should be an award of

attorney’s fees. The date of the

postmark, facsimile transmittal, or

electronic transmittal will be considered

to be 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, and the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor.

* * * * *

■97. In § 1979.107, revise paragraph (b)

to read as follows:

§ 1979.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to a judge who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted as hearings

de novo, on the record. Administrative

law judges shall have broad discretion

to limit discovery in order to expedite

the hearing.

* * * * *

■98. In § 1979.110, revise paragraphs

(a) and (c) to read as follows:

§ 1979.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the administrative law judge, or a

named person alleging that the

complaint was frivolous or brought in

bad faith who seeks an award of

attorney’s fees, must file a written

petition for review with the

Administrative Review Board (‘‘the

Board’’). The decision of the

Administrative Law Judge shall become

the final order of the Secretary unless,

pursuant to this section, a petition for

review is timely filed with the Board.

The petition for review must

specifically identify the findings,

conclusions, or orders to which

exception is taken. Any exception not

specifically urged ordinarily shall be

deemed to have been waived by the

parties. To be effective, a petition must

be filed within ten business days of the

date of the decision of the

Administrative Law Judge. The date of

the postmark, facsimile transmittal, or

electronic transmittal will be considered

to be the date of filing; if the petition is

filed in person, by hand-delivery or

other means, the petition is considered

filed upon receipt. The petition must be

served on all parties and on the Chief

Administrative Law Judge at the time it

is filed with the Board. Copies of the

petition for review and all briefs must

be served on the Assistant Secretary,

Occupational Safety and Health

Administration, and on the Associate

Solicitor, Division of Fair Labor

Standards, U.S. Department of Labor.

* * * * *

(c) The decision of the Board shall be

issued within 120 days of the

conclusion of the hearing, which shall

be deemed to be the conclusion of all

proceedings before the Administrative

Law Judge—i.e., 10 business days after

the date of the decision of the

Administrative Law Judge unless a

motion for reconsideration has been

filed with the Administrative Law Judge

in the interim. The decision will be

served upon all parties and the Chief

Administrative Law Judge. The decision

will also be served on the Assistant

Secretary, Occupational Safety and

Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, even if the Assistant Secretary is

not a party.

* * * * *

PART 1980—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER SECTION 806

OF THE SARBANES-OXLEY ACT OF

2002, AS AMENDED

■99. The authority citation for part

1980 is revised to read as follows:

Authority: 18 U.S.C. 1514A, as amended

by the Dodd-Frank Wall Street Reform and

Consumer Protection Act of 2010, Pub. L.

111–203 (July 21, 2010); Secretary of Labor’s

Order No. 01–2012 (Jan. 18, 2012), 77 FR

3912 (Jan. 25, 2012); Secretary’s Order No.

01–2020, 85 FR 13186 (March 6, 2020).

■100. In § 1980.105, revise paragraph

(b) to read as follows:

§ 1980.105

* * * * *

(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 administrative law judge (ALJ)

regardless of whether the respondent

has filed objections, if the complaint

was frivolous or brought in bad faith.

The findings, and where appropriate,

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1852

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

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.

* * * * *

■101. In § 1980.106, revise paragraph

(a) to read as follows:

§ 1980.106 Objections to the findings and

the preliminary order and request for a

heading.

(a) Any party who desires review,

including judicial review, of the

findings and preliminary order, or a

respondent alleging that the complaint

was frivolous or brought in bad faith

who seeks an award of attorney fees

under the Act, 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 § 1980.105(b). The objections and/or

request for a hearing must be in writing

and state whether the objections are to

the findings and/or 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

Labor.

* * * * *

■102. In § 1980.107, revise paragraph

(b) to read as follows:

§ 1980.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo, on

the record. ALJs have broad discretion

to limit discovery in order to expedite

the hearing.

* * * * *

■103. In § 1980.110, revise paragraph

(c) to read as follows:

§ 1980.110 Decision and orders of the

Administrative Review Board.

* * * * *

(c) The decision of the ARB shall be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge. The decision

will also be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, even

if the Assistant Secretary is not a party.

* * * * *

PART 1981—PROCEDURES FOR THE

HANDLING OF DISCRIMINATION

COMPLAINTS UNDER SECTION 6 OF

THE PIPELINE SAFETY

IMPROVEMENT ACT OF 2002

■104. The authority citation for Part

1981 is revised to read as follows:

Authority: 49 U.S.C. 60129; Secretary’s

Order 1–2012 (Jan. 18, 2012), 77 FR 3912

(Jan. 25, 2012); Secretary’s Order 01–2020, 85

FR 13186 (March 6, 2020).

■105. In § 1981.105, revise paragraph

(b) to read as follows:

§ 1981.105 Issuance of findings and

preliminary orders.

* * * * *

(b) The findings and the preliminary

order will be sent by means that allow

OSHA to confirm delivery to all parties

of record. The letter accompanying the

findings and order will inform the

parties of their right to file objections

and to request a hearing, and of the right

of the named person to request

attorney’s fees from the administrative

law judge, regardless of whether the

named person has filed objections, if the

named person alleges that the complaint

was frivolous or brought in bad faith.

The letter also will give the address of

the Chief Administrative Law Judge 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, U.S. Department of Labor, a copy

of the original complaint and a copy of

the findings and order.

* * * * *

■106. In § 1981.106, revise paragraph

(a) to read as follows:

§ 1981.106 Objections to the findings and

the preliminary order and request for a

hearing.

(a) Any party who desires review,

including judicial review, of the

findings and preliminary order, or a

named person alleging that the

complaint was frivolous or brought in

bad faith who seeks an award of

attorney’s fees, must file any objections

and/or a request for a hearing on the

record within 60 days of receipt of the

findings and preliminary order pursuant

to § 1981.105(b). The objection or

request for attorney’s fees and request

for a hearing must be in writing and

state whether the objection is to the

findings, the preliminary order, and/or

whether there should be an award of

attorney’s fees. The date of the

postmark, facsimile transmittal, or

electronic transmittal will be considered

to be 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, and the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor.

* * * * *

■107. In § 1981.107, revise paragraph

(b) to read as follows:

§ 1981.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to a judge who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo, on

the record. Administrative law judges

have broad discretion to limit discovery

in order to expedite the hearing.

* * * * *

■108. In § 1981.110, revise paragraph

(c) to read as follows:

§ 1981.110

* * * * *

(c) The decision of the Board shall be

issued within 90 days of the conclusion

of the hearing, which will be deemed to

be the conclusion of all proceedings

before the Administrative Law Judge—

i.e., 10 business days after the date of

the decision of the Administrative Law

Judge unless a motion for

reconsideration has been filed with the

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1853

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

Administrative Law Judge in the

interim. The decision will be served

upon all parties and the Chief

Administrative Law Judge. The decision

will also be served on the Assistant

Secretary, Occupational Safety and

Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, even if the Assistant Secretary is

not a party.

* * * * *

PART 1982—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER THE NATIONAL

TRANSIT SYSTEMS SECURITY ACT

AND THE FEDERAL RAILROAD

SAFETY ACT

■109. The authority citation for part

1982 is revised to read as follows:

Authority: 6 U.S.C. 1142 and 49 U.S.C.

20109; Secretary of Labor’s Order 01–2012

(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012);

Secretary’s Order No. 01–2020, 85 FR 13186

(March 6, 2020).

■110. In § 1982.105, revise paragraph

(b) to read as follows:

§ 1982.105 Issuance of findings and

preliminary orders.

* * * * *

(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 under NTSSA to request

award of attorney fees not exceeding

$1,000 from the administrative law

judge (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.

* * * * *

■111. In § 1982.106, revise paragraph

(a) to read as follows:

§ 1982.106 Objections to the findings and

the preliminary order and requests for a

hearing.

(a) Any party who desires review,

including judicial review, of the

findings and preliminary order, or a

respondent alleging that the complaint

was frivolous or brought in bad faith

who seeks an award of attorney fees

under NTSSA, 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 § 1982.105. 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

Labor.

* * * * *

■112. In § 1982.107, revise paragraph

(b) to read as follows:

§ 1982.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo on

the record. Administrative Law Judges

have broad discretion to limit discovery

in order to expedite the hearing.

* * * * *

■113. In § 1982.110, revise paragraph

(c) to read as follows:

§ 1982.110 Decision and orders of the

Administrative Review Board.

* * * * *

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is denied or

14 days after a new decision is issued.

The ARB’s decision will be served upon

all parties and the Chief Administrative

Law Judge. The decision also will be

served on the Assistant Secretary, and

on the Associate Solicitor, Division of

Fair Labor Standards, U.S. Department

of Labor, even if the Assistant Secretary

is not a party.

* * * * *

PART 1983—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER SECTION 219

OF THE CONSUMER PRODUCT

SAFETY IMPROVEMENT ACT OF 2008

■114. The authority citation for part

1983 is revised to read as follows:

Authority: 15 U.S.C. 2087; Secretary’s

Order 1–2012 (Jan. 18, 2012), 77 FR 3912

(Jan. 25, 2012); Secretary’s Order 01–2020, 85

FR 13186 (March 6, 2020).

■115. In § 1983.105, revise paragraph

(b) to read as follows:

§ 1983.105 Issuance of findings and

preliminary orders.

* * * * *

(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’s 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.

* * * * *

■116. In § 1983.106, revise paragraph

(a) to read as follows:

§ 1983.106 Objections to the findings and

the preliminary order and requests for a

hearing.

(a) Any party who desires review,

including judicial review, of the

findings and/or preliminary order, or a

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1854

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

respondent alleging that the complaint

was frivolous or brought in bad faith

who seeks an award of attorney’s fees

under CPSIA, 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 § 1983.105. The objections, request

for a hearing, and/or request for

attorney’s 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’s 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

Labor.

* * * * *

■117. In § 1983.107, revise paragraph

(b) to read as follows:

§ 1983.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo on

the record. ALJs have broad discretion

to limit discovery in order to expedite

the hearing.

* * * * *

■118. In § 1983.110, revise paragraph

(c) to read as follows:

§ 1983.110 Decision and orders of the

Administrative Review Board.

* * * * *

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge. The decision

will also be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor, even if the

Assistant Secretary is not a party.

* * * * *

PART 1984—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER SECTION 1558

OF THE AFFORDABLE CARE ACT

■119. The authority citation for part

1984 is revised to read as follows:

Authority: 29 U.S.C. 218C; Secretary of

Labor’s Order 1–2012 (Jan. 18, 2012), 77 FR

3912 (Jan. 25, 2012); Secretary’s Order No.

01–2020, 85 FR 13186 (March 6, 2020).

■120. In § 1984.105, revise paragraph

(b) as follows:

§ 1984.105 Issuance of findings and

preliminary orders.

* * * * *

(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 administrative law judge (ALJ),

regardless of whether the respondent

has filed objections, if 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.

* * * * *

■121. In § 1984.106, revise paragraph

(a) to read as follows:

§ 1984.106 Objections to the findings and

the preliminary order and requests for a

hearing.

(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 section 18C of the FLSA, 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

§ 1984.105(b). 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 and/or 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

Labor.

* * * * *

■122. In § 1984.107, revise paragraph

(b) to read as follows:

§ 1984.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo on

the record. ALJs have broad discretion

to limit discovery in order to expedite

the hearing.

* * * * *

■123. In § 1984.110, revise paragraph

(c) to read as follows:

§ 1984.110 Decision and orders of the

Administrative Review Board.

* * * * *

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge. The decision

will also be served on the Assistant

Secretary, and on the Associate

Solicitor, Division of Fair Labor

Standards, U.S. Department of Labor,

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1855

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

even if the Assistant Secretary is not a

party.

* * * * *

PART 1985—PROCEDURES FOR

HANDLING RETALIATION

COMPLAINTS UNDER THE EMPLOYEE

PROTECTION PROVISION OF THE

CONSUMER FINANCIAL PROTECTION

ACT OF 2010

■124. The authority citation for part

1985 is revised to read as follows:

Authority: 12 U.S.C. 5567; Secretary of

Labor’s Order No. 1–2012 (Jan. 18, 2012), 77

FR 3912 (Jan. 25, 2012); Secretary’s Order No.

01–2020, 85 FR 13186 (March 6, 2020).

■125. In § 1985.105, revise paragraph

(b) to read as follows:

§ 1985.105 Issuance of findings and

preliminary orders.

* * * * *

(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.

* * * * *

■126. In § 1985.106, revise paragraph

(a) to read as follows:

§ 1985.106 Objections to the findings and

the preliminary order and requests for a

hearing.

(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

Labor.

* * * * *

■127. In § 1985.107, revise paragraph

(b) to read as follows:

§ 1985.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo on

the record. ALJs have broad discretion

to limit discovery in order to expedite

the hearing.

* * * * *

■128. In § 1985.110, revise paragraph

(c) to read as follows:

§ 1985.110 Decision and orders of the

Administrative Review Board.

* * * * *

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the decision

of the ALJ, unless a motion for

reconsideration has been filed with the

ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge. The decision

will also be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor, even if the

Assistant Secretary is not a party.

* * * * *

PART 1986—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER THE EMPLOYEE

PROTECTION PROVISION OF THE

SEAMAN’S PROTECTION ACT (SPA),

AS AMENDED

■129. The authority citation for part

1986 is revised to read as follows:

Authority: 46 U.S.C. 2114; 49 U.S.C.

31105; Secretary’s Order 1–2012 (Jan. 18,

2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s

Order 01–2020, 85 FR 13186 (March 6, 2020).

■130. In § 1986.105, revise paragraph

(b) to read as follows:

§ 1986.105 Issuance of findings and

preliminary orders.

* * * * *

(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 the order and to request

a hearing. 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.

* * * * *

■131. In § 1986.106, revise paragraph

(a) to read as follows:

§ 1986.106 Objections to the findings and

the preliminary order and request for a

hearing.

(a) Any party who desires review,

including judicial review, must file any

objections and a request for a hearing on

the record within 30 days of receipt of

the findings and preliminary order

pursuant to § 1986.105(c). The

objections and request for a hearing

must be in writing and state whether the

objections are to the findings and/or the

preliminary order. 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, and

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1856

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

the OSHA official who issued the

findings.

* * * * *

■132. In § 1986.107, revise paragraph

(b) to read as follows:

§ 1986.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo on

the record. ALJs have broad discretion

to limit discovery in order to expedite

the hearing.

* * * * *

■133. In § 1986.110, revise paragraph

(c) to read as follows:

§ 1986.110 Decision and orders of the

Administrative Review Board.

* * * * *

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge. The decision

also will be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Occupational Safety and

Health, U.S. Department of Labor, even

if the Assistant Secretary is not a party.

* * * * *

PART 1987—PROCEDURES FOR

HANDLING RETALIATION

COMPLAINTS UNDER SECTION 402

OF THE FDA FOOD SAFETY

MODERNIZATION ACT

■134. The authority citation for part

1987 is revised to read as follows:

Authority: 21 U.S.C. 399d; Secretary of

Labor’s Order No. 1–2012 (Jan. 18, 2012), 77

FR 3912 (Jan. 25, 2012); Secretary’s Order No.

01–2020, 85 FR 13186 (March 6, 2020).

■135. In § 1987.105, revise paragraph

(b) to read as follows:

§ 1987.105 Issuance of findings and

preliminary orders.

* * * * *

(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 administrative law judge (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.

* * * * *

■136. In § 1987.106, revise paragraph

(a) to read as follows:

§ 1987.106 Objections to the findings and

the preliminary order and requests for a

hearing.

(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 FSMA, 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 § 1987.105. 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

Labor.

* * * * *

■137. In § 1987.107, revise paragraph

(b) to read as follows:

§ 1987.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo on

the record. ALJs have broad discretion

to limit discovery in order to expedite

the hearing.

* * * * *

■138. In § 1987.110, revise paragraph

(c) to read as follows:

§ 1987.110 Decision and orders of the

Administrative Review Board.

* * * * *

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case the

conclusion of the hearing is the date the

motion for reconsideration is denied or

14 days after a new decision is issued.

The ARB’s decision will be served upon

all parties and the Chief Administrative

Law Judge. The decision will also be

served on the Assistant Secretary and on

the Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, even if the Assistant Secretary is

not a party.

* * * * *

PART 1988—PROCEDURES FOR

HANDLING RETALIATION

COMPLAINTS UNDER SECTION 31307

OF THE MOVING AHEAD FOR

PROGRESS IN THE 21ST CENTURY

ACT (MAP–21)

■139. The authority citation for part

1988 is revised to read as follows:

Authority: 49 U.S.C. 30171; Secretary of

Labor’s Order No. 1–2012 (Jan. 18, 2012), 77

FR 3912 (Jan. 25, 2012); Secretary’s Order No.

01–2020, 85 FR 13186 (March 6, 2020).

■140. In § 1988.105, revise paragraph

(b) to read as follows:

§ 1988.105 Issuance of findings and

preliminary orders.

* * * * *

(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

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1857

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

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.

* * * * *

■141. In § 1988.106, revise paragraph

(a) to read as follows:

§ 1988.106 Objections to the findings and

the preliminary order and requests for a

hearing.

(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 MAP–21, 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 § 1988.105. 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

Labor.

* * * * *

■142. In § 1988.107, revise paragraph

(b) to read as follows:

§ 1988.107 Hearings.

* * * * *

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo on

the record. ALJs have broad discretion

to limit discovery in order to expedite

the hearing.

* * * * *

■143. In § 1988.110, revise paragraph

(c) to read as follows:

§ 1988.110 Decision and orders of the

Administrative Review Board.

* * * * *

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the decision

of the ALJ, unless a motion for

reconsideration has been filed with the

ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge. The decision

will also be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor, even if the

Assistant Secretary is not a party.

* * * * *

Title 41: Public Contracts and Property

Management

PART 60—30 RULES OF PRACTICE

FOR ADMINISTRATIVE PROCEEDINGS

TO ENFORCE EQUAL OPPORTUNITY

UNDER EXECUTIVE ORDER 11246

■144. The authority citation for part

60–30 continues to read as follows:

Authority: Executive Order 11246, as

amended, 30 FR 12319, 32 FR 14303, as

amended by E.O. 12086; 29 U.S.C. 793, as

amended, and 38 U.S.C. 4212, as amended.

■145. In § 60–30.4, revise paragraphs

(b) and (c) to read as follows:

§ 60–30.4 Form, filing, service of pleadings

and papers.

* * * * *

(b) Service. Service upon any party

shall be made by the party filing the

pleading or document in accordance

with 29 CFR part 26. When a party is

represented by an attorney, the service

shall be upon the attorney.

(c) Proof of service. A certificate of the

person serving the pleading or other

document, setting forth the manner of

service, shall be proof of the service.

Signed on this 14th day of December, 2020,

in Washington, DC.

Eugene Scalia,

Secretary of Labor.

[FR Doc. 2020–28056 Filed 1–8–21; 8:45 am]

BILLING CODE 4510–HW–P

DEPARTMENT OF LABOR

Benefits Review Board

20 CFR Part 802

RIN 1290–AA35

Rules of Practice and Procedure

AGENCY

: Benefits Review Board,

Department of Labor.

ACTION

: Notice of proposed rulemaking.

SUMMARY

: The Department of Labor is

issuing this Notice of Proposed

Rulemaking to seek public comments on

a proposal to require electronic filing (e-

filing) and make acceptance of

electronic service (e-service) automatic

by attorneys and lay representatives

representing parties in proceedings

before the Benefits Review Board

(Board), and to provide an option for

self-represented parties to utilize these

electronic capabilities.

DATES

: The Department invites

interested persons to submit comments

on the proposed rules of practice and

procedure. To ensure consideration,

comments must be in writing and must

be received by February 10, 2021.

ADDRESSES

: You may submit comments,

identified by Regulatory Identification

Number (RIN) 1290–AA35, only by the

following method: Electronic

Comments. Submit comments through

the Federal eRulemaking Portal http://

www.regulations.gov. To locate the

proposed rule, use docket number DOL–

2020–0013 or key words such as

‘‘Administrative practice and

procedure,’’ ‘‘Black lung benefits,’’

‘‘Longshore and harbor workers,’’ or

‘‘Workers’ compensation.’’ Follow the

instructions for submitting comments.

All comments must be received by 11:59

p.m. on the date indicated for

consideration in this rulemaking.

Instructions: All submissions received

must include the agency name and

docket number or RIN for this

rulemaking. All comments received

generally will be posted without change

to http://www.regulations.gov, including

any personal information provided.

Therefore, the Department recommends

that commenters safeguard their

personal information by not including

social security numbers, personal

addresses, telephone numbers, or email

addresses in comments. It is the

VerDate Sep<11>2014 21:32 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM 11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

Court	Federal Contract Compliance Programs Office,Labor-management Standards Office,Occupational Safety And Health Administration,The Secretary Of Labor Office,Wage And Hour Division,Workers' Compensation Programs Office
Citation	86 FR 1834
Published date	11 January 2021
Section	Proposed rules
Record Number	2020-28056

Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users