Rules of Procedure; Technical Amendments
| Published date | 17 February 2022 |
| Citation | 87 FR 8948 |
| Record Number | 2022-03479 |
| Section | Rules and Regulations |
| Court | Occupational Safety And Health Review Commission |
Federal Register, Volume 87 Issue 33 (Thursday, February 17, 2022)
[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8948-8949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03479]
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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
29 CFR Part 2200
Rules of Procedure; Technical Amendments
AGENCY: Occupational Safety and Health Review Commission.
ACTION: Technical amendments.
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SUMMARY: This document makes technical amendments to the final rule
published by the Occupational Safety and Health Review Commission in
the Federal Register on April 10, 2019, and corrected on August 30,
2019, October 4, 2019, and October 15, 2020. That rule revised the
procedural rules governing practice before the Occupational Safety and
Health Review Commission (OSHRC).
DATES: Effective on February 17, 2022.
FOR FURTHER INFORMATION CONTACT: Natalie Huls-Simpson, Attorney-
Advisor, Office of the General Counsel, by telephone at (202) 606-5410,
by email at [email protected], or by mail at: 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457.
SUPPLEMENTARY INFORMATION: OSHRC published revisions to its rules of
procedure in the Federal Register on April 10, 2019 (84 FR 14554), and
published corrections on August 30, 2019 (84 FR 45654), October 4, 2019
(84 FR 53052), and October 15, 2020 (85 FR 65220). This document makes
further technical amendments to the final rule.
List of Subjects in 29 CFR Part 2200
Administrative practice and procedure, Hearing and appeal
procedures.
Accordingly, 29 CFR part 2200 is amended by making the following
technical amendments:
PART 2200--RULES OF PROCEDURE
0
1. The authority citation for part 2200 continues to read as follows:
Authority: 29 U.S.C. 661(g), unless otherwise noted.
Section 2200.96 is also issued under 28 U.S.C. 2112(a).
0
2. Revise Sec. 2200.3 to read as follows:
Sec. 2200.3 Use of number.
Words importing the singular number may extend and be applied to
the plural and vice versa.
0
3. Amend Sec. 2200.4 by revising paragraph (a)(6)(i) and adding
paragraph (a)(7) to read as follows:
Sec. 2200.4 Computing time.
(a) * * *
(6) * * *
(i) The day set aside by statute for observing New Year's Day,
Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day,
Juneteenth National Independence Day, Independence Day, Labor Day,
Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; and,
* * * * *
(7) Computation examples. (i) If a judge orders that a document is
due in 40 days, count every calendar day starting the day after that
order (day 1) until reaching day 40 (due date). If the receiving
Commission office is closed on day 40 (such as on a Saturday, Sunday,
or Federal holiday), the document would be due the next day the office
is open. In other words, if day 40 falls on a Saturday, and the
following Monday is a Federal holiday, the document would be due on
Tuesday, the day after the holiday.
(ii) If a judge orders that a document is due 14 days before a
hearing, count backwards starting the day before the hearing (day 1)
until reaching day 14. If the receiving Commission office is closed on
day 14 (such as on a Saturday, Sunday, or Federal holiday), the
document would be due on the last day the office is open before the
Saturday, Sunday, or Federal holiday. In other words, if day 14 falls
on a Sunday, and the Friday before is a Federal holiday, the document
would be due on Thursday, the day before the holiday.
* * * * *
0
4. Amend Sec. 2200.6 by revising the first sentence of paragraph (a)
to read as follows:
Sec. 2200.6 Record address.
(a) Every pleading or document filed by any party or intervenor
shall contain the name, current address, telephone number, and email
address of the party or intervenor's representative or, if there is no
representative, the party or intervenor's own name, current address,
telephone number, and email address. * * *
* * * * *
0
5. Amend Sec. 2200.7 by revising paragraph (h) to read as follows:
Sec. 2200.7 Service, notice, and posting.
* * * * *
(h) Special service requirements; authorized employee
representatives. The authorized employee representative, if any, shall
be served by the employer with the notice set forth in paragraph (g) of
this section and with a copy of the notice of contest or petition for
modification of the abatement period.
* * * * *
0
6. Amend Sec. 2200.8 by:
0
a. Revising the last sentence of paragraph (c)(1);
0
b. Adding a sentence to the end of paragraph (c)(2); and
0
c. Revising paragraph (d)(1) and the first sentence of paragraph
(d)(5).
The revisions and addition read as follows:
Sec. 2200.8 Filing.
* * * * *
(c) * * *
(1) * * * Documents may not be filed with the Commission or the
Judge via email, unless allowed under paragraph (d)(1) of this section.
(2) * * * Documents may not be filed with the Commission or the
Judge via email, unless allowed under paragraph (d)(1) of this section.
* * * * *
(d) * * *
(1) How to file. Documents may be filed by postage-prepaid first
class or
[[Page 8949]]
higher class U.S. Mail, commercial delivery service, personal delivery,
or facsimile transmission. Only documents exempt from e-filing under
paragraph (c)(5) of this section may be filed by email.
* * * * *
(5) Sensitive information. Unless the Commission or the Judge
orders otherwise, in any filing with the Commission, information that
is sensitive but not privileged (e.g., Social Security numbers,
driver's license numbers, passport numbers, taxpayer-identification
numbers, birthdates, mother's maiden names, names of minors, an
individual's physical personal address, financial account numbers)
shall be redacted. * * *
* * * * *
0
7. Amend Sec. 2200.32 by revising the third sentence to read as
follows:
Sec. 2200.32 Signing of pleadings and motions.
* * * The signature of a representative or party also constitutes a
certificate by the representative or party that the representative or
party has read the pleading, motion, or other document, that to the
best of the representative's or party's knowledge, information, and
belief, formed after reasonable inquiry, it is well grounded in fact
and is warranted by existing law or a good faith argument for the
extension, modification, or reversal of existing law, and that it is
not included for any improper purpose, such as to harass or to cause
unnecessary delay or needless increase in the cost of litigation. * * *
0
8. Amend Sec. 2200.37 by revising paragraph (d)(3) to read as follows:
Sec. 2200.37 Petitions for modification of the abatement period.
* * * * *
(d) * * *
(3) An employer petitioning for a modification of the abatement
period shall have the burden of proving in accordance with the
requirements of section 10(c) of the Act, 29 U.S.C. 659(c), that such
employer has made a good faith effort to comply with the abatement
requirements of the citation and that abatement has not been completed
because of factors beyond the employer's reasonable control.
* * * * *
0
9. Amend Sec. 2200.68 by revising paragraphs (a) and (b) and the first
sentence of paragraph (d) to read as follows:
Sec. 2200.68 Recusal of the Judge.
(a) Discretionary recusal. A Judge may recuse themself from a
proceeding whenever the Judge deems it appropriate.
(b) Mandatory recusal. A Judge shall recuse themself under
circumstances that would require disqualification of a Federal judge
under Canon 3(C) of the Code of Conduct for United States Judges,
except that the required recusal may be set aside under the conditions
specified by Canon 3(D).
* * * * *
(d) Ruling on request. If the Judge finds that a request for
recusal has been filed with due diligence and that the material filed
in support of the request establishes that recusal either is
appropriate under paragraph (a) of this section or is required under
paragraph (b) of this section, the Judge shall recuse themself from the
proceeding. * * *
0
10. Amend Sec. 2200.70 by revising the last sentence of paragraph (f)
to read as follows:
Sec. 2200.70 Exhibits.
* * * * *
(f) * * * Any person granted custody of an exhibit shall inform the
Executive Secretary of the status every 6 months (e.g., 6 months after
January 15 would be July 15) of the person's continuing need for the
exhibit and return the exhibit after completion of the proceeding.
* * * * *
0
11. Amend Sec. 2200.120 by revising the first sentence of paragraph
(b)(1) and paragraph (d)(1) to read as follows:
Sec. 2200.120 Settlement procedure.
* * * * *
(b) * * *
(1) Applicability. Mandatory settlement applies only to notices of
contest by employers in which the aggregate amount of the penalties
sought by the Secretary is $205,000 or greater. * * *
* * * * *
(d) * * *
(1) General. The Settlement Judge shall convene and preside over
conferences between the parties. The Settlement Judge shall designate
the time, place, and nature of the conference.
* * * * *
Cynthia L. Attwood,
Chairman.
Amanda Wood Laihow,
Commissioner.
[FR Doc. 2022-03479 Filed 2-16-22; 8:45 am]
BILLING CODE 7600-01-P
