Other Fields
Agency Scheme: 
LABROALJ0004
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Assistant Secretary for Occupational Safety and Health
Appeal Office (global name): 
Department of Labor: Assistant Secretary for Occupational Safety and Health
Sub-Agency/Bureau/Division:: 
Occupational Safety and Health Administration
Appeal Officer #1 (Title): 
Assistant Secretary
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Secretary's Order 1-2012, 77 Fed. Reg. 3912 (January 25, 2012), delegates authority to the Assistant Secretary for Occupational Safety and Health under the OSHA Act and several other statutes.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Are ex parte contacts prohibited?: 
No
Regulations/rules of practice for appeal hearings (please include CFR citations): 
29 CFR 1905.4, 1905.28, .29, .30, .50, .51.
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected for appeals heard by this office?: 
Required by Rule
If "Depends on Nature of Case/Claim", please describe: 
As indicated above, the appellate procedure has never been invoked. This is why no percentages are specified in the preceding question. The answers to the questions regarding factual development and briefs by third parties are based on the 1905.4, which allows the Assistant Secretary to amend the regulations at any time. The regulations do not expressly address factual development and briefs by third parties at the appellate level.
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (Some Types of Cases)
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Other
If "Other/Varies by Case," please describe: 
As indicated above, the appellate procedure has never been invoked.
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Other
If "Other/Varies by Case," please specify: 
Assistant Secretary for Occupational Safety and Health
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Please briefly describe your case management practice(s) at this office: 
As indicated previously, the appellate procedure has never been utilized. As for the affirmative response to the next question, the Assistant Secretary presumably has the authority to permit web-based electronic filings, but the issue is not addressed in the agency's regulations and the Assistant Secretary has not been requested to grant this permission. See 1905.4.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Any final decision granting relief would be published in the Federal Register. 1905.6. No rule or practice addresses whether a final decision denying relief would be published.
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 CFR ยง1905.29
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 CFR 1905.4, .28 - .30. Closure of the record is implicit by the requirements of 1905.28 through .30. 1905.4 allows the Assistant Secretary to deviate from the rules on his own motion or upon written petition. As indicated above, the appellate procedure has not been used and the Assistant Secretary has not had to decide whether to deviate from the published regulations.
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
The regulations (29 CFR 1905.4, 1905.28, .29, .30, .50, .51.) have not been applied because the appellate procedure has never been invoked. This is why the question asking what percentage of parties were represented at hearings during FY 2013 was left blank. The regulations do not expressly address the issue of ex parte contacts. A "no" response was provided because even if 1905.29 and 1905.30 can be read as implicitly prohibiting such contacts, 1905.4 grants the Assistant Secretary discretion to deviate from the regulations.
ADJUDICATORS
Total # of Appeal Officers: 
1
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Varies by Case
If "Varies by Case," please describe:: 
As indicated above, the appellate procedure has not been invoked. The regulations do not address ADR, but as also noted above, the Assistant Secretary has the discretion to amend the regulations during a proceeding. 1905.4
What type(s) of ADR are available?: 
Other
If "Other," please specify:: 
See prior responses noting the Assistant Secretary's discretion to amend the regulations. 1905.4
Who conducts the ADR?: 
Other
If "Other," please specify:: 
See prior responses that the appellate procedure has not been invoked and that the Assistant Secretary has discretion to amend regulations.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
0
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
Verified by Agency: 
Verified