Hearings are conducted by an administrative law judge in the Office of Administrative Law Judges. Secretary's Order 02-2012 delegated authority to the Administrative Review Board (ARB) and assigned to the ARB responsibility for review of ALJ and certain other decisions under numerous statutes (77 FR 69378, Nov. 16, 2012). The Order enumerated 65 statutes, plus "any laws or regulation subsequently enacted or promulgated that provide for final decisions by the Secretary of Labor upon appeal or review of decisions, or recommended decisions, issued by ALJs." For most case types, hearings are conducted in accordance with the procedures in 29 CFR Part 18.
The Fall 2014 Unified Regulatory Agenda reported, under RIN 1290-AA28, that the Department of Labor will propose regulations to establish procedures for appeals before the Administrative Review Board. No further information has been published as of November 25, 2014.
|Level||Name of Office||Sub-Agency/Bureau/Division:||Are administrative appeals permitted from final decisions at this stage?|
Office of the Deputy Secretary
Yes (All Types of Cases)
Appeal Level 1