1. Regulations
  2. title 29
  3. chapter XVII
  4. part 1905
  5. subpart E
  6. § 1905.51

Collapse to view only § 1905.51 - Finality for purposes of judicial review.

§ 1905.50 - Effect of appeal of a hearing examiner's decision.

A hearing examiner's decision under this part shall not be operative pending a decision on appeal by the Assistant Secretary.

AUTHORITY: Secs. 6, 8, 16, Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 657, 665), Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736) as applicable.

SOURCE: 36 FR 12290, June 30, 1971, unless otherwise noted.

CITE AS: 29 CFR 1905.50

§ 1905.51 - Finality for purposes of judicial review.

Only a decision by the Assistant Secretary shall be deemed final agency action for purposes of judicial review. A decision by a hearing examiner which becomes final for lack of appeal is not deemed final agency action for purposes of 5 U.S.C. 704.

AUTHORITY: Secs. 6, 8, 16, Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 657, 665), Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736) as applicable.

SOURCE: 36 FR 12290, June 30, 1971, unless otherwise noted.

CITE AS: 29 CFR 1905.51