29 C.F.R. § 2200.33

Notices of contest

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Within 15 working days after receipt of any of the following notices, the Secretary shall notify the Commission of the receipt in writing and shall promptly furnish to the Executive Secretary of the Commission the original of any documents or records filed by the contesting party and copies of all other documents or records relevant to the contest:

(a) Notification that the employer intends to contest a citation or proposed penalty under section 10(a) of the Act, 29 U.S.C. 659(a); or

(b) Notification that the employer wishes to contest a notice of a failure to abate or a proposed penalty under section 10(b) of the Act, 29 U.S.C. 659(b); or

(c) A notice of contest filed by an employee or representative of employees with respect to the reasonableness of the abatement period under section 10(c) of the Act, 29 U.S.C. 659(c).

Note 1 to § 2200.33:

Failure to meet the 15-working day deadline to file a notice of contest results in the citation or notification of failure to abate becoming a final order of the Commission. Under extraordinary circumstances, the cited employer, an affected employee, or an authorized employee representative may seek relief from the final order pursuant to Federal Rule of Civil Procedure 60, by promptly filing a request for such relief with the Commission's Executive Secretary, One Lafayette Centre, 1120 20th Street NW, Suite 980, Washington, DC 20036-3457. See Brancifort Builders, Inc., 9 BNA OSHC 2113, 2116-17 (1981).

Notes of Decisions

Cited in 25 cases, 1973–1991 · leading case: Cuyahoga Valley Railway Co. v. United Transportation Union

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Cuyahoga Valley Railway Co. v. United Transportation Union (1985) scotus “29 CFR § 2200.33 (1985). Once these pleadings are filed, a hearing to determine the validity of the citation will be held before an administrative law judge (ALJ), with discretionary review by the Commission.”

Donovan v. Royal Logging Co. (1981) ca9 · cites it 3× “In accordance with that mandate, the Commission promulgated Rule 33, found at 29 C.F.R. 2200.33 4 It requires the Secretary to file a complaint with the Commission within 30 days of receipt of notice of contest.”

TODD SHIPYARDS CORP., Petitioner, v. SECRETARY OF LABOR, Respondent (1978) ca9 “29 C.F.R. § 2200.33 ; 29 U.S.C. § 661 (f); Fed.”

National Realty and Construction Company, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, (1973) cadc “29 C.F.R. § 2200.33 (Jan. 1, 1972). 24 . A reviewing court will typically be concerned only with the Secretary’s production burden.”

Long Manufacturing Co., N. C., Inc. v. Occupational Safety & Health Review Commission and F. Ray Marshall, Secretary of (1977) ca8 “The Commission’s rules recognize that in a proper case both the citation and the proposed penalty may be amended, 29 C.F.R. § 2200.33 (a)(3), and we think that it was within the discretion of the administrative law judge to allow the amendment in this case so as to reflect…”

United States of America, by Raymond J. Donovan, Secretary of Labor, Plaintiff v. Howard Electric Company, a Corporation (1986) ca10 · cites it 2× “29 C.F.R. § 2200.33 (a). The Commission granted the motion and accepted the complaint.”

In the Matter of Establishment of Restland Memorial Park (1976) ca3 “29 C.F.R. § 2200.33 (a)(2)(1) (1975). 8 .”

Lynn Martin, Secretary of Labor v. Pav-Saver Manufacturing Co. And Occupational Safety and Health Review Commission (1991) ca7 “29 C.F.R. § 2200.33 (1987). 3 . The Secretary acknowledges in her brief that traditional equitable principles can excuse noncompliance with the requirement for written notice within 15 working days: The established Atlantic Marine-Keppel’s, Inc.”

Marshall v. Monroe & Sons, Inc. (1980) ca6 “29 C.F.R. § 2200.33 . The Secretary made a motion to dismiss the Notice of Contest based on Monroe’s failure to file an answer.”

Secretary of Labor v. Barretto Granite Corporation (1987) ca1 “32020 (1986) (to be codified at 29 C.F.R. 2200.33). The Secretary must file a complaint within 20 days of the time the notice of contest has been received, and may be subjected to dismissal of the case if an employer can establish that he was prejudiced by a delay in filing the…”

Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and S. J. Otinger, Jr., Constru (1974) ca5 “29 CFR § 2200.33 (b) allows the party against whom the complaint was issued fifteen days after service of the complaint within which to file an answer.”

Raymond J. Donovan (Successor to Ray Marshall) Secretary of Labor v. Anheuser-Busch, Inc., and Occupational Safety and H (1982) ca8 “§ 661 (i) as amended by Public Law 95 — 251 (1978); 29 C.F.R. § 2200.33 . The ALJ is appointed by the Commission and is assigned by the Chairman of the Commission to conduct the hearing.”

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