29 C.F.R. § 2200.38

Employee contests

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(a) Secretary's statement of reasons. Where an affected employee or authorized employee representative files a notice of contest with respect to the abatement period, the Secretary shall, within 14 days from receipt of the notice of contest, file a clear and concise statement of the reasons the abatement period prescribed by the Secretary is not unreasonable.

(b) Response to Secretary's statement. Not later than 14 days after service of the Secretary's statement, referred to in paragraph (a) of this section, the contesting affected employee or authorized employee representative shall file a response. Service of the filed statement on the other parties and intervenors shall be accomplished in a manner prescribed in § 2200.7(c).

(c) Expedited proceedings. All contests under this section shall be handled as expedited proceedings as provided for in § 2200.103.

Notes of Decisions

Cited in 4 cases, 1974–1981 · leading case: Donovan v. Royal Logging Co., 645 F.2d 822 (9th Cir. 1981).

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Donovan v. Royal Logging Co., 645 F.2d 822 (9th Cir. 1981). “29 C.F.R. § 2200.38 . The key to denying amendment is prejudice to the non-moving party.”

Peter J. Brennan, Sec'y of Labor v. Occupational Saf. & Health Review Comm'n & S. J. Otinger, Jr., Constr. Co., 502 F.2d 30 (5th Cir. 1974). “29 CFR § 2200.38 . 5 . The record contains a receipt for certified mail indicating that Mrs.”

Nat'l Indus. Constructors, Inc. v. Occupational Saf. & Health Review Comm'n, 583 F.2d 1048 (8th Cir. 1978). · cites it 2× “The Commission argues, however, that under Commission Rule 38, 29 C.F.R. § 2200.38 (1977), 11 the Administrative Law Judge has discretion to excuse a failure to comply with the Commission’s rules.”

Jensen Constr. Co. of Oklahoma, Inc. v. Occupational Saf. & Health Review Comm'n, 597 F.2d 246 (10th Cir. 1979). “29 C.F.R. § 2200.38 . Failure to file any pleading pursuant to these rules when due, may, in the discretion of the Commission or the judge, constitute a waiver of the right to further participation in the proceedings.”

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