29 C.F.R. § 24.110

Decisions and orders of the Administrative Review Board

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(a) Any party desiring to seek review, including judicial review, of a decision of the ALJ must file a written petition for review with the ARB, U.S. Department of Labor, in accordance with 29 CFR part 26. The decision of the ALJ will become the final order of the Secretary unless, pursuant to this section, a timely petition for review is filed with the ARB and the ARB accepts the case for review. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections will ordinarily be deemed waived. A petition must be filed within 10 business days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, email communication, or electronic submission will be considered to be the date of filing; if the petition is filed in person, by hand-delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

(b) If a timely petition for review is filed pursuant to paragraph (a) of this section, and the ARB, within 30 days of the filing of the petition, issues an order notifying the parties that the case has been accepted for review, the decision of the ALJ will be inoperative unless and until the ARB issues an order adopting the decision, except that an order by an ALJ issued under the Energy Reorganization Act, other than that portion of the order awarding compensatory damages, will be effective while review is conducted by the ARB, unless the ARB grants a motion by the respondent to stay the order based on exceptional circumstances. The ARB will specify the terms under which any briefs are to be filed. The ARB will review the factual findings of the ALJ under the substantial evidence standard. If no timely petition for review is filed, or the ARB denies review, the decision of the ALJ will become the final order of the Secretary. If no timely petition for review is filed, the resulting final order is not subject to judicial review.

(c) The final decision of the ARB will be issued within 90 days of the filing of the complaint. The decision will be served upon all parties and the Chief Administrative Law Judge. The final decision will also be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party.

(d) If the ARB concludes that the respondent has violated the law, the order will order the respondent to take appropriate affirmative action to abate the violation, including reinstatement of the complainant to that person's former position, together with the compensation (including back pay), terms, conditions, and privileges of employment, and compensatory damages. In cases arising under the Safe Drinking Water Act or the Toxic Substances Control Act, exemplary damages may also be awarded when appropriate. At the request of the complainant, the ARB will assess against the respondent all costs and expenses (including attorney's fees) reasonably incurred.

(e) If the ARB determines that the respondent has not violated the law, an order will be issued denying the complaint.

[76 FR 2820, Jan. 18, 2011, as amended at 85 FR 13032, Mar. 6, 2020; 85 FR 30618, May 20, 2020; 86 FR 1782, Jan. 11, 2021]

Notes of Decisions

Cited in 14 cases, 2008–2017 · leading case: Stone & Webster Constr., Inc. v. U.S. Dep't of Labor, 684 F.3d 1127 (11th Cir. 2012).

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Stone & Webster Constr., Inc. v. U.S. Dep't of Labor, 684 F.3d 1127 (11th Cir. 2012). · cites it 4× “See 29 C.F.R. § 24.110 (b). As a result, we now show less deference to an ARB that disturbs the factual findings of an ALJ.”

DeKalb Cnty. v. U.S. Dep't of Labor, 812 F.3d 1015 (11th Cir. 2016). · cites it 2× “3d at 1132 ; see also 29 C.F.R. § 24.110 (b) (“The [Board] will review the factual findings of the ALJ under the substantial evidence standard.”

William Smith v. Dep't of Labor, 674 F. App'x 309 (4th Cir. 2017). “”), superseded in part on other grounds by regulation, 29 C.F.R. § 24.110 . In evaluating a “same action” or “same decision” affirmative defense, an ALJ must consider three non-dispositive factors, which may be applied flexibly in each individual case.”

Acosta v. Idaho Falls Sch. Dist. No. 91, 291 F. Supp. 3d 1162 (D. Idaho 2017). “See 29 C.F.R. § 24.110 (b) ("if no timely petition for review [of the ALJ decision] is filed .”

Larry Prince v. Hilda Solis, 487 F. App'x 773 (4th Cir. 2012). · cites it 4× “PER CURIAM: Pursuant to 29 C.F.R. § 24.110 (a), a petition for review of an administrative law judge’s (“ALJ”) decision must be filed— that is hand-delivered, postmarked, emailed, or facsimiled — within ten business days of the date of the decision.”

Indiana Michigan Power Co. v. United States Dep't of Labor, 278 F. App'x 597 (6th Cir. 2008). “29 C.F.R. § 24.110 (a). This Court has jurisdiction to review the DOL’s decision pursuant to 42 U.”

Ellison v. United States Dep't of Labor, 384 F. App'x 860 (11th Cir. 2010). · cites it 2× “The implementing regulation at 29 C.F.R. § 24.110 refers to ARB proceedings.”

Stone & Webster Constr., Inc. v. U.S. Dep't of Labor (11th Cir. 2012). · cites it 3× “See 29 C.F.R. § 24.110 (b). As a result, we now show less deference to an ARB that disturbs the factual findings of an ALJ.”

Erickson v. United States Dep't of Labor, 285 F. App'x 611 (11th Cir. 2008). “See 29 C.F.R. § 24.110 (a). 2 . Erickson filed her complaints under the employee protection provisions of the Clean Air Act ("CAA”), 42 U.”

Stephen Durham v. Dep't of Labor, 515 F. App'x 382 (6th Cir. 2013). “Second, the Board’s dismissal for Durham’s failure to comply with both the briefing order and the show cause order was not an abuse of its discretion under the Clean Air Act.”

Anthony Ellison v. US Dep't of Labor (11th Cir. 2010). “The implementing regulation at 29 C.F.R. § 24.110 refers to ARB proceedings.”

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— 29 C.F.R. § 24.110(a) — 1 case

Larry Prince v. Hilda Solis, 487 F. App'x 773 (4th Cir. 2012). “PER CURIAM: Pursuant to 29 C.F.R. § 24.110 (a), a petition for review of an administrative law judge’s (“ALJ”) decision must be filed— that is hand-delivered, postmarked, emailed, or facsimiled — within ten business days of the date of the decision.”

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