C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 501—ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT › Subpart C—Administrative Proceedings

29 C.F.R. § 501.42

Procedures for initiating and undertaking review

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(a) A respondent, WHD, or any other party wishing review, including judicial review, of the decision of an ALJ must, within 30 calendar days of the decision of the ALJ, petition the ARB to review the decision. Copies of the petition must be served on all parties and on the ALJ. If the ARB does not issue a notice accepting a petition for review of the decision within 30 calendar days after receipt of a timely filing of the petition, or within 30 calendar days of the date of the decision if no petition has been received, the decision of the ALJ will be deemed the final agency action.

(b) Whenever the ARB, either on the ARB's own motion or by acceptance of a party's petition, determines to review the decision of an ALJ, a notice of the same shall be served upon the ALJ and upon all parties to the proceeding.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2026 · leading case: Sun Valley Orchards, LLC v. U.S. Dep't of Labor (D.N.J. 2023).
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Sun Valley Orchards, LLC v. U.S. Dep't of Labor (D.N.J. 2023). · cites it 2× “29 C.F.R. § 501.42 (a). c. Sun Valley’s H-2A Violations During the 2015 growing season, Sun Valley hired nineteen H-2A workers to harvest asparagus.”
Triple R Farms, LLC v. United States Dep't of Labor, et al. (E.D. Ky. 2026). · cites it 2× “29 C.F.R. § 501.42 (a). An avenue for deferential APA review then exists in federal court.”
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