(a) Any party desiring to seek review, including judicial review,
of a recommended decision of the administrative law judge shall file a
petition for review with the Administrative Review Board (``the
Board''), which has been delegated the authority to act for the
Secretary and issue final decisions under this part. To be effective,
such a petition must be received within ten business days of the date
of the recommended decision of the administrative law judge, and shall
be served on all parties and on the Chief Administrative Law Judge. If
a timely petition for review is filed, the recommended decision of the
administrative law judge shall be inoperative unless and until the
Board issues an order adopting the recommended decision, except that
for cases arising under the Energy Reorganization Act of 1974, a
preliminary order of relief shall be effective while review is
conducted by the Board.
(b) Copies of the petition for review and all briefs shall 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, Washington, D.C. 20210.
(c) The final decision shall be issued within 90 days of the
receipt of the complaint and shall be served upon all parties and the
Chief Administrative Law Judge by mail to the last known address.
(d)(1) If the Board concludes that the party charged has violated
the law, the final order shall order the party charged to take
appropriate affirmative action to abate the violation, including
reinstatement of the complainant to that person's former or
substantially equivalent position, if desired, together with the
compensation (including back pay), terms, conditions, and privileges of
that employment, and, when appropriate, 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.
(2) If such a final order is issued, the Board, at the request of
the complainant, shall assess against the respondent a sum equal to the
aggregate amount of all costs and expenses (including attorney and
expert witness fees) reasonably incurred by the complainant, as
determined by the Board, for, or in connection with, the bringing of
the complaint upon which the order was issued.
(e) If the Board determines that the party charged has not violated
the law, an order shall be issued denying the complaint.
