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The EAJA applies to adversary adjudications before the Commission. These are
adjudications under 5 U.S.C. 554 and 29
U.S.C. 659(c) in which the position of the
Secretary is represented by an attorney or other
representative. The types of proceedings
covered are the following proceedings under
section 10(c), 29 U.S.C. 659(c), of the OSH
Act:
2204.104(a)
Contests of citations, notifications,
penalties, or abatement periods by an employer;
2204.104(b)
Contests of abatement periods by an
affected employee or authorized employee
representative; and
2204.104(c)
Petitions for modification of the
abatement periods by an employer.
[62 FR 59568, Nov. 4, 1997]
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