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...2204.108
The Commission delegates to each judge authority to entertain and, subject to
2204.309, take final action on applications for an award of fees and expenses arising
from the OSH Act cases that are assigned to the judge under section 12(j) of the OSH
Act, 29 U.S.C. 661(i). However, the Commission retains its right to consider an
application for an award of fees and expenses without assignment to a judge or to assign
such an application to a judge other than the one to whom the underlying OSH Act case
is assigned. When entertaining an application for an award of fees and expenses
pursuant to this section, each judge is authorized to take any action that the Commission
may take under this part, with the exception of actions provided in 2204.309 and
2204.310.
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