- Part Number:1987
- Part Number Title:Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act
- Subpart:1987 Subpart B
- Subpart Title:Litigation
- Standard Number:
- Title:Objections to the findings and the preliminary order and requests for a hearing.
- GPO Source:
Any party who desires review, including judicial review, of the findings and/or preliminary order, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees under FSMA, must file any objections and/or a request for a hearing on the record within 30 days of receipt of the findings and preliminary order pursuant to § 1987.105. The objections, request for a hearing, and/or request for attorney fees must be in writing and state whether the objections are to the findings, the preliminary order, and/or whether there should be an award of attorney fees. The date of the postmark, facsimile transmittal, or electronic transmittal is considered the date of filing; if the objection is filed in person, by hand-delivery or other means, the objection is filed upon receipt. Objections must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and copies of the objections must be served at the same time on the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.
[79 FR 8629, Feb. 13, 2014; 81 FR 22541-22542, April 18, 2016; 86 FR 1794, January 11, 2021]