• Part Number:
  • Part Number Title:
    Implementation of the Equal Access to Justice Act
  • Subpart:
    2204 Subpart A
  • Subpart Title:
    General Provisions
  • Standard Number:
  • Title:
    Proceedings covered.
  • GPO Source:

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:

Contests of citations, notifications, penalties, or abatement periods by an employer;
Contests of abatement periods by an affected employee or authorized employee representative; and
Petitions for modification of the abatement periods by an employer.

[62 FR 59568, Nov. 4, 1997]