• Part Number:
  • Part Number Title:
    Implementation of the Equal Access to Justice Act in Proceedings Before the Occupational Safety and Health Review Commission
  • Subpart:
    2204 Subpart D
  • Subpart Title:
    Procedures for Considering Applications
  • Standard Number:
  • Title:
  • GPO Source:

The applicant and the Secretary may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying adversary adjudication, or after the adversary adjudication has been concluded, in accordance with the Commission's standard settlement procedures as set forth in §2200.120 of this chapter. If a prevailing party and the Secretary agree on a proposed settlement of an award before an application has been filed, the application shall be filed with the proposed settlement. If a proposed settlement of an underlying proceeding provides that each side shall bear its own expenses and the settlement is accepted, no application may be filed.

[46 FR 48080, Sept. 30, 1981, as amended at 52 FR 5456, Feb. 23, 1987; 86 FR 26660, May 17, 2021]