An application may be filed whenever an applicant has prevailed in a proceeding or in
a discrete substantive portion of the proceeding, but in no case later than thirty days after the
Commission's final disposition of the proceeding.
If Commission review is sought or directed of a judge's decision as to which an
application for a fee award has been filed, proceedings concerning the award of fees shall
be stayed until there is a final Commission disposition of the case and the period for seeking
review in a court of appeals expires.
If review of a Commission decision, or any item or items contained in that decision,
is sought in the court of appeals under section 11 of the OSH Act, 29 U.S.C. 660, an
application for an award filed with the Commission with regard to that decision shall be
dismissed under 5 U.S.C. 554(c)(1) as to the item or items of which review is sought. If the
petition for review in the court of appeals is thereafter withdrawn, the applicant may reinstate
its application before the Commission within thirty days of the withdrawal.
For purposes of this section, the date of final disposition is:
The date on which the order of the judge disposing of the case becomes final under
section 12(j) of the OSH Act, 29 U.S.C. 661(i); or
The date on which the order of the Commission affirming, modifying, or
vacating the Secretary's citation or proposed penalty or directing other appropriate relief becomes final under section 10(c) of the OSH Act, 29 U.S.C.