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DOL/OS RIN: 1290-AA28 Publication ID: Fall 2019 
Title: Administrative Review Board Rules of Practice and Procedure 
Abstract:

The proposed regulation establishes procedures for the adjudication of appeals before the United States Department of Labor Administrative Review Board. The Board has jurisdiction, pursuant to a delegation of authority by the Secretary of Labor, over appeals of decisions and orders issued by Administrative Law Judges and the Administrator of the Wage and Hour Division arising under those laws and implementing regulations identified in Secretary’s Order No. 01-2019 (Delegation of Authority and Assignment of Responsibility to the Administrative Review Board), 84 FR 13072 (April 3, 2019). The Board currently has agency appellate review authority over more than 60 employee protection laws. The Secretarial Order has required that the Board prescribe such rules of practice and procedure, as it deems necessary or appropriate, for the conduct of its proceedings. But since the Board's formation in 1996, it has operated without prescribed rules of practice and procedure.  The proposed regulation implements mandatory electronic filing for all appellate parties unless the Board authorizes nonelectronic filing for good cause shown.  The regulation also standardizes the period in which an appellant must file a petition for review with the Board and the period in which the Board must act on the petition, unless otherwise specified in statute.  The regulation would apply all appeals being adjudicated by the Board except to the extent that rules of practice, procedure, or evidence promulgated by statute or other regulation govern the adjudication of specific types of appeals before the Board.

 
Agency: Department of Labor(DOL)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Secretary of Labor Order 02-2012, 75 FR 69378 (Nov. 16, 2012)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2019 
Direct Final Rule  12/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Thomas Shepherd
Clerk of the Appellate Boards
Department of Labor
Office of the Secretary
200 Constitution Avenue NW., Room S-5220,
Washington, DC 20210
Phone:202 693-6319
Email: shepherd.thomas@dol.gov