[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19703]


[[Page Unknown]]

[Federal Register: August 15, 1994]


_______________________________________________________________________

Part IV





Department of Labor





_______________________________________________________________________



Office of the Secretary



Employment and Training Administration



_______________________________________________________________________



20 CFR Part 655



29 CFR Parts 18 and 24



Amendment of Filing and Service



Requirements in Proceedings Before the



Office of Administrative Law Judges;



Interim Final Rule
DEPARTMENT OF LABOR

Office of the Secretary
Employment and Training Administration

20 CFR 655

29 CFR Part 18 and 24

 

Amendment of Filing and Service Requirements in Proceedings 
Before the Office of Administrative Law Judges

AGENCY: Office of the Secretary, Labor.

ACTION Interim final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: Interim final rule amends regulations governing the filing and 
service of documents in proceedings before the Department of Labor's 
Office of Administrative Law Judges generally, and in one instance, the 
Regional Administrator's service of a notice of denial of temporary 
labor certification. The amendments modify regulations which heretofore 
required filing or service by mailgram or telegram, substituting 
therefore the option to file or serve those documents by facsimile 
(fax), telegram or other means normally assuring next day delivery. The 
amendments also provide guidelines for the filing and service of 
documents by facsimile, limiting such filings to instances when they 
are explicitly permitted by statute or regulation, or by the presiding 
administrative law judge. Finally, the amendments eliminate the routine 
filing of documents relating to discovery, limiting such filings to 
instances when there is a reason for their submission.

DATES:
    Effective Date: This interim rule is effective September 14, 1994.
    Comments: Comments on the interim rule shall be submitted by mail 
and must be received by October 14, 1994 to ensure consideration.

ADDRESSES: Send comments to John M. Vittone, Deputy Chief 
Administrative Law Judge, Room 4250, Office of Administrative Law 
Judges, 800 K Street, NW., Suite 400, Washington, DC 20001-8002.

FOR FURTHER INFORMATION CONTACT: John M. Vittone, Deputy Chief 
Administrative Law Judge, Office of Administrative Law Judges. 
Telephone: (202) 633-0341.

SUPPLEMENTARY INFORMATION:

Purpose of Amendments

    These amendments are grounded in the notion that procedural 
regulations should reflect practical realities. In today's business 
world, when a document needs to be delivered quickly, overnight 
couriers and facsimile transmissions are extremely effective methods. 
Thus, in programs administered by the Department of Labor when speedy 
filing or service of a document is essential, the amendments permitting 
the use of facsimile or overnight couriers conform the regulations to 
modern business practice.
    On the other hand, given the large number of cases docketed by the 
Office of Administrative Law Judges each year, the use of facsimile--
although often convenient to parties--is not administratively practical 
for routine matters. The Department generally agrees with the Judicial 
Conference Guidelines for Filing by Facsimile Transmission, which are 
referenced by Rule 5 of the Federal Rules of Civil Procedure. See 
Malkin, Judicial Conference Guidelines For Filing By Facsimile 
Transmission, Court Administration Bulletin (Dec. 1991). The Judicial 
Conference concluded that ``basic facsimile technology has not reached 
a level that would allow for routine filing by facsimile without 
placing an undue administrative and resource burden on the courts.'' 
Id. Practical concerns noted by the Judicial Conference included 
technical problems with facsimile transmissions, the cost of equipment 
and supplies, and the burden on administrative staff.
    When filing or service is routine, regular mail usually is 
sufficient. Even when time is of the essence, an overnight courier 
normally provides an adequate means of filing a document quickly. Thus, 
these amendments limit the use of facsimile to file documents to those 
instances in which such a filing is explicitly permitted by statute or 
regulations (see, e.g., 20 CFR 655.820(e), 655.1020(d); 29 CFR 
506.630(e), 507.820(e), 508.1020(d)) or by the presiding administrative 
law judge. In designing the amendments to govern filings by facsimile, 
the Department has taken into consideration the practice of the federal 
courts (see Fed. R. App. P. 25 and Fed. R. Civ. P. 5), the rules of 
other federal agencies (see, e.g., 29 CFR Part 102.114 (NLRB); 29 CFR 
2200.9(f) (OSHA); 34 CFR Parts 76, 81, 86, 218, 222, 300, 361, 581 
(DOE); 49 CFR 1162.2(e)(3) (ICC)), the rules of assorted state courts 
(see, e.g., Ark. Code Sec. 16-20-109; Cal Rules of Court R 2010, 2005, 
2009; La R.S. 13:850; Tenn Code Ann. Sec. 16-3-408) and various legal 
commentary (see, e.g., Malkin, Judicial Conference Guidelines For 
Filing By Facsimile Transmission, Court Administration Bulletin (Dec. 
1991); Koenig, Courts in the Fax Lane: The Use of Facsimile Technology 
by State Courts, 14 State Court Journal 13 (Winter 1991); Study Shows 
Limited Fax Use By Majority of State Courts, The National L.J., Oct. 8, 
1990, at 17; Note, Telefacsimile Documents: A Survey of Uses in the 
Legal Setting, 36 The Wayne L. Rev. 1361 (1990)).
    Finally, the amendments include elimination of routine filing of 
discovery documents. As a practical matter, such documents are 
generally not needed for the administrative record unless a party 
submits them in support of a motion (e.g. a motion to compel attendance 
at a deposition) or the document is being submitted as evidence. The 
present system of routinely filing copies of such documents with the 
presiding administrative law judge only results in an administrative 
record cluttered with unneeded papers.

Rules of Special Application

    These amendments do not purport to cover all rules of special 
application governing the conduct of hearings before the Office of 
Administrative Law Judges under specific Department of Labor programs. 
At least some rules of special application contain service and filing 
requirements that are inconsistent with these amendments. For example, 
the Office of Federal Contract Compliance Programs' rules at 41 CFR 60-
30.4 (a) and (b) require the filing of all litigation documents with 
the Office of Administrative Law Judges, including documents relating 
to discovery, and specify that parties shall serve and file litigation 
documents by personal delivery or mail. Rules of special application 
control to the extent that the general rules of practice and procedure 
found in 29 CFR Part 18 are inconsistent. See 29 CFR 18.1(a).

Technical Comments

    Most of the amendments simply replace a telegram requirement with 
less restrictive language. Less obvious changes, however, are discussed 
below.
    The amendment to 20 CFR 655.212 deletes ``by telegram.'' Not only 
was this phrase unnecessary, it was also inappropriate for several 
sections such as 655.211, which do not set time frames or other 
procedures for requesting a review. The amendment to 20 CFR 655.212 
also corrects the spelling of ``countervailing.''
    The new paragraph (f) to 29 CFR 18.3 governs filing or service by 
facsimile. It permits such a filing when explicitly permitted by 
statute or regulation or when directed or permitted by the presiding 
administrative law judge. The presiding judge's discretion to direct or 
permit a filing by facsimile permits flexibility in application, 
although it is contemplated that filing by facsimile generally will be 
limited to emergency situations or other compelling circumstances. 
Nevertheless, litigants should note that permission to file by 
facsimile must be obtained, and those who choose to file by facsimile 
without permission do so at the risk that the filing will not be 
recognized.
    Subparagraph (f)(4) requires the use of a cover sheet identifying 
the sender. This requirement reflects fax etiquette, but more 
importantly, it is helpful if the transmission is bad.
    Subparagraph (f)(5) governs the submission of original documents. 
Although many fax rules contemplate having the original document sent 
within a few days following a fax transmission, the Department believes 
that this approach only doubles the amount of paper that must be 
processed. Thus, this rule requires submission of the original only 
when so ordered by the presiding administrative law judge, in the event 
of an original signature requirement, or in disputes over the accuracy 
of the transmission or the authenticity of the document. The ten day 
requirement for filing a required original signature conforms the rule 
to the new attestation regulations. See, e.g., 20 CFR 655.1020.
    Subparagraph (f)(6) limits the length of filings by facsimile, 
although the presiding judge has the discretion to permit a longer 
filing. In addition, length is not regulated when it is subject to a 
requirement over which the transmitting party has no control, such as a 
requirement to file a complaint or determination letter. Long documents 
hold up fax machines, use government paper (not an inconsequential 
consideration for an agency that regularly dockets 9,000 cases a year), 
and extend wear and tear to the mechanical parts of the machine.
    Subparagraph (f)(7) indicates that filings by facsimile should 
normally be done during regular business hours. Fax machines are not 
monitored at night. This paragraph, however, is directory rather than 
mandatory, since a blanket prohibition on filing during nonbusiness 
hours would defeat much of the utility of facsimile machines.
    In Prince v. Poulas, 876 F.2d 30 (5th Cir. 1989), the Fifth Circuit 
held that an overnight courier service is not a public authority, and 
therefore not a form of ``mail'' for purposes of Rule 25 of the Federal 
Rules of Appellate Procedure. The experience of the Office of 
Administrative Law Judges, however, has been that overnight courier 
services are generally reliable and do not present some of the 
administrative and legal problems presented by filing by facsimile. 
Thus, paragraph (g) has been added to Part 18 of Title 29 to designate 
use of courier service as the equivalent of regular mail for purposes 
of Part 18.
    Paragraph (d) is being added to section 18.4 to govern the time a 
filing or service by facsimile is effective. Using the time printed by 
the receiving fax machine as the date stamp lessens the need for 
monitoring of the fax machine and saves one step in the filing process.
    Recently, amendments to 29 CFR Part 24 were published for notice 
and comment. See 59 Fed. Reg. 12506 (1994). Those proposed amendments 
include changes to 29 CFR 24.4 (which will be renumbered as section 
24.5) that permit the filing of a request for a hearing in an employee 
protection proceeding by ``facsimile (fax), telegram, hand delivery, or 
next-day delivery service''. 51 Fed. Reg. at 12509. Presently, section 
24.4 only authorizes filing of the request by telegram. In addition, 
the proposed regulatory amendments require the party requesting a 
hearing to send a copy of the request to the opposing party and the 
Administrator by ``facsimile (fax), telegram, hand delivery, or next-
day delivery service''. Id. Many other changes to Part 24 are also made 
in the March 16, 1994 Notice of proposed rulemaking. As a temporary 
measure, the instant interim final rule incorporates the proposed 
changes to section 24.4 that provide for alternatives to filing by 
telegram and that require same day notice of the request to the 
opposing party and the Administrator.

Publication as Interim Final Rule

    These amendments are being issued as interim final rules because 
they are rules of agency procedure and practice for which notice and 
comment is not required, see 5 U.S.C. 553(b)(A).

Procedural Matters

    This is not a significant regulatory action as defined by Executive 
Order 12866. The Agency Head has certified that this rule, if 
promulgated, will not have a significant economic impact upon a 
substantial number of small entities as defined in the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). The rule does not contain any 
information collection or recordkeeping requirements as defined in the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

List of Subjects

20 CFR Part 655

    Administrative practice and procedure, Aliens, Employment, Migrant 
labor.

29 CFR Part 18

    Administrative practice and procedure.

29 CFR Part 24

    Employment, Environmental protection.

    Accordingly, Part 655 of Title 20, and Part 18 and Part 24 of Title 
29 of the Code of Federal Regulations are amended as follows:

TITLE 20--EMPLOYEES' BENEFITS

PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES

    1. The authority citation for Part 655 continues to read:

    Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(H)(i) 
and (ii), 1182(m) and (n), 1184, 1188, and 1288(c); 29 U.S.C. 49 et 
seq.; 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 
note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 
1184 note); and 8 CFR 214.2(h)(4)(i).

    Section 665.00 issued under 8 U.S.C. 1101(a)(15)(h)(ii), 1184, 
and 1188; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
    Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and 
1184; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
    Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184, and 
1188; and 29 U.S.C. 49 et seq.
    Subparts D and E issued under 8 U.S.C. 1101(a)(15)(H)(i)(a), 
1182(m) and 1184, 29 U.S.C. 49 et seq.; and sec. 3(c)(1), Pub. L. 
101-238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 note).
    Subparts F and G issued under 8 U.S.C. 1184 and 1288(c); and 29 
U.S.C. 49 et seq.
    Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b), 
1182(n), and 1184; and 29 U.S.C. 49 et seq.
    Subparts J and K issued under 29 U.S.C. 49 et seq.; and sec. 
221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).

    2. In Sec. 655.104, paragraph (c)(3) is revised to read as follows:


Sec. 655.104  Determinations based on acceptability of H-2A 
applications.

* * * * *
    (c) * * *
    (3) Offer the applicant an opportunity to request an expedited 
administrative review of or a de novo administrative hearing before an 
administrative law judge of the nonacceptance; the notice shall state 
that in order to obtain such a review or hearing, the employer, within 
seven calendar days of the date of the notice, shall file by facsimile 
(fax), telegram, or other means normally assuring next day delivery a 
written request to the Chief Administrative Law Judge of the Department 
of Labor (giving the address) and simultaneously serve a copy on the 
RA; the notice shall also state that the employer may submit any legal 
arguments which the employer believes will rebut the basis of the RA's 
action; and
* * * * *
    3. Section 655.112 is amended by revising paragraphs (a)(2) and 
(b)(2) to read as follows:


Sec. 655.112  Administrative review and de novo hearing before an 
administrative law judge.

    (a) * * *
    (2) Decision. Within five working days after receipt of the case 
file the administrative law judge shall, on the basis of the written 
record and after due consideration of any written submissions submitted 
from the parties involved or amici curiae, either affirm, reverse, or 
modify the RA's denial by written decision. The decision of the 
administrative law judge shall specify the reasons for the action taken 
and shall be immediately provided to the employer, RA, the Director, 
and INS by means normally assuring next-day delivery. The 
administrative law judge's decision shall be the final decision of the 
Secretary and no further review shall be given to the temporary alien 
agricultural labor certification application or the temporary alien 
agricultural labor certification determination by any DOL official.
    (b) * * *
    (2) Decision. After a de novo hearing, the administrative law judge 
shall either affirm, reverse, or modify the RA's determination, and the 
administrative law judge's decision shall be provided immediately to 
the employer, RA, Director, and INS by means normally assuring next-day 
delivery. The administrative law judge's decision shall be the final 
decision of the Secretary, and no further review shall be given to the 
temporary alien agricultural labor certification application or the 
temporary alien agricultural labor certification determination by any 
DOL official.
    4. In Sec. 655.204, paragraph (d)(2) is revised to read as follows:


Sec. 655.204  Determinations based on temporary labor certification 
applications.

* * * * *
    (d) * * *
    (2) Offer the employer an opportunity to request an expedited 
administrative-judicial review of the denial by a Department of Labor 
(DOL) Hearing Officer. The notice shall state that in order to obtain 
such a review, the employer must, within five calendar days of the date 
of the notice, file by facsimile (fax), telegram, or other means 
normally assuring next day delivery a written request for such a review 
to the Chief Administrative Law Judge of the Department of Labor 
(giving the address) and simultaneously serve a copy on the Regional 
Administrator. The notice shall also state that the employer's request 
for review should contain any legal arguments which the employer 
believes will rebut the basis of the RA's denial of certification; and
* * * * *
    5. In Sec. 655.206, paragraph (c) is revised to read as follows:


Sec. 655.206  Determinations of U.S. worker availability and adverse 
effect on U.S. workers.

* * * * *
    (c) If the RA denies the temporary labor certification in whole or 
part, the RA shall notify the employer in writing by means normally 
assuring next-day delivery. The notice shall contain all of the 
statements required in Sec. 655.204(d). If a timely request is made for 
an administrative-judicial review by a DOL Hearing Officer, the 
procedures of Sec. 655.212 shall be followed.
* * * * *
    6. Section 655.212 is revised to read as follows:


Sec. 655.212  Administrative-judicial reviews.

    (a) Whenever an employer has requested an administrative-judicial 
review of a denial of an application or a petition in accordance with 
Secs. 655.204(d), 655.205(d), 655.206(c), or 655.211, the Chief 
Administrative Law Judge shall immediately assign a Hearing Officer to 
review the record for legal sufficiency, and the Regional Administrator 
shall send a certified copy of the case file to the Chief 
Administrative Law Judge by means normally assuring next day delivery. 
The Hearing Officer shall not have authority to remand the case and 
shall not receive additional evidence. Any countervailing evidence 
advanced after decision by the Regional Administrator shall be subject 
to provisions of 8 CFR 214.2(h)(3)(i).
    (b) The Hearing Officer, within five working days after receipt of 
the case file shall, on the basis of the written record and due 
consideration of any written memorandums of law submitted, either 
affirm, reverse or modify the RA's denial by written decision. The 
decision of the Hearing Officer shall specify the reasons for the 
action taken and shall be immediately provided to the employer, RA, 
Administrator, and INS by means normally assuring next-day delivery. 
The Hearing Officer's decision shall be the final decision of the 
Department of Labor and no further review shall be given to the 
temporary labor certification determination by any Department of Labor 
official.

TITLE 29--LABOR

PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE 
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES

    7. The authority citation for Part 18 continues to read as follows:

    Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 581; E.O. 
12778; 57 Fed. Reg. 7292.

    8. Section 18.3 amended by revising paragraph (b) and adding 
paragraphs (f) and (g) to read as follows:


Sec. 18.3  Service and filing of documents.

* * * * *
    (b) By parties. All documents shall be filed with the Office of 
Administrative Law Judges, except that notices of deposition, 
depositions, interrogatories, requests for documents, requests for 
admissions, and answers and responses thereto, shall not be so filed 
unless the presiding judge so orders, the document is being offered 
into evidence, the document is submitted in support of a motion or a 
response to a motion, filing is required by a specialized rule, or 
there is some other compelling reason for its submission. Service of 
all documents shall be made upon all parties, and when a party is 
represented by an attorney or other representative, service also shall 
be made upon the attorney or representative. Service of any document 
upon any party may be made by personal delivery or by mailing a copy to 
the last known address. The person serving the document shall certify 
to the manner and date of service.
* * * * *
    (f) Filing and service by facsimile.
    (1) Filing by a party; when permitted. Filings by a party may be 
made by facsimile (fax) when explicitly permitted by statute or 
regulation, or when directed or permitted by the administrative law 
judge assigned to the case. If prior permission to file by facsimile 
cannot be obtained because the presiding administrative law judge is 
not available, a party may file by facsimile and attach a statement of 
the circumstances requiring that the document be filed by facsimile 
rather than by regular mail. That statement does not ensure that the 
filing will be accepted, but will be considered by the presiding judge 
in determining whether the facsimile will be accepted nunc pro tunc as 
a filing.
    (2) Service by facsimile; when permitted. Service upon a party by 
another party or by the administrative law judge may be made by 
facsimile (fax) when explicitly permitted by statute or regulation, or 
when the receiving party consents to service by facsimile.
    (3) Service sheet and proof of service. Docments filed or served by 
facsimile (fax) shall include a service sheet which states the means by 
which filing and/or service was made. A facsimile transmission report 
generated by the sender's facsimile equipment and which indicates that 
the transmission was successful shall be presumed adequate proof of 
filing or service.
    (4) Cover sheet. Filings or service by facsimile (fax) shall 
include a cover sheet that identifies the sender, the total number of 
pages transmitted, and the caption and docket number of the case, if 
known.
    (5) Originals. Documents filed or served by facsimile (fax) shall 
be presumed to be accurate reproductions of the original document until 
proven otherwise. The party proferring the document shall retain the 
original in the event of a dispute over authenticity or the accuracy of 
the transmission. The original document need not be submitted unless so 
ordered by the presiding judge, or unless an original signature is 
required by statute or regulation. If an original signature is required 
to be filed, the date of the facsimile transmission shall govern the 
effective date of the filing provided that the document containing the 
original signature is filed within ten calendar days of the facsimile 
transmission.
    (6) Length of document. Documents filed by facsimile (fax) should 
not exceed 12 pages including the cover sheet, the service sheet and 
all accompanying exhibits or appendices, except that this page 
limitation may be exceeded if prior permission is granted by the 
presiding judge or if the document's length cannot be conformed because 
of statutory or regulatory requirements.
    (7) Hours for filing by facsimile. Filings by facsimile (fax) 
should normally be made between 8:00 am and 5:00 pm, local time at the 
receiving location.
    (g) Filing and service by courier service. Documents transmitted by 
courier service shall be deemed transmitted by regular mail in 
proceedings before the Office of Administrative Law Judges.
    9. Section 18.4 is amended by adding paragraph (d) to read as 
follows:


Sec. 18.4  Time computations.

* * * * *
    (d) Filing or service by facsimile. Filing or service by facsimile 
(fax) is effective upon receipt of the entire document by the receiving 
facsimile machine. For purposes of filings by facsimile the time 
printed on the transmission by the facsimile equipment constitutes the 
date stamp of the Chief Docket Clerk.
    10. Section 18.18 is amended by revising paragraph (a) as follows:


Sec. 18.18  Written interrogatories to parties.

    (a) Any party may serve upon any other party written 
interrogatories to be answered in writing by the party served, or if 
the party served is a public or private corporation or a partnership or 
association or governmental agency, by any authorized officer or agent, 
who shall furnish such information as is available to the party. A copy 
of the interrogatories, answers, and all related pleadings shall be 
served on all parties to the proceeding. Copies of interrogatories and 
responses thereto shall not be filed with the Office of Administrative 
Law Judges unless the presiding judge so orders, the document is being 
offered into evidence, the document is submitted in support of a motion 
or a response to a motion, filing is required by a specialized rule, or 
there is some other compelling reason for its submission.
* * * * *
    11. Section 18.19 is amended by revising paragraph (f) to read as 
follows:


Sec. 18.19  Production of documents and other evidence; entry upon land 
for inspection and other purposes; and physical and mental examination.

* * * * *
    (f) A copy of each request for production and each written response 
shall be served on all parties, but shall not be filed with the Office 
of Administrative Law Judges unless the presiding judge so orders, the 
document is being offered into evidence, the document is submitted in 
support of a motion or a response to a motion, filing is required by a 
specialized rule, or there is some other compelling reason for its 
submission.
    12. Section 18.20 is amended by revising paragraph (g) to read as 
follows:


Sec. 18.20  Admissions.

* * * * *
    (g) A copy of each request for admission and each written response 
shall be served on all parties, but shall not be filed with the Office 
of Administrative Law Judges unless the presiding judge so orders, the 
document is being offered into evidence, the document is submitted in 
support of a motion or a response to a motion, filing is required by a 
specialized rule, or there is some other compelling reason for its 
submission.
    13. Section 18.22 is amended by revising paragraph (c) to read as 
follows:


Sec. 18.22  Depositions.

* * * * *
    (c) Notice. Notice shall be given for the taking of a deposition, 
which shall not be less than five (5) days written notice when the 
deposition is to be taken within the continental United States and not 
less than twenty (20) days written notice when the deposition is to be 
taken elsewhere. A copy of the Notice shall not be filed with the 
Office of Administrative Law Judges unless the presiding judge so 
orders, the document is being offered into evidence, the document is 
submitted in support of a motion or a response to a motion, filing is 
required by a specialized rule, or there is some other compelling 
reason for its submission.
* * * * *

PART 24--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS 
UNDER FEDERAL EMPLOYEE PROTECTION STATUTES

    14. The authority citation for Part 24 continues to read as 
follows:

    Authority: 42 U.S.C. 300j-9(i); 33 U.S.C. 1367; 15 U.S.C. 2622; 
42 U.S.C. 6971; 42 U.S.C. 7622; 42 U.S.C. 5851.

    15. Section 24.4 is amended by revising paragraph (d)(2) (i), (ii), 
(d)(3) (i) and (ii) to read as follows:


Sec. 24.4  Investigations.

* * * * *
    (d) * * *
    (2) * * *
    (i) If on the basis of the investigation the Administrator 
determines that the complaint is without merit, the notice of 
determination shall include, or be accompanied by notice to the 
complainant that the notice of determination shall become the final 
order of the Secretary denying the complaint unless within five 
calendar days of its receipt the complainant files with the Chief 
Administrative Law Judge by facsimile (fax), telegram, hand delivery, 
or next-day delivery service, a request for a hearing on the complaint. 
The notice shall give the address and the facsimile number of the Chief 
Administrative Law Judge.
    (ii) Copies of any request for a hearing shall be served by the 
complainant on the respondent (employer) and on the Administrator on 
the same day that the hearing is requested by facsimile (fax), 
telegram, hand delivery, or next-day delivery service,
    (3) * * *
    (i) If on the basis of the investigation the Administrator 
determines that the alleged violation has occurred, the notice of 
determination shall include an appropriate order to abate the 
violation, and notice to the respondent that the order shall become the 
final order of the Secretary unless within five calendar days of its 
receipt the respondent files with the Chief Administrative Law Judge by 
facsimile (fax), telegram, hand delivery, or next-day delivery service, 
a request for a hearing. An order issued pursuant to this paragraph 
(d)(3)(i) shall be in accordance with the relevant provisions of the 
statute violated. The notice shall give the address and facsimile 
number of the Chief Administrative Law Judge.
    (ii) Copies of any request for a hearing shall be sent by the 
respondent to the complainant and to the Administrator on the same day 
that the hearing is requested by facsimile (fax), telegram, hand 
delivery, or next-day delivery service.

    Signed at Washington, D.C. this 8th day of August 1994.
Robert Reich,
Secretary of Labor.
[FR Doc. 94-19703 Filed 8-12-94; 8:45 am]
BILLING CODE 4510-20-M