[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Page 65220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21012]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Part 2200


Rules of Procedure

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Technical amendments.

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SUMMARY: This document makes technical amendments to the final rule 
published by the Occupational Safety and Health Review Commission in 
the Federal Register on April 10, 2019, and corrected on August 30, 
2019, and on October 4, 2019. That rule revised the procedural rules 
governing practice before the Occupational Safety and Health Review 
Commission.

DATES: Effective on October 15, 2020.

FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney-Advisor, Office 
of the General Counsel, by telephone at (202) 606-5410, by email at 
[email protected], or by mail at: 1120 20th Street NW, Ninth Floor, 
Washington, DC 20036-3457.

SUPPLEMENTARY INFORMATION: OSHRC published revisions to its rules of 
procedure in the Federal Register on April 10, 2019 (84 FR 14554), and 
published corrections on August 30, 2019 (84 FR 45654), and October 4, 
2019 (84 FR 53052). This document makes further technical amendments to 
the final rule.

List of Subjects in 29 CFR Part 2200

    Administrative practice and procedure, Hearing and appeal 
procedures.

    Accordingly, 29 CFR part 2200 is amended by making the following 
technical amendments:

PART 2200--RULES OF PROCEDURE

0
1. The authority citation for part 2200 continues to read as follows:

    Authority: 29 U.S.C. 661(g), unless otherwise noted.

    Section 2200.96 is also issued under 28 U.S.C. 2112(a).


0
2. Amend Sec.  2200.7 by adding paragraph (c)(5) and revising 
paragraphs (o)(1) and (2) to read as follows:


Sec.  2200.7  Service, notice, and posting.

* * * * *
    (c) * * *
    (5) Non-E-Filed Documents. Documents required to be served upon 
other counsel or parties but that are not filed with the Commission in 
the Commission's E-File System (such as discovery documents served 
pursuant to Sec.  2200.52(j)) may be served by any means agreed to by 
all parties in writing.
* * * * *
    (o) * * *
    (1) Service on parties and intervenors using Commission's E-File 
System. Service of show cause orders shall be deemed completed by 
service through the Commission's E-File System on a representative who 
has entered an appearance for a party or intervenor under Sec.  2200.23 
or on a self-represented party or intervenor who has not been exempted 
from using the Commission's E-File System. See also Sec.  2200.101(a).
    (2) Service on self-represented parties or intervenors exempted 
from using the Commission's E-File System. In addition to the service 
methods permitted by Sec.  2200.7(c), the Commission or the Judge shall 
serve a show cause order on a self-represented party or intervenor who 
has been exempted from using the Commission's E-File System by 
certified mail or by any other method (including commercial delivery 
service) that provides confirmation of delivery to the addressee's 
record address provided under Sec.  2200.6.

0
3. Amend Sec.  2200.8 by revising paragraphs (c)(1) and (2) to read as 
follows:


Sec.  2200.8  Filing.

* * * * *
    (c) * * *
    (1) Mandatory e-filing. All parties and intervenors must file 
documents electronically in the Commission's E-File System by following 
the instructions on the Commission's website (www.oshrc.gov), unless a 
self-represented party or intervenor is able to claim that complying 
with this paragraph will place an undue burden upon that party or 
intervenor under paragraph (c)(2) of this section or the documents are 
exempt from e-filing under paragraph (c)(5) of this section. Documents 
may not be filed with the Commission or the Judge via email.
    (2) Undue burden. Self-represented parties or intervenors may 
submit a written statement to the Judge requesting an exemption from 
the mandatory e-filing requirement on the grounds that it would place 
an undue burden on them to comply with the requirement. If the Judge 
grants an exemption, exempted self-represented parties or intervenors 
must file documents by postage-prepaid first class or higher class U.S. 
Mail, commercial delivery service, personal delivery, or facsimile 
transmission as described in paragraph (d) of this section.
* * * * *

0
4. Amend Sec.  2200.100 by revising the third sentence of paragraph (c) 
to read as follows:


Sec.  2200.100  Settlement.

* * * * *
    (c) * * * The parties shall also file a draft order terminating the 
proceedings for adoption by the Judge or, if the Judge's report has 
been issued, by the Commission. * * *

James J. Sullivan, Jr.,
Chairman.
[FR Doc. 2020-21012 Filed 10-14-20; 8:45 am]
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