A hearing examiner's decision under this part shall not be operative pending a decision on appeal by the Assistant Secretary.
Only a decision by the Assistant Secretary shall be deemed final agency action for purposes of judicial review. A decision by a hearing examiner which becomes final for lack of appeal is not deemed final agency action for purposes of 5 U.S.C. 704.
authority: Secs. 6, 8, 16, Occupational Safety and Health Act of 1970 (
29 U.S.C. 655,
657,
665,
Secretary. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736) as applicable
source: 36 FR 12290, June 30, 1971, unless otherwise noted.
cite as: 29 CFR 1905.50