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Part 102
FEDERAL · 29 CFR
Part 102 — Rules and Regulations, Series 8
176 sections · Title 29: Labor
§ 102.1
Terms defined in Section 2 of the Act.
§ 102.2
Time requirements for filings with the Agency.
§ 102.3
Date of service.
§ 102.4
Methods of service of process and papers by the Agency; proof of service.
§ 102.5
Filing and service of papers by parties: Form of papers; manner and proof of filing or service.
§ 102.6
Notice to the Administrative Law Judge or Board of supplemental authority.
§ 102.7
Signature on documents E-Filed with the Agency.
§ 102.8
§ 102.8 [Reserved]
§ 102.9
Who may file; withdrawal and dismissal.
§ 102.10
Where to file.
§ 102.11
Signature; sworn; declaration.
§ 102.12
Contents.
§ 102.13
§ 102.13 [Reserved]
§ 102.14
Service of charge.
§ 102.15
When and by whom issued; contents; service.
§ 102.16
Hearing; change of date or place.
§ 102.17
Amendment.
§ 102.18
Withdrawal.
§ 102.19
Appeal to the General Counsel from refusal to issue or reissue.
§ 102.20
Answer to complaint; time for filing; contents; allegations not denied deemed admitted.
§ 102.21
Where to file; service upon the parties; form.
§ 102.22
Extension of time for filing.
§ 102.23
Amendment.
§ 102.24
Motions; where to file; contents; service on other parties; promptness in filing and response; default judgment procedures; summary judgment procedures.
§ 102.25
Ruling on motions.
§ 102.26
Motions; rulings and orders part of the record; rulings not to be appealed directly to the Board without special permission; requests for special permission to appeal.
§ 102.27
Review of granting of motion to dismiss entire complaint; reopening of the record.
§ 102.28
Filing of answer or other participation in proceedings not a waiver of rights.
§ 102.29
Intervention; requisites; rulings on motions to intervene.
§ 102.30
Depositions; examination of witnesses.
§ 102.31
Issuance of subpoenas; petitions to revoke subpoenas; rulings on claim of privilege against self-incrimination; subpoena enforcement proceedings; right to inspect or copy data.
§ 102.32
Payment of witness fees and mileage; fees of officer who transcribes deposition or video testimony.
§ 102.33
Transfer of charge and proceeding from Region to Region; consolidation of proceedings in same Region; severance.
§ 102.34
Who will conduct hearing; public unless otherwise ordered.
§ 102.35
Duties and powers of Administrative Law Judges; stipulations of cases to Administrative Law Judges or to the Board; assignment and powers of settlement judges.
§ 102.36
Disqualification and unavailability of Administrative Law Judges.
§ 102.37
§ 102.37 [Reserved]
§ 102.38
Rights of parties.
§ 102.39
Rules of evidence controlling so far as practicable.
§ 102.40
Stipulations of fact admissible.
§ 102.41
Objection to conduct of hearing; how made; objections not waived by further participation.
§ 102.42
Filings of briefs and proposed findings with the Administrative Law Judge and oral argument at the hearing.
§ 102.43
Continuance and adjournment.
§ 102.44
§ 102.44 [Reserved]
§ 102.45
Administrative Law Judge's decision; contents of record; alternative dispute resolution program.
§ 102.46
Exceptions and brief in support; answering briefs to exceptions; cross-exceptions and brief in support; answering briefs to cross-exceptions; reply briefs; failure to except; oral argument; filing requirements; amicus curiae briefs.
§ 102.47
Filing of motion after transfer of case to Board.
§ 102.48
No exceptions filed; exceptions filed; motions for reconsideration, rehearing, or reopening the record.
§ 102.49
Modification or setting aside of Board order before record filed in court; action thereafter.
§ 102.50
Hearings before the Board or a Board Member.
§ 102.51
Settlement or adjustment of issues.
§ 102.52
Compliance with Board order; notification of compliance determination.
§ 102.53
Appeal of compliance determination to the General Counsel; General Counsel's action; request for review by the Board; Board action; opposition to appeal or request for review.
§ 102.54
Issuance of compliance specification; consolidation of complaint and compliance specification.
§ 102.55
Contents of compliance specification.
§ 102.56
Answer to compliance specification.
§ 102.57
Extension of date of hearing.
§ 102.58
Withdrawal of compliance specification.
§ 102.59
Hearing and posthearing procedures.
§ 102.60
Petitions.
§ 102.61
Contents of petition for certification; contents of petition for decertification; contents of petition for clarification of bargaining unit; contents of petition for amendment of certification.
§ 102.62
Election agreements; voter list; Notice of Election.
§ 102.63
Investigation of petition by Regional Director; Notice of Hearing; service of notice; Notice of Petition for Election; Statement of Position; withdrawal of Notice of Hearing.
§ 102.64
Conduct of hearing.
§ 102.65
Motions; intervention; appeals of Hearing Officer's rulings.
§ 102.66
Introduction of evidence: rights of parties at hearing; preclusion; subpoenas; oral argument and briefs.
§ 102.67
Proceedings before the Regional Director; further hearing; action by the Regional Director; appeals from actions of the Regional Director; statement in opposition; requests for extraordinary relief; Notice of Election; voter list.
§ 102.68
Record in pre-election proceeding; what constitutes; transmission to Board.
§ 102.69
Election procedure; tally of ballots; objections; certification by the Regional Director; hearings; Hearing Officer reports on objections and challenges; exceptions to Hearing Officer reports; Regional Director decisions on objections and challenges.
§ 102.70
Runoff election.
§ 102.71
Dismissal of petition; refusal to proceed with petition; requests for review by the Board of action of the Regional Director.
§ 102.72
Filing petition with general counsel: investigation upon motion of general counsel; transfer of petition and proceeding from region to general counsel or to another region; consolidation of proceedings in same region; severance; procedure before general counsel in cases over which the general counsel has assumed jurisdiction.
§ 102.73
Initiation of proceedings.
§ 102.74
Complaint and formal proceedings.
§ 102.75
Suspension of proceedings on the charge where timely petition is filed.
§ 102.76
Petition; who may file; where to file; contents.
§ 102.77
Investigation of petition by Regional Director; directed election.
§ 102.78
Election procedure; method of conducting balloting; postballoting procedure.
§ 102.79
Consent-election agreements.
§ 102.80
Dismissal of petition; refusal to process petition under expedited procedure.
§ 102.81
Review by the general counsel of refusal to proceed on charge; resumption of proceedings upon charge held during pendency of petition; review by the general counsel of refusal to proceed on related charge.
§ 102.82
Transfer, consolidation, and severance.
§ 102.83
Petition for referendum under Section 9(e)(1) of the Act; who may file; where to file; withdrawal.
§ 102.84
Contents of petition to rescind authority.
§ 102.85
Investigation of petition by Regional Director; consent referendum; directed referendum.
§ 102.86
Hearing; posthearing procedure.
§ 102.87
Method of conducting balloting; postballoting procedure.
§ 102.88
Refusal to conduct referendum; appeal to Board.
§ 102.89
Initiation of proceedings.
§ 102.90
Notice of hearing; hearing; proceedings before the Board; briefs; determination of dispute.
§ 102.91
Compliance with determination; further proceedings.
§ 102.92
Review of determination.
§ 102.93
Alternative procedure.
§ 102.94
Expeditious processing of Section 10(j) cases.
§ 102.95
Priority of cases pursuant to Section 10(l) and (m) of the Act.
§ 102.96
Issuance of complaint promptly.
§ 102.97
Expeditious processing of Section 10(l) and (m) cases in successive stages.
§ 102.98
Petition for advisory opinion; who may file; where to file.
§ 102.99
Contents of petition for advisory opinion.
§ 102.100
Notice of petition; service of petition.
§ 102.101
Response to petition; service of response.
§ 102.104
Withdrawal of petition.
§ 102.105
Petitions for declaratory orders; who may file; where to file; withdrawal.
§ 102.106
Contents of petition for declaratory order.
§ 102.107
Notice of petition; service of petition.
§ 102.108
Response to petition; service of response.
§ 102.109
Intervention.
§ 102.110
Proceedings before the Board; briefs; declaratory orders.
§ 102.111-102.114
§§ 102.111-102.114 [Reserved]
§ 102.115
Certification of Board papers and documents.
§ 102.116
Signature on Board orders.
§ 102.117
Freedom of Information Act Regulations: Agency materials including formal documents available pursuant to the Freedom of Information Act; requests for described records; time limit for response; appeal from denial of request; fees for document search, duplication, and review; files and records not subject to inspection.
§ 102.118
Present and former Board employees prohibited from producing documents and testifying; production of witnesses' statements after direct testimony.
§ 102.119
Privacy Act Regulations: Notification as to whether a system of records contains records pertaining to requesting individuals; requests for access to records, amendment of such records, or accounting of disclosures; time limits for response; appeal from denial of requests; fees for document duplication; files and records exempted from certain Privacy Act requirements.
§ 102.120
Post-employment restrictions on activities by former officers and employees.
§ 102.121
Rules to be liberally construed.
§ 102.122-102.123
§§ 102.122-102.123 [Reserved]
§ 102.124
Petitions for issuance, amendment, or repeal of rules.
§ 102.125
Action on petition.
§ 102.126
Unauthorized communications.
§ 102.127
Definitions.
§ 102.128
Types of on-the-record proceedings; categories of Board agents; duration of prohibition.
§ 102.129
Communications prohibited.
§ 102.130
Communications not prohibited.
§ 102.131
Solicitation of prohibited communications.
§ 102.132
Reporting of prohibited communications; penalties.
§ 102.133
Penalties and enforcement.
§ 102.134
§ 102.134 [Reserved]
§ 102.135
Postal Reorganization Act.
§ 102.136
Establishment and use of advisory committees.
§ 102.137
Public observation of Board meetings.
§ 102.138
Definition of <em>meeting</em>.
§ 102.139
Closing of meetings; reasons.
§ 102.140
Action necessary to close meeting; record of votes.
§ 102.141
Notice of meetings; public announcement and publication.
§ 102.142
Transcripts, recordings, or minutes of closed meetings; public availability; retention.
§ 102.143
“Adversary adjudication” defined; entitlement to award; eligibility for award.
§ 102.144
Standards for awards.
§ 102.145
Allowable fees and expenses.
§ 102.146
Rulemaking on maximum rates for attorney or agent fees.
§ 102.147
Contents of application; net worth exhibit; documentation of fees and expenses.
§ 102.148
When an application may be filed; place of filing; service; referral to Administrative Law Judge; stay of proceeding.
§ 102.149
Filing of documents; service of documents; motions for extension of time.
§ 102.150
Answer to application; reply to answer; comments by other parties.
§ 102.151
Settlement.
§ 102.152
Further proceedings.
§ 102.153
Administrative Law Judge's decision; contents; service; transfer of case to the Board; contents of record in case.
§ 102.154
Exceptions to Administrative Law Judge's decision; briefs; action of the Board.
§ 102.155
Payment of award.
§ 102.156
Administrative offset; purpose and scope.
§ 102.157
Definitions.
§ 102.158
Agency requests for administrative offsets and cooperation with other Federal agencies.
§ 102.159
Exclusions.
§ 102.160
Agency responsibilities.
§ 102.161
Notification.
§ 102.162
Examination and copying of records related to the claim; opportunity for full explanation of the claim.
§ 102.163
Opportunity for repayment.
§ 102.164
Review of the obligation.
§ 102.165
Cost shifting.
§ 102.166
Additional administrative collection action.
§ 102.167
Prior provision of rights with respect to debt.
§ 102.168
Federal income tax refund offset; purpose and scope.
§ 102.169
Definitions.
§ 102.170
Agency referral to IRS for tax referral effect; Agency responsibilities.
§ 102.171
Cost shifting.
§ 102.172
Minimum referral amount.
§ 102.173
Relation to other collection efforts.
§ 102.174
Debtor notification.
§ 102.175
Agency review of the obligation.
§ 102.176
§ 102.176 [Reserved]
§ 102.177
Exclusion from hearings; refusal of witness to answer questions; misconduct by attorneys and party representatives before the Agency; procedures for processing misconduct allegations.
§ 102.178
Normal operations should continue.
§ 102.179
Motions for default judgment, summary judgment, or dismissal referred to Chief Administrative Law Judge.
§ 102.180
Requests for special permission to appeal referred to Chief Administrative Law Judge.
§ 102.181
Administrative and procedural requests referred to Executive Secretary.
§ 102.182
Representation cases should be processed to certification.