29 CFR Part 24

§ 24.3

29 CFR Subtitle A (7–1–05 Edition)

days of an alleged violation shall be inoperative unless the respondent establishes that the complainant had notice
of the material provisions of the notice. If it is established that the notice
was posted at the employee’s place of
employment after the alleged discriminatory action occurred or that the
complainant later obtained actual notice, the 180 days shall ordinarily run
from that date.
§ 24.3 Complaint.
(a) Who may file. An employee who
believes that he or she has been discriminated against by an employer in
violation of any of the statutes listed
in § 24.1(a) may file, or have another
person file on his or her behalf, a complaint alleging such discrimination.
(b) Time of filing. (1) Except as provided in paragraph (b)(2) of this section, any complaint shall be filed within 30 days after the occurrence of the
alleged violation. For the purpose of
determining timeliness of filing, a
complaint filed by mail shall be
deemed filed as of the date of mailing.
(2) Under the Energy Reorganization
Act of 1974, any complaint shall be filed
within 180 days after the occurrence of
the alleged violation.
(c) Form of complaint. No particular
form of complaint is required, except
that a complaint must be in writing
and should include a full statement of
the acts and omissions, with pertinent
dates, which are believed to constitute
the violation.
(d) Place of filing. A complaint may be
filed in person or by mail at the nearest local office of the Occupational
Safety and Health Administration, listed in most telephone directories under
U.S.
Government,
Department
of
Labor. A complaint may also be filed
with the Office of the Assistant Secretary, Occupational Safety and Health
Administration, U.S. Department of
Labor, Washington, D.C. 20210.
(Approved by the Office of Management and
Budget under control number 1215–0183)

§ 24.4 Investigations.
(a) Upon receipt of a complaint under
this part, the Assistant Secretary shall
notify the person named in the complaint, and the appropriate office of the
Federal agency charged with the ad-

ministration of the affected program of
its filing.
(b) The Assistant Secretary shall, on
a priority basis, investigate and gather
data concerning such case, and as part
of the investigation may enter and inspect such places and records (and
make copies thereof), may question
persons being proceeded against and
other employees of the charged employer, and may require the production
of any documentary or other evidence
deemed necessary to determine whether a violation of the law involved has
been committed.
(c) Investigations under this part
shall be conducted in a manner which
protects the confidentiality of any person other than the complainant who
provides information on a confidential
basis, in accordance with part 70 of this
title.
(d)(1) Within 30 days of receipt of a
complaint, the Assistant Secretary
shall complete the investigation, determine whether the alleged violation has
occurred, and give notice of the determination. The notice of determination
shall contain a statement of reasons
for the findings and conclusions therein and, if the Assistant Secretary determines that the alleged violation has
occurred, shall include an appropriate
order to abate the violation. Notice of
the determination shall be given by
certified mail to the complainant, the
respondent, and their representatives
(if any). At the same time, the Assistant Secretary shall file with the Chief
Administrative Law Judge, U.S. Department of Labor, the original complaint and a copy of the notice of determination.
(2) The notice of determination shall
include or be accompanied by notice to
the complainant and the respondent
that any party who desires review of
the determination or any part thereof,
including judicial review, shall file a
request for a hearing with the Chief
Administrative Law Judge within five
business days of receipt of the determination. The complainant or respondent in turn may request a hearing
within five business days of the date of
a timely request for a hearing by the
other party. If a request for a hearing
is timely filed, the notice of determination of the Assistant Secretary shall be

276

VerDate Aug<04>2004

12:38 Jul 26, 2005

Jkt 205107

PO 00000

Frm 00286

Fmt 8010

Sfmt 8010

Y:\SGML\205107.XXX

205107