29 U.S.C. § 661 — Occupational Safety and Health Review Commission
submitted 56 years ago by Pub. L. 91-596 to r/title-29-LABOR · 805 words · no verdicts yet
This section establishes the Occupational Safety and Health Review Commission and sets its membership, terms, procedures, and powers. It also governs its Chairman, employees, hearings, investigations, and administrative law judges.
(a) Establishment; membership; appointment; Chairman. The Occupational Safety and Health Review Commission* is established. It has three members appointed by the President with the Senate’s advice and consent. Appointees must be qualified by training, education, or experience to perform the Commission’s functions under this chapter. The President designates one member as Chairman.
(b) Terms of office; removal. Members serve six-year terms. The first members serve, as the President designates when appointing them, terms of two, four, and six years. If a member dies, resigns, or is removed before the term ends, the replacement serves only the rest of that term. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(c) Omitted.
(d) Principal office; proceedings elsewhere. The Commission’s main office must be in the District of Columbia. If doing so would help the public or parties, or reduce delay or expense, the Commission may hold hearings or conduct other proceedings elsewhere.
(e) Chairman and employees. The Chairman is responsible for the Commission’s administrative operations and appoints the administrative law judges and other employees needed to perform its functions. The Chairman sets their pay under title 5’s classification and General Schedule rules. Assignment, removal, and pay of administrative law judges must follow sections 3105, 3344, 5372, and 7521 of title 5.
(f) Quorum; official action. Two members make a quorum for the Commission’s functions. Official action requires at least two members’ affirmative votes.
(g) Public hearings and records; rules. Every official Commission act must be recorded. Its hearings and records must be open to the public. The Commission may make rules needed to conduct proceedings orderly. Unless it adopts a different rule, its proceedings follow the Federal Rules of Civil Procedure.
(h) Depositions and documents; fees. In any pending proceeding, the Commission may order testimony by deposition at any stage. It may compel people to appear and give depositions and to produce books, papers, or documents in the same way witnesses may be compelled to appear, testify, and produce documents before the Commission. Witnesses whose depositions are taken, and the people who take them, receive the same fees paid for similar services in United States courts.
(i) Investigatory powers. For a Commission proceeding, section 161 of this title applies to the Commission’s jurisdiction and powers. This section does not define the term “investigatory powers.”
(j) Administrative law judges; determinations; final order. A Commission-appointed administrative law judge must hear and decide each Commission proceeding and related motion assigned by the Chairman, and must report any determination that finally disposes of the proceeding. The report becomes the Commission’s final order 30 days after it is issued unless a Commission member directs within that period that the Commission review it.
(k) Appointment and compensation. Unless this chapter says otherwise, administrative law judges are governed by laws for classified civil-service employees, but appointments are made without regard to section 5108 of title 5. Each judge must be paid at least the rate prescribed for GS-16 under section 5332 of title 5.
The Occupational Safety and Health Review Commission* is hereby established. The Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who by reason of training, education, or experience are qualified to carry out the functions of the Commission under this chapter. The President shall designate one of the members of the Commission to serve as Chairman.
The terms of members of the Commission shall be six years except that (1) the members of the Commission first taking office shall serve, as designated by the President at the time of appointment, one for a term of two years, one for a term of four years, and one for a term of six years, and (2) a vacancy caused by the death, resignation, or removal of a member prior to the expiration of the term for which he was appointed shall be filled only for the remainder of such unexpired term. A member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
The principal office of the Commission shall be in the District of Columbia. Whenever the Commission deems that the convenience of the public or of the parties may be promoted, or delay or expense may be minimized, it may hold hearings or conduct other proceedings at any other place.
The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission and shall appoint such administrative law judges and other employees as he deems necessary to assist in the performance of the Commission’s functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates: Provided, That assignment, removal and compensation of administrative law judges shall be in accordance with sections 3105, 3344, 5372, and 7521 of title 5.
For the purpose of carrying out its functions under this chapter, two members of the Commission shall constitute a quorum and official action can be taken only on the affirmative vote of at least two members.
Every official act of the Commission shall be entered of record, and its hearings and records shall be open to the public. The Commission is authorized to make such rules as are necessary for the orderly transaction of its proceedings. Unless the Commission has adopted a different rule, its proceedings shall be in accordance with the Federal Rules of Civil Procedure.
The Commission may order testimony to be taken by deposition in any proceeding pending before it at any state* of such proceeding. Any person* may be compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Commission. Witnesses whose depositions are taken under this subsection, and the persons taking such depositions, shall be entitled to the same fees as are paid for like services in the courts of the United States.
For the purpose of any proceeding before the Commission, the provisions of section 161 of this title are hereby made applicable to the jurisdiction and powers of the Commission.
A1 administrative law judge appointed by the Commission shall hear, and make a determination upon, any proceeding instituted before the Commission and any motion in connection therewith, assigned to such administrative law judge by the Chairman of the Commission, and shall make a report of any such determination which constitutes his final disposition of the proceedings. The report of the administrative law judge shall become the final order of the Commission within thirty days after such report by the administrative law judge, unless within such period any Commission member has directed that such report shall be reviewed by the Commission.
Except as otherwise provided in this chapter, the administrative law judges shall be subject to the laws governing employees in the classified civil service, except that appointments shall be made without regard to section 5108 of title 5. Each administrative law judge shall receive compensation at a rate not less than that prescribed for GS–16 under section 5332 of title 5.
Source credit: (Pub. L. 91–596, § 12, Dec. 29, 1970, 84 Stat. 1603; Pub. L. 95–251, § 2(a)(7), Mar. 27, 1978, 92 Stat. 183.)
- 1970Enacted · Pub. L. 91-596 · 84 Stat. 1603
- 1978Amended · Pub. L. 95-251 · 92 Stat. 183
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-596 on 1970-12-29.
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