CFR > Title 29 - Labor > SUBTITLE B—Regulations Relating to Labor > CHAPTER XX—OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (parts 2200 to 2400) > PART 2204—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION > SUBPART A—General Provisions (§2204.101 to §2204.108) > 2204.104—Proceedings covered.

2204.104—Proceedings covered.

The EAJA applies to adversary adjudications before the Commission. These are adjudications under 5 U.S.C. 554 and 29 U.S.C. 659(c) in which the position of the Secretary is represented by an attorney or other representative. The types of proceedings covered are the following proceedings under section 10(c), 29 U.S.C. 659(c), of the OSH Act:
(a) Contests of citations, notifications, penalties, or abatement periods by an employer;
(b) Contests of abatement periods by an affected employee or authorized employee representative; and
(c) Petitions for modification of the abatement periods by an employer.