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HRD-78-144 1 (1978-07-18)

handle is hein.gao/gaobaaxqn0001 and id is 1 raw text is: RELEASED P-163375 July 18, 1978 The Honorable Alvin Baldus Chairman, Subcommittee on Fnergy, - Fnvironment, Safety-ard Research - Committee on Smail Business Houze of PeDresentatives At ( '((i - ( C 1/I//il' LM106664 Dear Mr. Chairman: In response to a recommendation in your Subcommittee's rejcrt, Impact of the Administration of the Occupational Safety and Heelth Act on Small Business, we have reviewed certain aspects of the Occupational Safety and Health Review Con'missio::. As agreed with your office, because we were also makinc a broad review of administrative law judges in a number of agencies, includin,3 the Commission, we limited our work to the effects of Rule 91a (29 CFP 2200.91a) on small employers. This rule specified that, effective January 3, 1977, a petition for discretionary review of a Commission administrative law judge's decision shall be filed only upon one or more of the following grounds: (1) A fjndinq of material fact is not supported hy a prcponaerance of the evidence. (2) The decision is contrary to 13w or to the Commission's duly promulgated rules or decisions. (3) A substantial auestion of law, abuse of discretion, cr policy is involved. (4) A prejudicial error of procedure was committed. The rule also required that each issue be separately numbered, plainly and concisely stated, and supported by cita- tions to the record when applicable. On February 3, 1978, the Commission eliminated the requirement of citations to the record because of difficulties encountered by parties not represented by attorneys. HRD-78-144 (20681) RELEASED RESTRICTED - Net to ,. releae'd euts'de the General Accounting Office ex¢cc. t .. ::19 f-, . , specific approval by the Office of Congress.e.,ul ielat.,ns. COMPTROLLER GENERAL OF THE UNITEO STA-,VS WASHINGTON. D.C. 054 / I

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