§ 661. — Occupational Safety and Health Review Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC661]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 661. Occupational Safety and Health Review Commission
(a) Establishment; membership; appointment; Chairman
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.
(b) Terms of office; removal by President
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.
(c) Omitted
(d) Principal office; hearings or other proceedings at other places
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.
(e) Functions and duties of Chairman; appointment and compensation of
administrative law judges and other employees
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.
(f) Quorum; official action
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.
(g) Hearings and records open to public; promulgation of rules;
applicability of Federal Rules of Civil Procedure
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.
(h) Depositions and production of documentary evidence; fees
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.
(i) Investigatory powers
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.
(j) Administrative law judges; determinations; report as final order of
Commission
A\1\ 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.
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\1\ So in original. Probably should be ``An''.
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(k) Appointment and compensation of administrative law judges
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.
(Pub. L. 91-596, Sec. 12, Dec. 29, 1970, 84 Stat. 1603; Pub. L. 95-251,
Sec. 2(a)(7), Mar. 27, 1978, 92 Stat. 183.)
References in Text
The General Schedule, referred to in subsec. (e), is set out under
section 5332 of Title 5, Government Organization and Employees.
The Federal Rules of Civil Procedure, referred to in subsec. (g),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Codification
Subsec. (c) of this section amended sections 5314 and 5315 of Title
5, Government Organization and Employees.
In subsec. (e), reference to section 5372 of title 5 was substituted
for section 5362 on authority of Pub. L. 95-454, Sec. 801(a)(3)(A)(ii),
Oct. 13, 1978, 92 Stat. 1221, which redesignated sections 5361 through
5365 of title 5 as sections 5371 through 5375.
Amendments
1978--Subsecs. (e), (j), (k). Pub. L. 95-251 substituted
``administrative law judge'' and ``administrative law judges'' for
``hearing examiner'' and ``hearing examiners'', respectively, wherever
appearing.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
