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U.S. Code as of:
01/19/04
Section 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.
(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.
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