Page:United States Statutes at Large Volume 116 Part 4.djvu/562

 116 STAT. 2990 PUBLIC LAW 107-355 —DEC. 17, 2002 Deadlines. Notification. other manner in such a proceeding or in any other action to carry out the purposes of this chapter or any other Federal law relating to pipeline safety. "(2) EMPLOYER DEFINED. —In this section, the term 'employer' means— "(A) a person owning or operating a pipeline facility; or "(B) a contractor or subcontractor of such a person. "(b) DEPARTMENT OF LABOR COMPLAINT PROCEDURE.— "(1) FILING AND NOTIFICATION.— A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing, the person or persons named in the complaint and the Secretary of Transportation of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person or persons under paragraph (2). " (2) INVESTIGATION; PRELIMINARY ORDER.— "(A) IN GENERAL.— Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the person or persons named in the complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the Secretary of Labor to present statements from witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify in writing the complainant and the person or persons alleged to have committed a violation of subsection (a) of the Secretary of Labor's findings. If the Secretary of Labor concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary of Labor shall include with the Secretary of Labor's findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 60 days after the date of notification of findings under this subparagraph, any person alleged to have committed a violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested in such 60- day period, the preliminary order shall be deemed a final order that is not subject to judicial review. " (B) REQUIREMENTS.— " (i) REQUIRED SHOWING BY COMPLAINANT.— The Secretary of Labor shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in subsection (a) was a

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