29 CFR § 2204.402 - Answer to application.

---
identifier: "/us/cfr/t29/s2204.402"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 2204.402 - Answer to application."
title_number: 29
title_name: "Labor"
section_number: "2204.402"
section_name: "Answer to application."
chapter_name: "OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION"
part_number: "2204"
part_name: "IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 504."
regulatory_source: "86 FR 26659, May 17, 2021, unless otherwise noted."
cfr_part: "2204"
---


# 2204.402 Answer to application.

(a) Within 30 days after service of an application, the Secretary shall file an answer to the application. Unless the Secretary requests an extension of time for filing or files a statement of intent to negotiate under paragraph (b) of this section, failure to file an answer within the 30-day period may be treated as a consent to the award requested.

(b) If the Secretary and the applicant believe that the issues in the fee application can be settled, they may jointly file a statement of their intent to negotiate a settlement. The filing of this statement shall extend the time for filing an answer for an additional 30 days, and further extensions may be granted by the judge upon request.

(c) The answer shall explain in detail any objections to the award requested and identify the facts relied on in support of the Secretary's position. If the answer is based on any alleged facts not already in the record of the proceeding, the Secretary shall include with the answer either supporting affidavits or a request for further proceedings under § 2204.405.