---
kind: "section"
citation: "29 C.F.R. § 1905.51"
title: "29"
number: "1905.51"
heading: "Finality for purposes of judicial review."
url: "https://uscodex.org/cfr/29/1905.51"
---

# §1905.51. Finality for purposes of judicial review.


Only a decision by the Assistant Secretary shall be deemed final agency action for purposes of judicial review. A decision by a hearing examiner which becomes final for lack of appeal is not deemed final agency action for purposes of [5 U.S.C. 704](/usc/5/704.md).


## Notes

### Authority

Authority: Secs. 6, 8, 16, Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 657, 665), Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736) as applicable.

### Source

Source: 36 FR 12290, June 30, 1971, unless otherwise noted.