---
kind: "section"
citation: "29 C.F.R. § 2200.38"
title: "29"
number: "2200.38"
heading: "Employee contests."
url: "https://uscodex.org/cfr/29/2200.38"
---

# §2200.38. Employee contests.

- (a) **Secretary's statement of reasons.** Where an affected employee or authorized employee representative files a notice of contest with respect to the abatement period, the Secretary shall, within 14 days from receipt of the notice of contest, file a clear and concise statement of the reasons the abatement period prescribed by the Secretary is not unreasonable.
- (b) **Response to Secretary's statement.** Not later than 14 days after service of the Secretary's statement, referred to in [paragraph (a)](#a) of this section, the contesting affected employee or authorized employee representative shall file a response. Service of the filed statement on the other parties and intervenors shall be accomplished in a manner prescribed in [§ 2200.7(c)](/cfr/29/2200.7.md?p=c).
- (c) **Expedited proceedings.** All contests under this section shall be handled as expedited proceedings as provided for in [§ 2200.103](/cfr/29/2200.103.md).

## Notes

### Authority

Authority: 29 U.S.C. 661(g), unless otherwise noted.

### Source

Source: 84 FR 14558, Apr. 10, 2019, unless otherwise noted.