Section 88 Reasonable Basis in Law for Theory Underlying Citation
| Library | Employer-Employee Law 2008 |
The Secretary’s argument must either be supported by legal precedent or represent a credible argument for extending or interpreting the law differently. See S & H Riggers & Erectors, Inc. v. OSHRC,672 F.2d 426, 430 (5th Cir. 1982); Sec’y of Labor v.Mautz & Oren, Inc.,OSHRC Docket No. 89-1366, 1993 OSAHRC LEXIS 35, 16 O.S.H. Cas. (BNA) 1006 (OSHRC March 8, 1993) (denying an award under the EAJA when the Secretary’s legal theory was one of two possible interpretations). The government does not necessarily...
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