Jamel Ellerbee v. Annett Holdings, Inc., dba TMC Transportation, et al.
AdministrativeLaw Arbitration DueProcess
Whether statutory construction of 49 U.S.C. § 31105 conflicts with judicial review, 29 C.F.R. § 1987.110(b), of the Administrative Procedure Act?
QUESTIONS PRESENTED Whether statutory construction of 49 U.S.C. § 31105 conflicts with judicial review, 29 C.F.R. § 1987.110(b), of the Administrative Procedure Act? Whether the statutory kick-out provision, 49 U.S.C. § 31105 (c), ever expires and if administrative exhaustion is required before kick-out? Whether after a prima facie has been presented to the Secretary of Labor, and has not been overturned by clear and convincing evidence, does USDOL's duty to enforce 49 . USC $ 31105 ever expire? Whether the STAA covers retaliation against all hired employees, by the employer, for transportation of goods by commercial motor vehicle? Whether OSHA's Final Rule of Implementing the 9/11 Commission Act is in direct conflict with statutory construction of 49 U.S.C. § 31105, contrary to the equal protection and due process clauses of the Fifth and Fourteenth Amendments, and is also arbitrary, capricious, and unlawful? . , 1