1. Whether the United States Court of Appeals correctly applied the substantial evidence standard as articulated by this Court's prior precedent.

2. Whether the United States Court of Appeals correctly applied Auer deference pursuant to the analysis set out by this Court in Kisor v. Wilkie, 139 S. Ct. 2400 (2019).

3. Whether the admission of a prior out-of-court statement of a non-managerial employee, which constituted the sole evidence in support of an Occupational Safety and Health Administration citation in an administrative adjudication, is a violation of an employer's due process rights or was reversible error under Federal Rule of Evidence 403.

Whether the United States Court of Appeals correctly applied the substantial-evidence-standard