this paragraph. (B) Stay of nonconfirmation The nonconfirmation related to such final determination shall be automatically stayed upon the timely filing of a complaint under this paragraph, and the stay shall remain in effect until the resolution of the complaint, unless the administrative law judge determines that the action is frivolous or filed for purposes of delay. (C) Service The respondent to complaint filed under this paragraph is either the Secretary or the Commissioner, but not both, depending upon who issued the administrative order under paragraph (6). In addition to serving the respondent, the plaintiff shall serve the Attorney General. (D) Authority of administrative law judge (i) Rules of practice The Secretary shall promulgate regulations regarding the rules of practice in appeals brought pursuant to this subsection. (ii) Authority of administrative law judge The administrative law judge shall have power to— (I) terminate a stay of a nonconfirmation under subparagraph (B) if the administrative law judge determines that the action is frivolous or filed for purposes of delay