cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 29:29:1.1.1.1.19.1.47.1 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.10 Scope and purpose. | DOL | (a) In general. These rules govern the procedure in proceedings before the United States Department of Labor, Office of Administrative Law Judges. They should be construed and administered to secure the just, speedy, and inexpensive determination of every proceeding. To the extent that these rules may be inconsistent with a governing statute, regulation, or executive order, the latter controls. If a specific Department of Labor regulation governs a proceeding, the provisions of that regulation apply, and these rules apply to situations not addressed in the governing regulation. The Federal Rules of Civil Procedure (FRCP) apply in any situation not provided for or controlled by these rules, or a governing statute, regulation, or executive order. (b) Type of proceeding. Unless the governing statute, regulation, or executive order prescribes a different procedure, proceedings follow the Administrative Procedure Act, 5 U.S.C. 551 through 559. (c) Waiver, modification, and suspension. Upon notice to all parties, the presiding judge may waive, modify, or suspend any rule under this subpart when doing so will not prejudice a party and will serve the ends of justice. | ||||||
| 29:29:1.1.1.1.19.1.47.2 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.11 Definitions. | DOL | For purposes of these rules, these definitions supplement the definitions in the Administrative Procedure Act, 5 U.S.C. 551. Calendar call means a meeting in which the judge calls cases awaiting hearings, determines case status, and assigns a hearing date and time. Chief Judge means the Chief Administrative Law Judge of the United States Department of Labor Office of Administrative Law Judges and judges to whom the Chief Judge delegates authority. Docket clerk means the Chief Docket Clerk at the Office of Administrative Law Judges in Washington, DC. But once a case is assigned to a judge in a district office, docket clerk means the docket staff in that office. Hearing means that part of a proceeding consisting of a session to decide issues of fact or law that is recorded and transcribed and provides the opportunity to present evidence or argument. Judge means an administrative law judge appointed under the provisions of 5 U.S.C. 3105. Order means the judge's disposition of one or more procedural or substantive issues, or of the entire matter. Proceeding means an action before the Office of Administrative Law Judges that creates a record leading to an adjudication or order. Representative means any person permitted to represent another in a proceeding before the Office of Administrative Law Judges. | ||||||
| 29:29:1.1.1.1.19.1.47.3 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.12 Proceedings before administrative law judge. | DOL | (a) Designation. The Chief Judge designates the presiding judge for all proceedings. (b) Authority. In all proceedings under this part, the judge has all powers necessary to conduct fair and impartial proceedings, including those described in the Administrative Procedure Act, 5 U.S.C. 556. Among them is the power to: (1) Regulate the course of proceedings in accordance with applicable statute, regulation or executive order; (2) Administer oaths and affirmations and examine witnesses; (3) Compel the production of documents and appearance of witnesses within a party's control; (4) Issue subpoenas authorized by law; (5) Rule on offers of proof and receive relevant evidence; (6) Dispose of procedural requests and similar matters; (7) Terminate proceedings through dismissal or remand when not inconsistent with statute, regulation, or executive order; (8) Issue decisions and orders; (9) Exercise powers vested in the Secretary of Labor that relate to proceedings before the Office of Administrative Law Judges; and (10) Where applicable take any appropriate action authorized by the FRCP. | ||||||
| 29:29:1.1.1.1.19.1.47.4 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.13 Settlement judge procedure. | DOL | (a) How initiated. The Office of Administrative Law Judges provides settlement judges to aid the parties in resolving the matter that is the subject of the controversy. Upon a joint request by the parties or upon referral by the judge when no party objects, the Chief Judge may appoint a settlement judge. A settlement judge will not be appointed when settlement proceedings would be inconsistent with a statute, regulation, or executive order. (b) Appointment. The Chief Judge has discretion to appoint a settlement judge, who must be an active or retired judge. The settlement judge will not be appointed to hear and decide the case or approve the settlement without the parties' consent and the approval of the Chief Judge. (c) Duration of settlement proceeding. Unless the Chief Judge directs otherwise, settlement negotiations under this section must be completed within 60 days from the date of the settlement judge's appointment. The settlement judge may request that the Chief Judge extend the appointment. The negotiations will be terminated if a party withdraws from participation, or if the settlement judge determines that further negotiations would be unproductive or inappropriate. (d) Powers of the settlement judge. The settlement judge may convene settlement conferences; require the parties or their representatives to attend with full authority to settle any disputes; and impose other reasonable requirements to expedite an amicable resolution of the case. (e) Stay of proceedings before presiding judge. The appointment of a settlement judge does not stay any aspect of the proceeding before the presiding judge. Any motion to stay must be directed to the presiding judge. (f) Settlement conferences. Settlement conferences may be conducted by telephone, videoconference or in person at the discretion of the settlement judge after considering the nature of the case, location of the participants, availability of technology, and efficiency of administration. (g) Confidentiality. All discussions with the s… | ||||||
| 29:29:1.1.1.1.19.1.47.5 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.14 Ex parte communication. | DOL | The parties, their representatives, or other interested persons must not engage in ex parte communications on the merits of a case with the judge. | ||||||
| 29:29:1.1.1.1.19.1.47.6 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.15 Substitution of administrative law judge. | DOL | (a) Substitution during hearing. If the judge is unable to complete a hearing, a successor judge designated pursuant to § 18.12 may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties. The successor judge must, at a party's request, recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness. (b) Substitution following hearing. If the judge is unable to proceed after the hearing is concluded, the successor judge appointed pursuant to § 18.12 may issue a decision and order based upon the existing record after notifying the parties and giving them an opportunity to respond. Within 14 days of receipt of the judge's notice, a party may file an objection to the judge issuing a decision based on the existing record. If no objection is filed, the objection is considered waived. Upon good cause shown, the judge may order supplemental proceedings. | ||||||
| 29:29:1.1.1.1.19.1.47.7 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.16 Disqualification. | DOL | (a) Disqualification on judge's initiative. A judge must withdraw from a proceeding whenever he or she considers himself or herself disqualified. (b) Request for disqualification. A party may file a motion to disqualify the judge. The motion must allege grounds for disqualification, and include any appropriate supporting affidavits, declarations or other documents. The presiding judge must rule on the motion in a written order that states the grounds for the ruling. | ||||||
| 29:29:1.1.1.1.19.1.47.8 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.17 Legal assistance. | DOL | The Office of Administrative Law Judges does not appoint representatives, refer parties to representatives, or provide legal assistance. | ||||||
| 29:29:1.1.1.1.19.1.48.10 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.21 Party appearance and participation. | DOL | (a) In general. A party may appear and participate in the proceeding in person or through a representative. (b) Waiver of participation. By filing notice with the judge, a party may waive the right to participate in the hearing or the entire proceeding. When all parties waive the right to participate in the hearing, the judge may issue a decision and order based on the pleadings, evidence, and briefs. (c) Failure to appear. When a party has not waived the right to participate in a hearing, conference or proceeding but fails to appear at a scheduled hearing or conference, the judge may, after notice and an opportunity to be heard, dismiss the proceeding or enter a decision and order without further proceedings if the party fails to establish good cause for its failure to appear. | ||||||
| 29:29:1.1.1.1.19.1.48.11 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.22 Representatives. | DOL | (a) Notice of appearance. When first making an appearance, each representative must file a notice of appearance that indicates on whose behalf the appearance is made and the proceeding name and docket number. Any attorney representative must include in the notice of appearance the license registration number(s) assigned to the attorney. (b) Categories of representation; admission standards —(1) Attorney representative. Under these rules, “attorney” or “attorney representative” means an individual who has been admitted to the bar of the highest court of a State, Commonwealth, or Territory of the United States, or the District of Columbia. (i) Attorney in good standing. An attorney who is in good standing in his or her licensing jurisdiction may represent a party or subpoenaed witness before the Office of Administrative Law Judges. The filing of the Notice of Appearance required in paragraph (a) of this section constitutes an attestation that: (A) The attorney is a member of a bar in good standing of the highest court of a State, Commonwealth, or Territory of the United States, or the District of Columbia where the attorney has been licensed to practice law; and (B) No disciplinary proceeding is pending against the attorney in any jurisdiction where the attorney is licensed to practice law. (ii) Attorney not in good standing. An attorney who is not in good standing in his or her licensing jurisdiction may not represent a party or subpoenaed witness before the Office of Administrative Law Judges, unless he or she obtains the judge's approval. Such an attorney must file a written statement that establishes why the failure to maintain good standing is not disqualifying. The judge may deny approval for the appearance of such an attorney after providing notice and an opportunity to be heard. (iii) Disclosure of discipline. An attorney representative must promptly disclose to the judge any action suspending, enjoining, restraining, disbarring, or otherwise currently restricting the attorney in the pract… | ||||||
| 29:29:1.1.1.1.19.1.48.12 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.23 Disqualification of representatives. | DOL | (a) Disqualification —(1) Grounds for disqualification. Representatives qualified under § 18.22 may be disqualified for: (i) Suspension of a license to practice law or disbarment from the practice of law by any court or agency of the United States, highest court of a State, Commonwealth, or Territory of the United States, or the District of Columbia; (ii) Disbarment from the practice of law on consent or resignation from the bar of a court or agency while an investigation into an allegation of misconduct is pending; or (iii) Committing an act, omission, or contumacious conduct that violates these rules, an applicable statute, an applicable regulation, or the judge's order(s). (2) Disqualification procedure. The Chief Judge must provide notice and an opportunity to be heard as to why the representative should not be disqualified from practice before the Office of Administrative Law Judges. The notice will include a copy of the document that provides the grounds for the disqualification. Unless otherwise directed, any response must be filed within 21 days of service of the notice. The Chief Judge's determination must be based on the reliable, probative and substantial evidence of record, including the notice and response. (b) Notification of disqualification action. When an attorney representative is disqualified, the Chief Judge will notify the jurisdiction(s) in which the attorney is licensed to practice and the National Lawyer Regulatory Data Bank maintained by the American Bar Association Standing Committee on Professional Discipline, by providing a copy of the decision and order. (c) Application for reinstatement. A representative disqualified under this section may be reinstated by the Chief Judge upon application. At the discretion of the Chief Judge, consideration of an application for reinstatement may be limited to written submissions or may be referred for further proceedings before the Chief Judge. | ||||||
| 29:29:1.1.1.1.19.1.48.13 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.24 Briefs from amicus curiae. | DOL | The United States or an officer or agency thereof, or a State, Territory, Commonwealth, or the District of Columbia may file an amicus brief without the consent of the parties or leave of the judge. Any other amicus curiae may file a brief only by leave of the judge, upon the judge's request, or if the brief states that all parties have consented to its filing. A request for leave to file an amicus brief must be made by written motion that states the interest of the movant in the proceeding. The deadline for submission of an amicus brief will be set by the presiding judge. | ||||||
| 29:29:1.1.1.1.19.1.48.9 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.20 Parties to a proceeding. | DOL | A party seeking original relief or action is designated a complainant, claimant or plaintiff, as appropriate. A party against whom relief or other action is sought is designated a respondent or defendant, as appropriate. When participating in a proceeding, the applicable Department of Labor's agency is a party or party-in-interest. | ||||||
| 29:29:1.1.1.1.19.1.49.14 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.30 Service and filing. | DOL | (a) Service on parties —(1) In general. Unless these rules provide otherwise, all papers filed with OALJ or with the judge must be served on every party. (2) Service: how made —(i) Serving a party's representative. If a party is represented, service under this section must be made on the representative. The judge also may order service on the party. (ii) Service in general. A paper is served under this section by: (A) Handing it to the person; (B) Leaving it; ( 1 ) At the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or ( 2 ) If the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there. (C) Mailing it to the person's last known address—in which event service is complete upon mailing; (D) Leaving it with the docket clerk if the person has no known address; (E) Sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or (F) Delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery. (3) Certificate of service. A certificate of service is a signed written statement that the paper was served on all parties. The statement must include: (i) The title of the document; (ii) The name and address of each person or representative being served; (iii) The name of the party filing the paper and the party's representative, if any; (iv) The date of service; and (v) How the paper was served. (b) Filing with Office of Administrative Law Judges —(1) Required filings. Any paper that is required to be served must be filed within a reasonable time after service with a certificate of service. But disclosures under § 18.50(c) and the following d… | ||||||
| 29:29:1.1.1.1.19.1.49.15 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.31 Privacy protection for filings and exhibits. | DOL | (a) Redacted filings and exhibits. Unless the judge orders otherwise, in an electronic or paper filing or exhibit that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, the party or nonparty making the filing must redact all such information, except: (1) The last four digits of the social-security number and taxpayer-identification number; (2) The year of the individual's birth; (3) The minor's initials; and (4) The last four digits of the financial-account number. (b) Exemptions from the redaction requirement. The redaction requirement does not apply to the following: (1) The record of an administrative or agency proceeding; (2) The official record of a state-court proceeding; (3) The record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed; and (4) A filing or exhibit covered by paragraph (c) of this section. (c) Option for filing a reference list. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The reference list must be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. (d) Waiver of protection of identifiers. A person waives the protection of paragraph (a) of this section as to the person's own information by filing or offering it without redaction and not under seal. (e) Protection of material. For good cause, the judge may order protection of material pursuant to §§ 18.85 and 18.52. | ||||||
| 29:29:1.1.1.1.19.1.49.16 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.32 Computing and extending time. | DOL | [80 FR 28785, May 19, 2015, as amended at 80 FR 37539, July 1, 2015] | (a) Computing time. The following rules apply in computing any time period specified in these rules, a judge's order, or in any statute, regulation, or executive order that does not specify a method of computing time. (1) When the period is stated in days or a longer unit of time: (i) Exclude the day of the event that triggers the period; (ii) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and (iii) Include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. (2) “Last day” defined. Unless a different time is set by a statute, regulation, executive order, or judge's order, the “last day” ends at 4:30 p.m. local time where the event is to occur. (3) “Next day” defined. The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (4) “Legal holiday” defined. “Legal holiday” means the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; and any day on which the district office in which the document is to be filed is closed or otherwise inaccessible. (b) Extending time. When an act may or must be done within a specified time, the judge may, for good cause, extend the time: (1) With or without motion or notice if the judge acts, or if a request is made, before the original time or its extension expires; or (2) On motion made after the time has expired if the party failed to act because of excusable neglect. (c) Additional time after certain kinds of service. When a party may or must act within a specified time after service and service is made under § 18.30(a)(2)(ii)(C) or (D), 3 days are added after the period would otherwise expire under paragraph (a) of this section. | |||||
| 29:29:1.1.1.1.19.1.49.17 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.33 Motions and other papers. | DOL | [80 FR 28785, May 19, 2015, as amended at 80 FR 37539, July 1, 2015] | (a) In general. A request for an order must be made by motion. The motion must: (1) Be in writing, unless made during a hearing; (2) State with particularity the grounds for seeking the order; (3) State the relief sought; (4) Unless the relief sought has been agreed to by all parties, be accompanied by affidavits, declarations, or other evidence; and (5) If required by paragraph (c)(4) of this section, include a memorandum of points and authority supporting the movant's position. (b) Form. The rules governing captions and other matters of form apply to motions and other requests. (c) Written motion before hearing. (1) A written motion before a hearing must be served with supporting papers, at least 21 days before the time specified for the hearing, with the following exceptions: (i) When the motion may be heard ex parte; (ii) When these rules or an appropriate statute, regulation, or executive order set a different time; or (iii) When an order sets a different time. (2) A written motion served within 21 days before the hearing must state why the motion was not made earlier. (3) A written motion before hearing must state that counsel conferred, or attempted to confer, with opposing counsel in a good faith effort to resolve the motion's subject matter, and whether the motion is opposed or unopposed. A statement of consultation is not required with pro se litigants or with the following motions: (i) To dismiss; (ii) For summary decision; and (iii) Any motion filed as “joint,” “agreed,” or “unopposed.” (4) Unless the motion is unopposed, the supporting papers must include affidavits, declarations or other proof to establish the factual basis for the relief. For a dispositive motion and a motion relating to discovery, a memorandum of points and authority must also be submitted. A judge may direct the parties file additional documents in support of any motion. (d) Opposition or other response to a motion filed prior to hearing. A party to the proceeding may file an opposition or other response … | |||||
| 29:29:1.1.1.1.19.1.49.18 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.34 Format of papers filed. | DOL | Every paper filed must be printed in black ink on 8.5 × 11-inch opaque white paper and begin with a caption that includes: (a) The parties' names, (b) A title that describes the paper's purpose, and (c) The docket number assigned by the Office of Administrative Law Judges. If the Office has not assigned a docket number, the paper must bear the case number assigned by the Department of Labor agency where the matter originated. If the case number is an individual's Social Security number then only the last four digits may be used. See § 18.31(a)(1). | ||||||
| 29:29:1.1.1.1.19.1.49.19 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.35 Signing motions and other papers; representations to the judge; sanctions. | DOL | (a) Date and signature. Every written motion and other paper filed with OALJ must be dated and signed by at least one representative of record in the representative's name—or by a party personally if the party is unrepresented. The paper must state the signer's address, telephone number, facsimile number and email address, if any. The judge must strike an unsigned paper unless the omission is promptly corrected after being called to the representative's or party's attention. (b) Representations to the judge. By presenting to the judge a written motion or other paper—whether by signing, filing, submitting, or later advocating it—the representative or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of the proceedings; (2) The claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information. (c) Sanctions —(1) In general. If, after notice and a reasonable opportunity to respond, the judge determines that paragraph (b) of this section has been violated, the judge may impose an appropriate sanction on any representative, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee. (2) Motion for sanctions. A motion for sanctions mus… | ||||||
| 29:29:1.1.1.1.19.1.49.20 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.36 Amendments after referral to the Office of Administrative Law Judges. | DOL | The judge may allow parties to amend and supplement their filings. | ||||||
| 29:29:1.1.1.1.19.1.50.21 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.40 Notice of hearing. | DOL | (a) In general. Except when the hearing is scheduled by calendar call, the judge must notify the parties of the hearing's date, time, and place at least 14 days before the hearing. The notice is sent by regular, first-class mail, unless the judge determines that circumstances require service by certified mail or other means. The parties may agree to waive the 14-day notice for the hearing. (b) Date, time, and place. The judge must consider the convenience and necessity of the parties and the witnesses in selecting the date, time, and place of the hearing. | ||||||
| 29:29:1.1.1.1.19.1.50.22 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.41 Continuances and changes in place of hearing. | DOL | (a) By the judge. Upon reasonable notice to the parties, the judge may change the time, date, and place of the hearing. (b) By a party's motion. A request by a party to continue a hearing or to change the place of the hearing must be made by motion. (1) Continuances. A motion for continuance must be filed promptly after the party becomes aware of the circumstances supporting the continuance. In exceptional circumstances, a party may orally request a continuance and must immediately notify the other parties of the continuance request. (2) Change in place of hearing. A motion to change the place of a hearing must be filed promptly. | ||||||
| 29:29:1.1.1.1.19.1.50.23 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.42 Expedited proceedings. | DOL | A party may move to expedite the proceeding. The motion must demonstrate the specific harm that would result if the proceeding is not expedited. If the motion is granted, the formal hearing ordinarily will not be scheduled with less than 7 days notice to the parties, unless all parties consent to an earlier hearing. | ||||||
| 29:29:1.1.1.1.19.1.50.24 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.43 Consolidation; separate hearings. | DOL | (a) Consolidation. If separate proceedings before the Office of the Administrative Law Judges involve a common question of law or fact, a judge may: (1) Join for hearing any or all matters at issue in the proceedings; (2) Consolidate the proceedings; or (3) Issue any other orders to avoid unnecessary cost or delay. (b) Separate hearings. For convenience, to avoid prejudice, or to expedite and economize, the judge may order a separate hearing of one or more issues. | ||||||
| 29:29:1.1.1.1.19.1.50.25 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.44 Prehearing conference. | DOL | (a) In general. The judge, with or without a motion, may order one or more prehearing conferences for such purposes as: (1) Expediting disposition of the proceeding; (2) Establishing early and continuing control so that the case will not be protracted because of lack of management; (3) Discouraging wasteful prehearing activities; (4) Improving the quality of the hearing through more thorough preparation; and (5) Facilitating settlement. (b) Scheduling. Prehearing conferences may be conducted in person, by telephone, or other means after reasonable notice of time, place and manner of conference has been given. (c) Participation. All parties must participate in prehearing conferences as directed by the judge. A represented party must authorize at least one of its attorneys or representatives to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at the prehearing conference, including possible settlement. (d) Matters for consideration. At the conference, the judge may consider and take appropriate actions on the following matters: (1) Formulating and simplifying the issues, and eliminating frivolous claims or defenses; (2) Amending the papers that had framed the issues before the matter was referred for hearing; (3) Obtaining admissions and stipulations about facts and documents to avoid unnecessary proof, and ruling in advance on the admissibility of evidence; (4) Avoiding unnecessary proof and cumulative evidence, and limiting the number of expert or other witnesses; (5) Determining the appropriateness and timing of dispositive motions under §§ 18.70 and 18.72; (6) Controlling and scheduling discovery, including orders affecting disclosures and discovery under §§ 18.50 through 18.65; (7) Identifying witnesses and documents, scheduling the filing and exchange of any exhibits and prehearing submissions, and setting dates for further conferences and for the hearing; (8) Referring matters to a special master; (9) Settling the case and using spe… | ||||||
| 29:29:1.1.1.1.19.1.51.26 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.50 General provisions governing disclosure and discovery. | DOL | (a) Timing and sequence of discovery —(1) Timing. A party may seek discovery at any time after a judge issues an initial notice or order. But if the judge orders the parties to confer under paragraph (b) of this section: (i) The time to respond to any pending discovery requests is extended until the time agreed in the discovery plan, or that the judge sets in resolving disputes about the discovery plan, and (ii) No party may seek additional discovery from any source before the parties have conferred as required by paragraph (b) of this section, except by stipulation. (2) Sequence. Unless, on motion, the judge orders otherwise for the parties' and witnesses' convenience and in the interests of justice: (i) Methods of discovery may be used in any sequence; and (ii) Discovery by one party does not require any other party to delay its discovery. (b) Conference of the parties; planning for discovery —(1) In general. The judge may order the parties to confer on the matters described in paragraphs (b)(2) and (3) of this section. (2) Conference content; parties' responsibilities. In conferring, the parties must consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case; make or arrange for the disclosures required by paragraph (c) of this section; discuss any issues about preserving discoverable information; and develop a proposed discovery plan. The representatives of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the judge within 14 days after the conference a written report outlining the plan. The judge may order the parties or representatives to attend the conference in person. (3) Discovery plan. A discovery plan must state the parties' views and proposals on: (i) What changes should be made in the timing, form, or requirement for disclosures under paragraph (c) of t… | ||||||
| 29:29:1.1.1.1.19.1.51.27 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.51 Discovery scope and limits. | DOL | [80 FR 28785, May 19, 2015, as amended at 80 FR 37539, July 1, 2015] | (a) Scope in general. Unless otherwise limited by a judge's order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense—including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the judge may order discovery of any matter relevant to the subject matter involved in the proceeding. Relevant information need not be admissible at the hearing if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by paragraph (b)(4) of this section. (b) Limitations on frequency and extent —(1) When permitted. By order, the judge may alter the limits in these rules on the number of depositions and interrogatories or on the length of depositions under § 18.64. The judge's order may also limit the number of requests under § 18.63. (2) Specific limitations on electronically stored information. A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the judge may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of paragraph (b)(4) of this section. The judge may specify conditions for the discovery. (3) Inadvertently disclosed privileged or protected information. By requesting electronically stored information, a party consents to the application of Federal Rule of Evidence 502 with regard to inadvertently disclosed privileged or protected information. (4) When required. On motion or on his or… | |||||
| 29:29:1.1.1.1.19.1.51.28 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.52 Protective orders. | DOL | (a) In general. A party or any person from whom discovery is sought may file a written motion for a protective order. The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without the judge's action. The judge may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) Forbidding the disclosure or discovery; (2) Specifying terms, including time and place, for the disclosure or discovery; (3) Prescribing a discovery method other than the one selected by the party seeking discovery; (4) Forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters; (5) Designating the persons who may be present while the discovery is conducted; (6) Requiring that a deposition be sealed and opened only on the judge's order; (7) Requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way; and (8) Requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as the judge directs. (b) Ordering discovery. If a motion for a protective order is wholly or partly denied, the judge may, on just terms, order that any party or person provide or permit discovery. | ||||||
| 29:29:1.1.1.1.19.1.51.29 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.53 Supplementing disclosures and responses. | DOL | [80 FR 28785, May 19, 2015, as amended at 80 FR 37540, July 1, 2015] | (a) In general. A party who has made a disclosure under § 18.50(c)—or who has responded to an interrogatory, request for production, or request for admission—must supplement or correct its disclosure or response: (1) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing; or (2) As ordered by the judge. (b) Expert witness. For an expert whose report must be disclosed under § 18.50(c)(2)(ii), the party's duty to supplement extends both to information included in the report and to information given during the expert's deposition. Any additions or changes to this information must be disclosed by the time the party's prehearing disclosures under § 18.50(c)(3) are due. | |||||
| 29:29:1.1.1.1.19.1.51.30 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.54 Stipulations about discovery procedure. | DOL | Unless the judge orders otherwise, the parties may stipulate that: (a) A deposition may be taken before any person, at any time or place, on any notice, and in the manner specified—in which event it may be used in the same way as any other deposition; and (b) Other procedures governing or limiting discovery be modified— but a stipulation extending the time for any form of discovery must have the judge's approval if it would interfere with the time set for completing discovery, for hearing a motion, or for hearing. | ||||||
| 29:29:1.1.1.1.19.1.51.31 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.55 Using depositions at hearings. | DOL | (a) Using depositions —(1) In general. If there is no objection, all or part of a deposition may be used at a hearing to the extent it would be admissible under the applicable rules of evidence as if the deponent were present and testifying. (2) Over objection. Notwithstanding any objection, all or part of a deposition may be used at a hearing against a party on these conditions: (i) The party was present or represented at the taking of the deposition or had reasonable notice of it; (ii) It is used to the extent it would be admissible under the applicable rules of evidence if the deponent were present and testifying; and (iii) The use is allowed by paragraphs (a)(3) through (9) of this section. (3) Impeachment and other uses. Any party may use a deposition to contradict or impeach the testimony given by the deponent as a witness, or for any other purpose allowed by the applicable rules of evidence. (4) Deposition of party, agent, or designee. An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee under § 18.64(b)(6) or § 18.65(a)(4). (5) Deposition of expert, treating physician, or examining physician. A party may use for any purpose the deposition of an expert witness, treating physician or examining physician. (6) Unavailable witness. A party may use for any purpose the deposition of a witness, whether or not a party, if the judge finds: (i) That the witness is dead; (ii) That the witness is more than 100 miles from the place of hearing or is outside the United States, unless it appears that the witness's absence was procured by the party offering the deposition; (iii) That the witness cannot attend or testify because of age, illness, infirmity, or imprisonment; (iv) That the party offering the deposition could not procure the witness's attendance by subpoena; or (v) on motion and notice, that exceptional circumstances make it desirable—in the interests of justice and with due regard… | ||||||
| 29:29:1.1.1.1.19.1.51.32 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.56 Subpoena. | DOL | (a) In general. (1) Upon written application of a party the judge may issue a subpoena authorized by statute or law that requires a witness to attend and to produce relevant papers, books, documents, or tangible things in the witness' possession or under the witness' control. (2) Form and contents —(i) Requirements—in general. Every subpoena must: (A) State the title of the matter and show the case number assigned by the Office of Administrative Law Judges or the Office of Worker's Compensation Programs. In the event that the case number is an individual's Social Security number only the last four numbers may be used. See § 18.31(a)(1); (B) Bear the signature of the issuing judge; (C) Command each person to whom it is directed to do the following at a specified time and place: attend and testify; produce designated documents, electronically stored information, or tangible things in that person's possession, custody, or control; or permit the inspection of premises; and (D) Set out the text of paragraphs (c) and (d) of this section. (ii) Command to attend a deposition—notice of the recording method. A subpoena commanding attendance at a deposition must state the method for recording the testimony. (iii) Combining or separating a command to produce or to permit inspection; specifying the form for electronically stored information. A command to produce documents, electronically stored information, or tangible things or to permit the inspection of premises may be included in a subpoena commanding attendance at a deposition or hearing, or may be set out in a separate subpoena. A subpoena may specify the form or forms in which electronically stored information is to be produced. (iv) Command to produce; included obligations. A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding party to permit inspection, copying, testing, or sampling of the materials. (b) Service —(1) By whom; tendering fees; serving a copy of certain subpoen… | ||||||
| 29:29:1.1.1.1.19.1.51.33 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.57 Failure to make disclosures or to cooperate in discovery; sanctions. | DOL | (a) Motion for an order compelling disclosure or discovery —(1) In general. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without the judge's action. (2) Specific motions —(i) To compel disclosure. If a party fails to make a disclosure required by § 18.50(c), any other party may move to compel disclosure and for appropriate sanctions. (ii) To compel a discovery response. A party seeking discovery may move for an order compelling an answer, designation, production, or inspection. This motion may be made if: (A) A deponent fails to answer a question asked under §§ 18.64 and 18.65; (B) A corporation or other entity fails to make a designation under §§ 18.64(b)(6) and 18.65(a)(4); (C) A party fails to answer an interrogatory submitted under § 18.60; or (D) A party fails to respond that inspection will be permitted—or fails to permit inspection—as requested under § 18.61. (iii) Related to a deposition. When taking an oral deposition, the party asking a question may complete or adjourn the examination before moving for an order. (3) Evasive or incomplete disclosure, answer, or response. For purposes of paragraph (a) of this section, an evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond. (b) Failure to comply with a judge's order —(1) For not obeying a discovery order. If a party or a party's officer, director, or managing agent—or a witness designated under §§ 18.64(b)(6) and 18.65(a)(4)—fails to obey an order to provide or permit discovery, including an order under § 18.50(b) or paragraph (a) of this section, the judge may issue further just orders. They may include the following: (i) Directing that the matters embraced in the order or other designated facts be tak… | ||||||
| 29:29:1.1.1.1.19.1.52.34 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.60 Interrogatories to parties. | DOL | (a) In general —(1) Number. Unless otherwise stipulated or ordered by the judge, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with § 18.51. (2) Scope. An interrogatory may relate to any matter that may be inquired into under § 18.51. An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the judge may order that the interrogatory need not be answered until designated discovery is complete, or until a prehearing conference or some other time. (b) Answers and objections —(1) Responding party. The interrogatories must be answered: (i) By the party to whom they are directed; or (ii) If that party is a public or private corporation, a partnership, an association, or a governmental agency, by any officer or agent, who must furnish the information available to the party. (2) Time to respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under § 18.54 or be ordered by the judge. (3) Answering each interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath. (4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the judge, for good cause, excuses the failure. (5) Signature. The person who makes the answers must sign them, and the attorney or non-attorney representative who objects must sign any objections. (c) Use. An answer to an interrogatory may be used to the extent allowed by the applicable rules of evidence. (d) Option to produce business records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summariz… | ||||||
| 29:29:1.1.1.1.19.1.52.35 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.61 Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes. | DOL | (a) In general. A party may serve on any other party a request within the scope of § 18.51: (1) To produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control: (i) Any designated documents or electronically stored information—including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations—stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or (ii) Any designated tangible things; or (2) To permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. (b) Procedure —(1) Contents of the request. The request: (i) Must describe with reasonable particularity each item or category of items to be inspected; (ii) Must specify a reasonable time, place, and manner for the inspection and for performing the related acts; and (iii) May specify the form or forms in which electronically stored information is to be produced. (2) Responses and objections —(i) Time to respond. The party to whom the request is directed must respond in writing within 30 days after being served. A shorter or longer time may be stipulated to under § 18.54 or be ordered by the judge. (ii) Responding to each item. For each item or category, the response must either state that inspection and related activities will be permitted as requested or state an objection to the request, including the reasons. (iii) Objections. An objection to part of a request must specify the part and permit inspection of the rest. (iv) Responding to a request for production of electronically stored information. The response may state an objection to a requested form for producing electronical… | ||||||
| 29:29:1.1.1.1.19.1.52.36 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.62 Physical and mental examinations. | DOL | (a) Examination by notice —(1) In general. A party may serve upon another party whose mental or physical condition is in controversy a notice to attend and submit to an examination by a suitably licensed or certified examiner. (2) Contents of the notice. The notice must specify: (i) The legal basis for the examination; (ii) The time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it; and (iii) How the reasonable transportation expenses were calculated. (3) Service of notice. Unless otherwise agreed by the parties, the notice must be served no fewer than 30 days before the examination date. (4) Objection. The person to be examined must serve any objection to the notice no later than 14 days after the notice is served. The objection must be stated with particularity. (b) Examination by motion. Upon objection by the person to be examined the requesting party may file a motion to compel a physical or mental examination. The motion must include the elements required by paragraph (a)(2) of this section. (c) Examiner's report —(1) Delivery of the report. The party who initiated the examination must deliver a complete copy of the examination report to the party examined no later than seven days after it receives the report, together with like reports of all earlier examinations of the same condition. (2) Contents. The examiner's report must be in writing and must set out in detail the examiner's findings, including diagnoses, conclusions, and the results of any tests. | ||||||
| 29:29:1.1.1.1.19.1.52.37 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.63 Requests for admission. | DOL | (a) Scope and procedure —(1) Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of § 18.51 relating to: (i) Facts, the application of law to fact, or opinions about either; and (ii) The genuineness of any described documents. (2) Form; copy of a document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying. (3) Time to respond; effect of not responding. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to under § 18.54 or be ordered by the judge. (4) Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny. (5) Objections. The grounds for objecting to a request must be stated. A party must not object solely on the ground that the request presents a genuine issue for hearing. (6) Motion regarding the sufficiency of an answer or objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the judge finds an objection justified, the judge must order that an answer be … | ||||||
| 29:29:1.1.1.1.19.1.52.38 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.64 Depositions by oral examination. | DOL | (a) When a deposition may be taken —(1) Without leave. A party may, by oral questions, depose any person, including a party, without leave of the judge except as provided in paragraph (a)(2) of this section. The deponent's attendance may be compelled by subpoena under § 18.56. (2) With leave. A party must obtain leave of the judge, and the judge must grant leave to the extent consistent with § 18.51(b): (i) If the parties have not stipulated to the deposition and: (A) The deposition would result in more than 10 depositions being taken under this section or § 18.65 by one of the parties; (B) The deponent has already been deposed in the case; or (C) The party seeks to take the deposition before the time specified in § 18.50(a), unless the party certifies in the notice, with supporting facts, that the deponent is expected to leave the United States and be unavailable for examination in this country after that time; or (ii) If the deponent is confined in prison. (b) Notice of the deposition; other formal requirements —(1) Notice in general. Except as stipulated or otherwise ordered by the judge, a party who wants to depose a person by oral questions must give reasonable written notice to every other party of no fewer than 14 days. The notice must state the time and place of the deposition and, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. (2) Producing documents. If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. If the notice to a party deponent is accompanied by a request for production under § 18.61, the notice must comply with the requirements of § 18.61(b). (3) Method of recording —(i) Method stated in the notice. The party who notices the deposition must state in the notice the method for recording the te… | ||||||
| 29:29:1.1.1.1.19.1.52.39 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.65 Depositions by written questions. | DOL | (a) When a deposition may be taken —(1) Without leave. A party may, by written questions, depose any person, including a party, without leave of the judge except as provided in paragraph (a)(2) of this section. The deponent's attendance may be compelled by subpoena under § 18.56. (2) With leave. A party must obtain leave of the judge, and the judge must grant leave to the extent consistent with § 18.51(b): (i) If the parties have not stipulated to the deposition and: (A) The deposition would result in more than 10 depositions being taken under this section or § 18.64 by a party; (B) The deponent has already been deposed in the case; or (C) The party seeks to take a deposition before the time specified in § 18.50(a); or (ii) If the deponent is confined in prison. (3) Service; required notice. A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken. (4) Questions directed to an organization. A public or private corporation, a partnership, an association, or a governmental agency may be deposed by written questions in accordance with § 18.64(b)(6). (5) Questions from other parties. Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. The judge may, for good cause, extend or shorten these times. (b) Delivery to the deposition officer; officer's duties. Unless a different procedure is ordered by the judge, the party who noti… | ||||||
| 29:29:1.1.1.1.19.1.53.40 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.70 Motions for dispositive action. | DOL | (a) In general. When consistent with statute, regulation or executive order, any party may move under § 18.33 for disposition of the pending proceeding. If the judge determines at any time that subject matter jurisdiction is lacking, the judge must dismiss the matter. (b) Motion to remand. A party may move to remand the matter to the referring agency. A remand order must include any terms or conditions and should state the reason for the remand. (c) Motion to dismiss. A party may move to dismiss part or all of the matter for reasons recognized under controlling law, such as lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted, or untimeliness. If the opposing party fails to respond, the judge may consider the motion unopposed. (d) Motion for decision on the record. When the parties agree that an evidentiary hearing is not needed, they may move for a decision based on stipulations of fact or a stipulated record. | ||||||
| 29:29:1.1.1.1.19.1.53.41 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.71 Approval of settlement or consent findings. | DOL | (a) Motion for approval of settlement agreement. When the applicable statute or regulation requires it, the parties must submit a settlement agreement for the judge's review and approval. (b) Motion for consent findings and order. Parties may file a motion to accept and adopt consent findings. Any agreement that contains consent findings and an order that disposes of all or part of a matter must include: (1) A statement that the order has the same effect as one made after a full hearing; (2) A statement that the order is based on a record that consists of the paper that began the proceeding (such as a complaint, order of reference, or notice of administrative determination), as it may have been amended, and the agreement; (3) A waiver of any further procedural steps before the judge; and (4) A waiver of any right to challenge or contest the validity of the order entered into in accordance with the agreement. | ||||||
| 29:29:1.1.1.1.19.1.53.42 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.72 Summary decision. | DOL | (a) Motion for summary decision or partial summary decision. A party may move for summary decision, identifying each claim or defense—or the part of each claim or defense—on which summary decision is sought. The judge shall grant summary decision if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to decision as a matter of law. The judge should state on the record the reasons for granting or denying the motion. (b) Time to file a motion. Unless the judge orders otherwise, a party may file a motion for summary decision at any time until 30 days before the date fixed for the formal hearing. (c) Procedures —(1) Supporting factual positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (i) Citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (ii) Showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact. (2) Objection that a fact is not supported by admissible evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. (3) Materials not cited. The judge need consider only the cited materials, but the judge may consider other materials in the record. (4) Affidavits or declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated. (d) When facts are unavailable to the nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essen… | ||||||
| 29:29:1.1.1.1.19.1.54.43 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.80 Prehearing statement. | DOL | (a) Time for filing. Unless the judge orders otherwise, at least 21 days before the hearing, each participating party must file a prehearing statement. (b) Required conference. Before filing a prehearing statement, the party must confer with all other parties in good faith to: (1) Stipulate to the facts to the fullest extent possible; and (2) Revise exhibit lists, eliminate duplicative exhibits, prepare joint exhibits, and attempt to resolve any objections to exhibits. (c) Contents. Unless ordered otherwise, the prehearing statement must state: (1) The party's name; (2) The issues of law to be determined with reference to the appropriate statute, regulation, or case law; (3) A precise statement of the relief sought; (4) The stipulated facts that require no proof; (5) The facts disputed by the parties; (6) A list of witnesses the party expects to call; (7) A list of the joint exhibits; (8) A list of the party's exhibits; (9) An estimate of the time required for the party to present its case-in-chief; and (10) Any additional information that may aid the parties' preparation for the hearing or the disposition of the proceeding, such as the need for specialized equipment at the hearing. (d) Joint prehearing statement. The judge may require the parties to file a joint prehearing statement rather than individual prehearing statements. (e) Signature. The prehearing statement must be in writing and signed. By signing, an attorney, representative, or party makes the certifications described in § 18.50(d). | ||||||
| 29:29:1.1.1.1.19.1.54.44 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.81 Formal hearing. | DOL | (a) Public. Hearings are open to the public. But, when authorized by law and only to the minimum extent necessary, the judge may order a hearing or any part of a hearing closed to the public, including anticipated witnesses. The order closing all or part of the hearing must state findings and explain why the reasons for closure outweigh the presumption of public access. The order and any objection must be part of the record. (b) Taking testimony. Unless a closure order is issued under paragraph (a) of this section, the witnesses' testimony must be taken in an open hearing. For good cause and with appropriate safeguards, the judge may permit testimony in an open hearing by contemporaneous transmission from a different location. (c) Party participation. For good cause and with appropriate safeguards, the judge may permit a party to participate in an open hearing by contemporaneous transmission from a different location. | ||||||
| 29:29:1.1.1.1.19.1.54.45 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.82 Exhibits. | DOL | (a) Identification. All exhibits offered in evidence must be marked with a designation identifying the party offering the exhibit and must be numbered and paginated as the judge orders. (b) Electronic data. By order the judge may prescribe the format for the submission of data that is in electronic form. (c) Exchange of exhibits. When written exhibits are offered in evidence, one copy must be furnished to the judge and to each of the parties at the hearing, unless copies were previously furnished with the list of proposed exhibits or the judge directs otherwise. If the judge does not fix a date for the exchange of exhibits, the parties must exchange copies of exhibits at the earliest practicable time before the hearing begins. (d) Authenticity. The authenticity of a document identified in a pre-hearing exhibit list is admitted unless a party files a written objection to authenticity at least 7 days before the hearing. The judge may permit a party to challenge a document's authenticity if the party establishes good cause for its failure to file a timely written objection. (e) Substitution of copies for original exhibits. The judge may permit a party to withdraw original documents offered in evidence and substitute accurate copies of the originals. (f) Designation of parts of documents. When only a portion of a document contains relevant matter, the offering party must exclude the irrelevant parts to the greatest extent practicable. (g) Records in other proceedings. Portions of the record of other administrative proceedings, civil actions or criminal prosecutions may be received in evidence, when the offering party shows the copies are accurate. | ||||||
| 29:29:1.1.1.1.19.1.54.46 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.83 Stipulations. | DOL | (a) The parties may stipulate to any facts in writing at any stage of the proceeding or orally on the record at a deposition or at a hearing. These stipulations bind the parties unless the judge disapproves them. (b) Every stipulation that requests or requires a judge's action must be written and signed by all affected parties or their representatives. Any stipulation to extend time must state the reason for the date change. (c) A proposed form of order may be submitted with the stipulation; it may consist of an endorsement on the stipulation of the words, “Pursuant to stipulation, it is so ordered,” with spaces designated for the date and the signature of the judge. | ||||||
| 29:29:1.1.1.1.19.1.54.47 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.84 Official notice. | DOL | On motion of a party or on the judge's own, official notice may be taken of any adjudicative fact or other matter subject to judicial notice. The parties must be given an adequate opportunity to show the contrary of the matter noticed. | ||||||
| 29:29:1.1.1.1.19.1.54.48 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.85 Privileged, sensitive, or classified material. | DOL | (a) Exclusion. On motion of any interested person or the judge's own, the judge may limit the introduction of material into the record or issue orders to protect against undue disclosure of privileged communications, or sensitive or classified matters. The judge may admit into the record a summary or extract that omits the privileged, sensitive or classified material. (b) Sealing the record. (1) On motion of any interested person or the judge's own, the judge may order any material that is in the record to be sealed from public access. The motion must propose the fewest redactions possible that will protect the interest offered as the basis for the motion. A redacted copy or summary of any material sealed must be made part of the public record unless the necessary redactions would be so extensive that the public version would be meaningless, or making even a redacted version or summary available would defeat the reason the original is sealed. (2) An order that seals material must state findings and explain why the reasons to seal adjudicatory records outweigh the presumption of public access. Sealed materials must be placed in a clearly marked, separate part of the record. Notwithstanding the judge's order, all parts of the record remain subject to statutes and regulations pertaining to public access to agency records. | ||||||
| 29:29:1.1.1.1.19.1.54.49 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.86 Hearing room conduct. | DOL | Participants must conduct themselves in an orderly manner. The consumption of food or beverage, and rearranging courtroom furniture are prohibited, unless specifically authorized by the judge. Electronic devices must be silenced and must not disrupt the proceedings. Parties, witnesses and spectators are prohibited from using video or audio recording devices to record hearings. | ||||||
| 29:29:1.1.1.1.19.1.54.50 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.87 Standards of conduct. | DOL | (a) In general. All persons appearing in proceedings must act with integrity and in an ethical manner. (b) Exclusion for misconduct. During the course of a proceeding, the judge may exclude any person—including a party or a party's attorney or non-attorney representative—for contumacious conduct such as refusal to comply with directions, continued use of dilatory tactics, refusal to adhere to reasonable standards of orderly or ethical conduct, failure to act in good faith, or violation of the prohibition against ex parte communications. The judge must state the basis for the exclusion. (c) Review of representative's exclusion. Any representative excluded from a proceeding may appeal to the Chief Judge for reinstatement within 7 days of the exclusion. The exclusion order is reviewed for abuse of discretion. The proceeding from which the representative was excluded will not be delayed or suspended pending review by the Chief Judge, except for a reasonable delay to enable the party to obtain another representative. | ||||||
| 29:29:1.1.1.1.19.1.54.51 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.88 Transcript of proceedings. | DOL | (a) Hearing transcript. All hearings must be recorded and transcribed. The parties and the public may obtain copies of the transcript from the official reporter at rates not to exceed the applicable rates fixed by the contract with the reporter. (b) Corrections to the transcript. A party may file a motion to correct the official transcript. Motions for correction must be filed within 14 days of the receipt of the transcript unless the judge permits additional time. The judge may grant the motion in whole or part if the corrections involve substantive errors. At any time before issuing a decision and upon notice to the parties, the judge may correct errors in the transcript. | ||||||
| 29:29:1.1.1.1.19.1.55.52 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.90 Closing the record; subsequent motions. | DOL | (a) In general. The record of a hearing closes when the hearing concludes, unless the judge directs otherwise. If any party waives a hearing, the record closes on the date the judge sets for the filing of the parties' submissions. (b) Motion to reopen the record. (1) A motion to reopen the record must be made promptly after the additional evidence is discovered. No additional evidence may be admitted unless the offering party shows that new and material evidence has become available that could not have been discovered with reasonable diligence before the record closed. Each new item must be designated as an exhibit under § 18.82(a) and accompanied by proof that copies have been served on all parties. (2) If the record is reopened, the other parties must have an opportunity to offer responsive evidence, and a new evidentiary hearing may be set. (c) Motions after the decision. After the decision and order is issued, the judge retains jurisdiction to dispose of appropriate motions, such as a motion to award attorney's fees and expenses, a motion to correct the transcript, or a motion for reconsideration. | ||||||
| 29:29:1.1.1.1.19.1.55.53 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.91 Post-hearing brief. | DOL | The judge may grant a party time to file a post-hearing brief with proposed findings of fact, conclusions of law, and the specific relief sought. The brief must refer to all portions of the record and authorities relied upon in support of each assertion. | ||||||
| 29:29:1.1.1.1.19.1.55.54 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.92 Decision and order. | DOL | At the conclusion of the proceeding, the judge must issue a written decision and order. | ||||||
| 29:29:1.1.1.1.19.1.55.55 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.93 Motion for reconsideration. | DOL | A motion for reconsideration of a decision and order must be filed no later than 10 days after service of the decision on the moving party. | ||||||
| 29:29:1.1.1.1.19.1.55.56 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.94 Indicative ruling on a motion for relief that is barred by a pending petition for review. | DOL | (a) Relief pending review. If a timely motion is made for relief that the judge lacks authority to grant because a petition for review has been docketed and is pending, the judge may: (1) Defer considering the motion; (2) Deny the motion; or (3) State either that the judge would grant the motion if the reviewing body remands for that purpose or that the motion raises a substantial issue. (b) Notice to reviewing body. The movant must promptly notify the clerk of the reviewing body if the judge states that he or she would grant the motion or that the motion raises a substantial issue. (c) Remand. The judge may decide the motion if the reviewing body remands for that purpose. | ||||||
| 29:29:1.1.1.1.19.1.55.57 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | A | Subpart A—General | § 18.95 Review of decision and review by the Secretary. | DOL | [85 FR 30617, May 20, 2020] | (a) Review. The statute or regulation that conferred hearing jurisdiction provides the procedure for review of a judge's decision. If the statute or regulation does not provide a procedure, the judge's decision becomes the Secretary's final administrative decision, except as provided in paragraph (b) of this section. (b) Finality. A decision of the Board of Alien Labor Certification Appeals (BALCA) shall constitute the Secretary's final administrative decision except in those cases over which the Secretary has, in accordance with this paragraph (b) and paragraph (c) of this section, assumed jurisdiction: (1) In any case for which administrative review is sought or handled in accordance with 20 CFR 655.171(a) or 20 CFR 655.461, at any point from when the BALCA receives a request for review until the passage of 10 business days after the date on which BALCA has issued its decision. (2) In any case for which a de novo hearing is sought or handled under 20 CFR 655.171(b), at any point within 15 business days after the date on which the BALCA has issued its decision. (3) In any case for which review is sought or handled in accordance with 20 CFR 656.26 and 20 CFR 656.27, at any point from when the BALCA receives a request for review until the passage of 30 business days after the BALCA has issued its decision. (c) Review by the Secretary —(1) Transmission of information. (i) Whenever the BALCA receives a request for review, it shall immediately transmit a copy of such request to the Deputy Secretary. (ii) Within 3 business days of when the BALCA issues a decision, the Chair of the BALCA, or his or her designee, shall transmit to the Deputy Secretary a copy of the decision and a concise recommendation as to whether the decision involves an issue or issues of such exceptional importance that review by the Secretary is warranted. (2) Review. (i) The Secretary may, at any point within the time periods provided for in paragraph (b) of this section, and in his or her sole discretion, assume jurisdiction to r… | |||||
| 29:29:1.1.1.1.19.2.56.1 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.101 Scope. | DOL | These rules govern formal adversarial adjudications of the United States Department of Labor conducted before a presiding officer. (a) Which are required by Act of Congress to be determined on the record after opportunity for an administrative agency hearing in accordance with the Administrative Procedure Act, 5 U.S.C. 554, 556 and 557, or (b) Which by United States Department of Labor regulation are conducted in conformance with the foregoing provisions, to the extent and with the exceptions stated in § 18.1101. Presiding officer, referred to in these rules as the judge, means an Administrative Law Judge, an agency head, or other officer who presides at the reception of evidence at a hearing in such an adjudication. | ||||||
| 29:29:1.1.1.1.19.2.56.2 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.102 Purpose and construction. | DOL | These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. | ||||||
| 29:29:1.1.1.1.19.2.56.3 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.103 Rulings on evidence. | DOL | (a) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or (2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the judge by offer or was apparent from the context within which questions were asked. A substantial right of the party is affected unless it is more probably true than not true that the error did not materially contribute to the decision or order of the judge. Properly objected to evidence admitted in error does not affect a substantial right if explicitly not relied upon by the judge in support of the decision or order. (b) Record of offer and ruling. The judge may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. The judge may direct the making of an offer in question and answer form. (c) Plain error. Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the judge. | ||||||
| 29:29:1.1.1.1.19.2.56.4 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.104 Preliminary questions. | DOL | (a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to the provisions of paragraph (b) of this section. In making such determination the judge is not bound by the rules of evidence except those with respect to privileges. (b) Relevance conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. (c) Weight and credibility. This rule does not limit the right of a party to introduce evidence relevant to weight or credibility. | ||||||
| 29:29:1.1.1.1.19.2.56.5 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.105 Limited admissibility. | DOL | When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope. | ||||||
| 29:29:1.1.1.1.19.2.56.6 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.106 Remainder of or related writings or recorded statements. | DOL | When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it. | ||||||
| 29:29:1.1.1.1.19.2.56.7 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.201 Official notice of adjudicative facts. | DOL | (a) Scope of rule. This rule governs only official notice of adjudicative facts. (b) Kinds of facts. An officially noticed fact must be one not subject to reasonable dispute in that it is either: (1) Generally known within the local area, (2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned, or (3) Derived from a not reasonably questioned scientific, medical or other technical process, technique, principle, or explanatory theory within the administrative agency's specialized field of knowledge. (c) When discretionary. A judge may take official notice, whether requested or not. (d) When mandatory. A judge shall take official notice if requested by a party and supplied with the necessary information. (e) Opportunity to be heard. A party is entitled, upon timely request, to an opportunity to be heard as to the propriety of taking official notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after official notice has been taken. (f) Time of taking notice. Official notice may be taken at any stage of the proceeding. (g) Effect of official notice. An officially noticed fact is accepted as conclusive. | ||||||
| 29:29:1.1.1.1.19.2.57.8 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.301 Presumptions in general. | DOL | Except as otherwise provided by Act of Congress, or by rules or regulations prescribed by the administrative agency pursuant to statutory authority, or pursuant to executive order, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. | ||||||
| 29:29:1.1.1.1.19.2.57.9 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.302 Applicability of state law. | DOL | The effect of a presumption respecting a fact which is an element of a claim or defense as to which State law supplies the rule of decision is determined in accordance with State law. | ||||||
| 29:29:1.1.1.1.19.2.58.10 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.401 Definition of | DOL | Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. | ||||||
| 29:29:1.1.1.1.19.2.58.11 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.402 Relevant evidence generally admissible; irrelevant evidence inadmissible. | DOL | All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, pursuant to executive order, by these rules, or by other rules or regulations prescribed by the administrative agency pursuant to statutory authority. Evidence which is not relevant is not admissible. | ||||||
| 29:29:1.1.1.1.19.2.58.12 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.403 Exclusion of relevant evidence on grounds of confusion or waste of time. | DOL | Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of confusion of issues, or misleading the judge as trier of fact, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. | ||||||
| 29:29:1.1.1.1.19.2.58.13 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.404 Character evidence not admissible to prove conduct; exceptions; other crimes. | DOL | (a) Character evidence generally. Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except evidence of the character of a witness, as provided in §§ 18.607, 18.608, and 18.609. (b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. | ||||||
| 29:29:1.1.1.1.19.2.58.14 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.405 Methods of proving character. | DOL | (a) Reputation of opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. (b) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a claim or defense, proof may also be made of specific instances of that person's conduct. | ||||||
| 29:29:1.1.1.1.19.2.58.15 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.406 Habit; routine practice. | DOL | Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. | ||||||
| 29:29:1.1.1.1.19.2.58.16 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.407 Subsequent remedial measures. | DOL | When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment. | ||||||
| 29:29:1.1.1.1.19.2.58.17 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.408 Compromise and offers to compromise. | DOL | Evidence of furnishing or offering or promising to furnish, or of accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, or negativing a contention of undue delay. | ||||||
| 29:29:1.1.1.1.19.2.58.18 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.409 Payment of medical and similar expenses. | DOL | Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury. | ||||||
| 29:29:1.1.1.1.19.2.58.19 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.410 Inadmissibility of pleas, plea discussion, and related statements. | DOL | Except as otherwise provided in this rule, evidence of the following is not admissible against the defendant who made the plea or was a participant in the plea discussions: (a) A plea of guilty which was later withdrawn; (b) A plea of nolo contendere; (c) Any statement made in the course of any proceedings under Rule 11 of the Federal Rules of Criminal Procedure or comparable state procedure regarding either of the foregoing pleas; or (d) Any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn. However, such a statement is admissible in any proceeding wherein another statement made in the course of the same plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it. | ||||||
| 29:29:1.1.1.1.19.2.58.20 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.411 Liability insurance. | DOL | Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness. | ||||||
| 29:29:1.1.1.1.19.2.59.21 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.501 General rule. | DOL | Except as otherwise required by the Constitution of the United States, or provided by Act of Congress, or by rules or regulations prescribed by the administrative agency pursuant to statutory authority, or pursuant to executive order, the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience. However with respect to an element of a claim or defense as to which State law supplies the rule of decision, the privilege of a witness, person, government, State, or political subdivision thereof shall be determined in accordance with State law. | ||||||
| 29:29:1.1.1.1.19.2.60.22 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.601 General rule of competency. | DOL | Every person is competent to be a witness except as otherwise provided in these rules. However with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall be determined in accordance with State law. | ||||||
| 29:29:1.1.1.1.19.2.60.23 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.602 Lack of personal knowledge. | DOL | A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of § 18.703, relating to opinion testimony by expert witnesses. | ||||||
| 29:29:1.1.1.1.19.2.60.24 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.603 Oath or affirmation. | DOL | Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so. | ||||||
| 29:29:1.1.1.1.19.2.60.25 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.604 Interpreters. | DOL | An interpreter is subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation to make a true translation. | ||||||
| 29:29:1.1.1.1.19.2.60.26 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.605 Competency of judge as witness. | DOL | The judge presiding at the hearing may not testify in that hearing as a witness. No objection need be made in order to preserve the point. | ||||||
| 29:29:1.1.1.1.19.2.60.27 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.606 [Reserved] | DOL | |||||||
| 29:29:1.1.1.1.19.2.60.28 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.607 Who may impeach. | DOL | The credibility of a witness may be attacked by any party, including the party calling the witness. | ||||||
| 29:29:1.1.1.1.19.2.60.29 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.608 Evidence of character and conduct of witness. | DOL | (a) Opinion and reputation evidence of character. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) The evidence may refer only to character for truthfulness or untruthfulness, and (2) Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise. (b) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' credibility, other than conviction of crime as provided in § 18.609, may not be proved by extrinsic evidence. They may, however, in the discretion of the judge, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness, concerning the witness' character for truthfulness or untruthfulness, or concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. The giving of testimony by any witness does not operate as a waiver of the witness' privilege against self-incrimination when examined with respect to matters which relate only to credibility. | ||||||
| 29:29:1.1.1.1.19.2.60.30 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.609 Impeachment by evidence of conviction of crime. | DOL | [55 FR 13219, Apr. 9, 1990; 55 FR 14033, Apr. 13, 1990] | (a) General rule. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, or involved dishonesty or false statement, regardless of the punishment. (b) Time limit. Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date. (c) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a conviction is not admissible under this rule if: (1) The conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year, or (2) The conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. (d) Juvenile adjudications. Evidence of juvenile adjudications is not admissible under this rule. (e) Pendency of appeal. The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible. | |||||
| 29:29:1.1.1.1.19.2.60.31 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.610 Religious beliefs or opinions. | DOL | Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced. | ||||||
| 29:29:1.1.1.1.19.2.60.32 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.611 Mode and order of interrogation and presentation. | DOL | (a) Control by judge. The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to: (1) Make the interrogation and presentation effective for the ascertainment of the truth, (2) Avoid needless consumption of time, and (3) Protect witnesses from harassment or undue embarrassment. (b) Scope of cross-examination. Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The judge may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination. (c) Leading questions. Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. | ||||||
| 29:29:1.1.1.1.19.2.60.33 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.612 Writing used to refresh memory. | DOL | If a witness uses a writing to refresh memory for the purpose of testifying, either while testifying, or before testifying if the judge in the judge's discretion determines it is necessary in the interest of justice, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If it is claimed that the writing contains matters not related to the subject matter of the testimony the judge shall examine the writing in camera, excise any portion not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available in the event of review. If a writing is not produced or delivered pursuant to order under this rule, the judge shall make any order justice requires. | ||||||
| 29:29:1.1.1.1.19.2.60.34 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.613 Prior statements of witnesses. | DOL | (a) Examining witness concerning prior statement. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel. (b) Extrinsic evidence of prior inconsistent statement of witness. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in § 18.801(d)(2). | ||||||
| 29:29:1.1.1.1.19.2.60.35 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.614 Calling and interrogation of witnesses by judge. | DOL | (a) Calling by the judge. The judge may, on the judge's own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called. (b) Interrogation by the judge. The judge may interrogate witnesses, whether called by the judge or by a party. (c) Objections. Objections to the calling of witnesses by the judge or to interrogation by the judge must be timely. | ||||||
| 29:29:1.1.1.1.19.2.60.36 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.615 Exclusion of witnesses. | DOL | At the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and the judge may make the order of the judge's own motion. This rule does not authorize exclusion of a party who is a natural person, or an officer or employee of a party which is not a natural person designated as its representative by its attorney, or a person whose presence is shown by a party to be essential to the presentation of the party's cause. | ||||||
| 29:29:1.1.1.1.19.2.61.37 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.701 Opinion testimony by lay witnesses. | DOL | If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are rationally based on the perception of the witness and helpful to a clear understanding of the witness' testimony or the determination of a fact in issue. | ||||||
| 29:29:1.1.1.1.19.2.61.38 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.702 Testimony by experts. | DOL | If scientific, technical, or other specialized knowledge will assist the judge as trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. | ||||||
| 29:29:1.1.1.1.19.2.61.39 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.703 Bases of opinion testimony by experts. | DOL | The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. | ||||||
| 29:29:1.1.1.1.19.2.61.40 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.704 Opinion on ultimate issue. | DOL | Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the judge as trier of fact. | ||||||
| 29:29:1.1.1.1.19.2.61.41 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.705 Disclosure of facts or data underlying expert opinion. | DOL | The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination. | ||||||
| 29:29:1.1.1.1.19.2.61.42 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.706 Judge appointed experts. | DOL | (a) Appointment. The judge may on the judge's own motion or on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The judge may appoint any expert witnesses agreed upon by the parties, and may appoint expert witnesses of the judge's own selection. An expert witness shall not be appointed by the judge unless the witness consents to act. A witness so appointed shall be informed of the witness' duties by the judge in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have an opportunity to participate. A witness so appointed shall advise the parties of the witness' findings, if any; the witness' deposition may be taken by any party; and the witness may be called to testify by the judge or any party. The witness shall be subject to cross-examination by each party, including a party calling the witness. (b) Compensation. Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the judge may allow. The compensation thus fixed is payable from funds which may be provided by law in hearings involving just compensation under the fifth amendment. In other hearings the compensation shall be paid by the parties in such proportion and at such time as the judge directs, and thereafter charged in like manner as other costs. (c) Parties' experts of own selection. Nothing in this rule limits the parties in calling expert witnesses of their own selection. | ||||||
| 29:29:1.1.1.1.19.2.62.43 | 29 | Labor | 18 | PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES | B | Subpart B—Rules of Evidence | § 18.801 Definitions. | DOL | (a) Statement. A statement is (1) an oral or written assertion, or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. (b) Declarant. A declarant is a person who makes a statement. (c) Hearsay. Hearsay is a statement, other than one made by the declarant while testifying at the hearing, offered in evidence to prove the truth of the matter asserted. (d) Statements which are not hearsay. A statement is not hearsay if: (1) Prior statement by witness. The declarant testifies at the hearing and is subject to cross-examination concerning the statement, and the statement is— (i) Inconsistent with the declarant's testimony, or (ii) Consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (iii) One of identification of a person made after perceiving the person; or (2) Admission by party-opponent. The statement is offered against a party and is— (i) The party's own statement in either an individual or a representative capacity, or (ii) A statement of which the party has manifested an adoption or belief in its truth, or (iii) A statement by a person authorized by the party to make a statement concerning the subject, or (iv) A statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (v) A statement by a co-conspirator of a party during the course and in furtherance of the conspiracy. |
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section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);