Administrative law judge decisions

Under 1955.22(a)(1), if no genuine issue of material fact is raised, the administrative law judge must issue an initial decision that becomes final 30 days after it is served on each party unless a party files written exceptions within those 30 days. See 1955.22(a)(1).

• The 30-day countdown for the decision to become final begins on the date of service of the initial decision.
• If a party files timely written exceptions within the 30 days, the decision does not automatically become final and the process in 1955.22(a)(2) applies.

Under 1955.22(a)(1), a party may request an extension of time to file exceptions, but the request must be received by the Secretary no later than 25 days after service of the decision. See 1955.22(a)(1).

• The rule allows extension requests only if filed by the 25th day after service (i.e., no later than five days before the 30-day finality date).
• If the extension request is granted, the Secretary will set the new deadline for filing exceptions.

Under 1955.22(a)(2), if any timely exceptions are filed, the Secretary may set a time for filing responses to those exceptions and requires that all exceptions and responses be served on all parties. See 1955.22(a)(2).

• The Secretary has discretion to establish deadlines for responses to exceptions.
• Service on all parties is required for both the exceptions and any responses, ensuring everyone has notice and an opportunity to respond.

Under 1955.22(b)(1), after considering the initial decision, the exceptions, any supporting briefs, and any responses, the Secretary shall issue a final decision. See 1955.22(b)(1).

• The Secretary's final decision follows review of the administrative record, exceptions, and any replies filed under 1955.22(a)(2).

Under 1955.22(b)(2)(i), an initial decision and a final decision must include findings of fact and conclusions of law and the reasons and bases for them on all issues presented. See 1955.22(b)(2)(i).

• This means the decision must explain both what facts were found and the legal conclusions drawn from those facts, along with the rationale for each.
• The statement of reasons and bases helps parties and the public understand how the decision was reached.

Under 1955.22(b)(2)(ii), an initial decision and a final decision must include a reference to any material fact that was established based on official notice. See 1955.22(b)(2)(ii).

• If the judge or Secretary takes official notice of a fact, the decision must explicitly identify that fact and note that it was based on official notice rather than on evidence presented at hearing.

Under 1955.22(b)(2)(iii), an initial decision and a final decision must state the terms and conditions of the rule or order that is being made. See 1955.22(b)(2)(iii).

• The decision must clearly describe what the employer or other respondent is required to do (or refrain from doing) as a result of the rule or order.

Under 1955.22(b), the Secretary's final decision must be published in the Federal Register and served on all the parties. See 1955.22(b).

• Publication in the Federal Register ensures public notice and the official record of the final decision.
• Service on all parties guarantees each party receives the Secretary's final ruling directly.

Under 1955.22(c), the administrative law judge must set the case for an evidentiary hearing when a genuine material question of fact is raised. See 1955.22(c).

• A "genuine material question of fact" means there is a factual dispute significant enough that it cannot be resolved without testimony, evidence, or cross-examination at a hearing.

Under 1955.22(c), yes—the administrative law judge may set the case for an evidentiary hearing in other cases even if a genuine material question of fact is not raised. See 1955.22(c).

• The rule gives the judge discretion to hold a hearing in situations where it is otherwise appropriate or helpful for deciding the case.

Under 1955.22(c), when an evidentiary hearing is set, a notice of the hearing must be published in the Federal Register at least 30 days prior to the hearing date. See 1955.22(c).

• The 30-day minimum ensures parties and the public have adequate time to prepare to attend or participate in the hearing.