Subpart E
A party has 30 days from service of the administrative law judge's decision to file written exceptions. The regulation states this filing deadline explicitly in 1955.42(a).
Any party to the proceeding may file exceptions to the decision. This right is given to "any party" in 1955.42(a).
Written exceptions must refer to specific findings of fact, conclusions of law, or terms of the rule or order being excepted to and must suggest corrected findings, conclusions, or terms while referencing the specific transcript pages relevant to those suggestions. The requirement for this level of specificity is stated in 1955.42(a).
Exceptions should reference specific pages of the transcript that support the suggested corrections to findings, conclusions, or terms. The rule requires these transcript page references as part of the exceptions in 1955.42(a).
Yes — a party may request an extension, but the extension request must be received by the Secretary no later than 25 days after service of the decision. This timing requirement for extension requests is specified in 1955.42(a).
If timely exceptions are filed, the Secretary may set a deadline for filing responses to those exceptions. The Secretary's authority to set a response time is described in 1955.42(b).
All exceptions and any responses to them must be served on all parties to the proceeding. The service requirement for exceptions and responses is stated in 1955.42(b).
The 30‑day period is the maximum time a party has to file exceptions, while an extension request must be received earlier — no later than 25 days after service. In short, you can ask for more time, but that request must arrive by day 25; the underlying filing deadline remains 30 days as set forth in 1955.42(a).
Yes — exceptions must suggest corrected findings of fact, conclusions of law, or terms of the rule or order. The regulation requires that exceptions include suggested corrections along with references to relevant transcript pages in 1955.42(a).
Objections must be specific: they must point to particular findings, conclusions, or terms being challenged and must propose corrected language or findings with transcript page citations supporting each suggestion. This specificity requirement is set out in 1955.42(a).
Yes — the regulation mandates that all exceptions and responses be served on all parties. This requirement appears in 1955.42(b).
Yes — when timely exceptions are filed, the Secretary has the discretion to set a time for filing responses to those exceptions. The Secretary's ability to require responses is stated in 1955.42(b).
The regulation specifies only the timing requirement for extension requests — that they must be received by the Secretary no later than 25 days after service of the decision — and does not prescribe specific content for the request. The timing rule is in 1955.42(a).
The 30‑day filing period and the 25‑day extension request deadline both begin from the service of the administrative law judge's decision. The regulation anchors these time periods to service of the decision in 1955.42(a).
The regulation requires that exceptions and responses be served on all parties but does not prescribe specific methods of service or delivery in the text provided. The service requirement is described in 1955.42(b).