Subpart B
Under 1979.107(a) hearings are conducted in accordance with the rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges in subpart A of 29 CFR part 18. This means the general procedural framework and practices used by administrative law judges apply to these hearings; see 1979.107(a) and the broader 1979 part overview for context.
Under 1979.107(b) the Chief Administrative Law Judge will promptly assign the case to a judge who will notify the parties of the day, time, and place of hearing. The regulation requires prompt assignment and notice to the parties; see 1979.107(b).
Under 1979.107(b) the hearing is to commence expeditiously, except upon a showing of good cause or unless otherwise agreed to by the parties. The rule emphasizes timely resolution unless a valid reason to delay is shown or the parties mutually agree to a different schedule; see 1979.107(b).
Under 1979.107(b) an administrative law judge has broad discretion to limit discovery to expedite the hearing. This means the judge can restrict the scope, timing, or methods of discovery when necessary to keep the case moving efficiently; see 1979.107(b).
Under 1979.107(b) hearings are conducted as hearings de novo, on the record, which means the administrative law judge reviews the matter anew and does not simply defer to earlier investigatory findings. Parties should be prepared to present their full case and evidence at the hearing; see 1979.107(b).
Under 1979.107(c) if both the complainant and the named person object to the findings and/or order, their objections will be consolidated and a single hearing will be conducted. This consolidation avoids duplicate proceedings and ensures both parties' objections are decided together; see 1979.107(c).
Under 1979.107(d) formal rules of evidence do not apply, but rules or principles designed to assure production of the most probative evidence shall be applied. The judge may therefore admit evidence that helps establish the facts while excluding material that is unnecessary under standards of probative value; see 1979.107(d).
Under 1979.107(d) the administrative law judge may exclude evidence that is immaterial, irrelevant, or unduly repetitious. The judge uses this authority to keep the record focused on the most probative information; see 1979.107(d).
Under 1979.107(b) the administrative law judge assigned to the case will notify the parties of the day, time, and place of hearing. The regulation places responsibility for scheduling notice with the assigned judge once the Chief Administrative Law Judge assigns the case; see 1979.107(b).
Under 1979.107(b) hearings may be delayed or scheduled otherwise if the parties agree, subject to the assigned judge's procedures and any showing of good cause. The rule allows party agreement as a basis for a non-expedited schedule; see 1979.107(b).
Under 1979.107(b) the regulation states hearings will commence expeditiously except upon a showing of good cause, but it does not define what specific circumstances constitute 'good cause.' Parties should therefore be prepared to explain any requested delay to the assigned judge, referencing 1979.107(b).
Under 1979.107(d) parties should present evidence that is relevant and probative while avoiding immaterial or repetitious material, because formal rules of evidence do not apply but judges will apply principles to ensure the most probative evidence is produced. Focus on clear, direct proof of key facts and be prepared to explain why evidence is probative; see 1979.107(d).
Under 1979.107(b) and 1979.107(d) the administrative law judge has broad discretion to limit discovery and to exclude immaterial, irrelevant, or unduly repetitious evidence in order to expedite the hearing and produce the most probative record. Those provisions give the judge tools to keep proceedings focused and timely; see 1979.107(b) and 1979.107(d).
Under 1979.107(b) hearings are held 'on the record,' so an official record of testimony and submitted evidence will be created and used for the administrative law judge's decision. Parties should ensure key evidence and testimony are entered into the record during the hearing; see 1979.107(b).
Under 1979.107(d) a party should raise objections during the hearing and request exclusion of evidence that is immaterial, irrelevant, or unduly repetitious, because the administrative law judge is authorized to exclude such evidence. Make succinct, on-the-record objections explaining why the item lacks probative value; see 1979.107(d).