Administrative hearing procedures

Proceedings are conducted under the Office of Administrative Law Judges' rules of practice and procedure codified at subpart A of part 18, except where this part provides otherwise. See 1980.107(a).

• This means you should follow the ALJ rules in part 18 for filing, service, motions, and other procedural matters unless this part (part 1980) says something different.
• If you need the formal procedures, consult 1980.107(a) and the referenced subpart A of part 18.

The Chief Administrative Law Judge assigns the case promptly, and the assigned ALJ will notify the parties of the day, time, and place of the hearing. See 1980.107(b).

• Expect a formal notice from the ALJ with hearing logistics once the case is assigned.
• If you do not receive notice within a reasonable time after requesting a hearing, follow up with OSHA or the Office of the Chief ALJ.

The hearing must commence expeditiously, unless there is a showing of good cause or the parties agree to a different schedule. See 1980.107(b).

• "Expeditiously" means the ALJ should schedule the hearing without unnecessary delay.
• Delays are allowed only for good cause (e.g., illness, scheduling conflicts) or by mutual agreement of the parties.

A de novo hearing 'on the record' means the ALJ reconsiders the matter anew using the hearing transcript and exhibits as the official record. See 1980.107(b).

• The ALJ does not merely review the prior decision; they hold a fresh hearing and make findings based on the evidence presented there.
• The official decision is based on the hearing record (transcript, exhibits, and admitted testimony).

Yes. ALJs have broad discretion to limit discovery to expedite the hearing. See 1980.107(b).

• Limits can include shortening discovery timelines, limiting the number or length of depositions, or narrowing the scope of discovery requests.
• If you believe a proposed discovery limit will unfairly prevent you from presenting critical evidence, raise the issue with the ALJ and explain why additional discovery is necessary.

If both the complainant and respondent object, their objections are consolidated and a single hearing will be conducted. See 1980.107(c).

• Consolidation avoids duplicate hearings and ensures the ALJ resolves both parties' objections together.
• Be prepared to address all consolidated issues at the same hearing.

No. Formal rules of evidence do not apply; instead, the ALJ will apply rules or principles intended to produce the most probative evidence. See 1980.107(d).

• The ALJ may admit evidence that would be excluded under strict courtroom rules if it is probative and reliable.
• The ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious.

Yes, the ALJ can exclude evidence—including hearsay—if it is immaterial, irrelevant, or unduly repetitious, even though formal evidence rules do not strictly apply. See 1980.107(d).

• Hearsay may be admitted if it is probative and reliable, but the ALJ may exclude it if it lacks probative value or would be overly repetitive.
• If you plan to rely on hearsay, be prepared to explain its reliability and why it is important to the ALJ.

Yes. Parties can agree to a different schedule and thereby delay the hearing, subject to the ALJ's scheduling and the requirement that hearings commence expeditiously absent good cause. See 1980.107(b).

• Any agreed scheduling changes should be submitted to the ALJ in writing so the hearing record reflects the agreement.
• Unilateral requests to delay must show good cause (e.g., unexpected emergency).

On the record means the hearing will produce an official transcript and admitted exhibits that form the basis for the ALJ's decision. See 1980.107(b).

• Keep copies of all exhibits you plan to introduce and ensure they are marked and entered into the record during the hearing.
• The official record is what is reviewed on appeal or in any further proceedings.

The ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious. See 1980.107(d).

• Immaterial: evidence that does not help resolve the issues in dispute.
• Irrelevant: evidence not logically connected to the case's issues.
• Unduly repetitious: multiple items that add nothing new and only prolong the hearing.

The assigned ALJ is responsible for notifying the parties of the hearing's day, time, and place after the Chief Administrative Law Judge assigns the case. See 1980.107(b).

• Expect a written notice from the ALJ with all hearing logistics.
• If you represent a party, ensure the ALJ has correct contact information to avoid missed notices.

If part 1980 provides a specific procedure, that provision controls instead of the general ALJ rules in subpart A of part 18. See 1980.107(a).

• In practice, follow the specific instructions in part 1980 where they exist, and use part 18 rules for matters not addressed in part 1980.
• When in doubt about which rule applies, raise the issue with the ALJ at the earliest opportunity.