Subpart C
The Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) on review may waive rules of this part. The text of 1980.115 explicitly authorizes the ALJ or the ARB to waive any rule or issue orders in special circumstances or for good cause shown, after three days' notice to all parties.
A waiver can be granted in special circumstances not contemplated by the part or for good cause shown. 1980.115 allows waivers where fairness or the proper administration of the Act requires relief beyond the written rules.
A party must apply to the ALJ or the ARB to request a waiver, providing three days' notice to all parties. The plain language of 1980.115 says waivers are granted "upon application" and "after three days notice to all parties," so you should file a written application and serve all other parties with notice.
Yes, the ALJ or the ARB may grant a waiver only after three days' notice to all parties. 1980.115 requires that notice period, so include proof of service when you file your application.
The rule requires an application and three days' notice but does not specify form, so you should submit a written application and serve written notice to ensure the requirement is met. Follow the procedural guidance in 1980.115 and include documentation of service.
Any rule in this part may be waived if justice or administration of the Act requires it. 1980.115 grants authority to waive rules broadly, which can include procedural deadlines, filing requirements, or other internal rules of this part, when justified.
No—waivers under this provision apply to the rules of this part, not to the underlying statutory obligations of the Act. 1980.115 lets the ALJ or ARB waive rules "that justice or the administration of the Act requires," but it does not authorize waiving the Act itself, so statutory rights and duties remain intact.
Yes, the ARB may waive rules on review. 1980.115 specifically authorizes the ARB "on review" to waive any rule or issue orders as justice requires, provided proper notice was given.
The rule does not explicitly state the required form of the waiver order, but the ALJ or ARB will typically issue a written order so the record is clear. Rely on 1980.115 for authority and request a written order if you obtain or oppose a waiver to preserve the record.
Yes, a party may oppose a waiver request and should use the three-day notice period to prepare and file an opposition with the ALJ or ARB. 1980.115 requires notice to all parties, which gives them the opportunity to respond—so promptly prepare a written objection and serve it on all parties.
An application should state the specific rule to be waived, the facts showing special circumstances or good cause, the relief requested, and proof of three days' notice to all parties. Although 1980.115 does not list required contents, including these elements helps the ALJ or ARB evaluate whether justice or administration of the Act requires the waiver.
Parties should file a certificate or affidavit of service showing the date, method, and recipients of the notice to establish compliance with the three-day requirement. 1980.115 requires three days' notice to all parties, so include proof of service when filing the waiver application.
The text contemplates waivers being granted "upon application," so you should expect the ALJ or ARB to act after an application is filed; the rule does not clearly authorize sua sponte waivers. See 1980.115 for the governing language and plan to submit an application to trigger consideration.
Yes, waivers can be used to extend or excuse procedural deadlines under this part when justice or the administration of the Act requires it. 1980.115 authorizes the ALJ or ARB to waive rules, which can include deadlines, provided an application is made and notice given.
Examples of special circumstances include unforeseen emergencies, excusable delays beyond a party's control, or compelling fairness considerations—demonstrated with evidence—though the rule does not list examples. Use 1980.115 as the authority and explain how the specific facts make strict application of a rule unjust or impractical.
A waiver may be ordered retroactively if the ALJ or ARB determines retroactive relief is necessary for justice or the administration of the Act, but the rule does not specify limits. Rely on 1980.115 and request explicit retroactive relief in your application if that is needed.
No, waivers are case-specific actions based on the particular facts and the court's view of justice in that matter; they do not automatically create binding precedent for unrelated cases. 1980.115 authorizes individualized relief by the ALJ or ARB.
A party should succinctly demonstrate specific facts showing why the rule's strict application would cause unfairness, prejudice, or impede administration of the Act and attach supporting evidence. Use 1980.115 as the legal basis and provide concrete facts and documentation to support the claim of good cause.
Yes, seek the waiver promptly when you know the issue and provide the required three days' notice before the ARB acts; the ARB's ability to grant waivers on review is expressly recognized. Cite 1980.115 and file your application early enough to allow the three-day notice period and any necessary responses.
Yes, the ALJ or ARB may waive evidentiary or procedural rules under this part if justice or the administration of the Act requires it. 1980.115 permits broad discretion to waive rules for fairness or effective administration, so include specific reasons and supporting facts in your application.