Subpart C
The administrative law judge or the Board on review may grant a waiver of the rules in this part when an application is made. See 1981.114 which states that the administrative law judge or the Board on review may, upon application, waive any rule or issue orders as justice or administration requires.
An applicant must submit an application and ensure that at least three days notice is given to all parties before a waiver may be granted. The regulation requires that the judge or the Board act "upon application, after three days notice to all parties." See 1981.114.
You may ask for a waiver when there are special circumstances not contemplated by this part or when you can show good cause. The rule explicitly allows waivers for "special circumstances not contemplated by the provisions of this part, or for good cause shown." See 1981.114.
No—1981.114 authorizes waiving rules of the part or issuing orders needed for justice or administration of the Act, not overriding the statute itself. The text authorizes waivers when "justice or the administration of the Act requires," which means the waiver power is to adapt procedural rules in the part, not to contravene the underlying Act. See 1981.114.
All parties to the proceeding must receive notice at least three days before a waiver is granted. The regulation requires "three days notice to all parties" in conjunction with an application for waiver. See 1981.114.
The regulation requires an application but does not specify written versus oral form; it simply states waivers may be granted "upon application." Because the text uses the word "application," parties generally should expect to submit a formal request and should check applicable procedural rules for the forum. See 1981.114.
Yes—the statute gives both the administrative law judge and the Board on review authority to grant waivers upon application. That means the Board on review may consider waiver requests in its review role just as an administrative law judge may do so in first-instance proceedings. See 1981.114.
You should state the specific rule you want waived and explain the special circumstances or good cause that support it because the authority is to "waive any rule or issue any orders that justice or the administration of the Act requires." Be concise about which rule and why a waiver is necessary to achieve justice or effective administration. See 1981.114.
1981.114 requires "after three days notice to all parties," so the practical effect is that all parties must have three days' notice before the judge or Board takes action on the application. Ensure the notice is provided in a way that all parties actually receive it with time to consider it. See 1981.114.
Yes—1981.114 permits waiving rules or issuing orders as "justice or the administration of the Act requires," which can include procedural matters such as deadlines or scheduling when special circumstances or good cause are shown. The text authorizes the administrative law judge or Board to waive rules upon application and notice. See 1981.114.
The regulation requires that waivers be granted when "justice or the administration of the Act requires," but it does not prescribe the form of the judge's or Board's explanation. Because the authority rests on the recordable standard of justice or administration, a clear explanation is customary and helps preserve the record; however, the text itself only requires application and notice. See 1981.114.
Yes—because the regulation requires "three days notice to all parties," those parties are entitled to be informed and thus have the opportunity to oppose or respond to the application before the judge or Board acts. The text provides notice to all parties as a built-in opportunity for response. See 1981.114.
It means a party may seek relief when a situation arises that the written rules of this part did not anticipate and strict application would be unfair or impracticable. The regulation explicitly allows waivers in "special circumstances not contemplated by the provisions of this part, or for good cause shown," giving the judge or Board discretion to adapt procedures. See 1981.114.
No—1981.114 authorizes waivers and orders in specific cases to serve justice or the administration of the Act, not to replace or amend the part's permanent rules. The provision allows individual discretionary relief "in special circumstances" or for "good cause shown," which is case-specific rather than a general rulemaking power. See 1981.114 and the Part 1981 overview for context.