Hearings procedures

Hearings will follow the Office of Administrative Law Judges' rules of practice and procedure except where this part provides otherwise. See 1982.107(a).

• This means the general procedural rules in subpart A of part 18 of Title 29 apply unless the specific provisions of Part 1982 change them.
• If you need to check specific procedural steps (motions, prehearing conferences, briefs), consult both 1982.107(a) and the Part 1982 overview for context.

The Chief Administrative Law Judge will promptly assign the case to an ALJ after receipt of an objection and request for hearing. See 1982.107(b).

• The assigned ALJ is responsible for notifying parties of the hearing's day, time, and place.
• Start preparing immediately after filing an objection and request for hearing so you are ready when the ALJ sets the schedule.

The hearing must commence expeditiously, but it can be delayed for good cause or by agreement of the parties. See 1982.107(b).

• "Expeditiously" means the ALJ should set a prompt date, but reasonable requests for delay supported by good cause (e.g., witness availability, emergency) can justify rescheduling.
• If both parties agree to a different date, the ALJ may accept that agreement.

Yes — hearings are conducted de novo on the record, which means the ALJ will hear the case anew and make rulings based on the evidence presented during the hearing. See 1982.107(b).

• Practically, parties should be prepared to present all necessary testimony and exhibits at the hearing because prior agency findings are not automatically binding.
• Bring witnesses, documents, and legal arguments to the hearing because the ALJ's decision will rest on the hearing record.

Yes — the ALJ has broad discretion to limit discovery in order to expedite the hearing. See 1982.107(b).

• Limits can be set to prevent undue delay, reduce unnecessary costs, or keep the hearing focused on relevant issues.
• If you need extensive discovery, be prepared to show good cause to the ALJ explaining why the requested discovery is essential to present your case.

If both the complainant and the respondent object to the findings and/or order, their objections will be consolidated and a single hearing will be conducted. See 1982.107(c).

• Consolidation saves time by resolving all objections in one proceeding rather than holding separate hearings.
• Parties should coordinate preparation to avoid duplicative filings and to present distinct issues clearly at the consolidated hearing.

No — formal rules of evidence do not apply, but the ALJ will apply rules or principles designed to produce the most probative evidence and may exclude immaterial, irrelevant, or unduly repetitious evidence. See 1982.107(d).

• Expect a more flexible evidentiary environment than in court, but focus on evidence that is directly probative of your claims or defenses.
• The ALJ can still limit testimony or documents that do not help resolve the issues or that merely repeat other evidence.

An ALJ can exclude evidence that is immaterial, irrelevant, or unduly repetitious. See 1982.107(d).

• Immateral: evidence that does not bear on the facts or legal issues before the ALJ.
• Irrelevant: evidence that has no tendency to make any fact of consequence more or less probable.
• Unduly repetitious: multiple items that provide the same proof without adding value.

A party must file an objection and request for hearing to trigger assignment of an ALJ and notice of the hearing's day, time, and place. See 1982.107(b).

• File the objection and request according to the timelines and procedures in Part 1982 and related rules.
• After receipt, the Chief Administrative Law Judge will promptly assign the case and the ALJ will notify parties of scheduling details.

Yes — the hearing schedule may be changed if the parties agree to a different date, subject to the ALJ's approval; hearings also may be postponed for good cause. See 1982.107(b).

• If you and the opposing party agree on a schedule change, notify the ALJ promptly and request approval.
• If you need a delay without the other party's agreement, be prepared to show good cause to the ALJ.

Hearings are less formal than courtroom trials — formal rules of evidence do not apply, but you should still present organized, probative evidence and follow ALJ procedures. See 1982.107(a) and 1982.107(d).

• Prepare written exhibits, witness lists, and concise testimony; avoid repetitive or irrelevant material.
• Follow ALJ orders on prehearing filings, discovery limits, and evidentiary procedures to avoid exclusion of important items.

You should file a reasoned request with the ALJ explaining why the additional discovery is necessary and show good cause for why it couldn't be obtained earlier. See 1982.107(b).

• Be specific about the documents or witnesses you need and how they are relevant to your claims or defenses.
• If the ALJ denies the request, consider whether alternative methods (deposition summaries, stipulations, subpoena) can supply the needed information within the hearing schedule.

Consolidation occurs when both the complainant and the respondent object to the findings and/or order, in which case their objections will be consolidated and a single hearing conducted. See 1982.107(c).

• The rule is intended to efficiently resolve overlapping objections in one proceeding.
• If only one party objects, consolidation under 1982.107(c) does not apply; separate procedures will govern.

Focus on presenting the most probative, relevant, and non-repetitive evidence, because the ALJ will apply principles to secure the most probative evidence and may exclude immaterial or repetitious material. See 1982.107(d).

• Prioritize key documents and witness testimony that directly support your claims or defenses.
• Avoid submitting multiple items that establish the same fact without adding new information, since the ALJ may exclude duplicates.