Administrative hearing procedures

Proceedings are governed by the Office of Administrative Law Judges' rules of practice and procedure found in subpart A of part 18, except where this part provides otherwise. See 1983.107(a) for this rule.

• Practical tip: Check the ALJ rules in part 18 (subpart A) when you need details on motions, filings, or procedural deadlines because 1983.107(a) defers to those rules.

The Chief Administrative Law Judge will promptly assign the case to an ALJ, and that ALJ will notify the parties of the day, time, and place of the hearing. See 1983.107(b).

• Practical tip: Expect a written notice of hearing scheduling from the assigned ALJ; follow-up by contacting the ALJ's office if you do not receive timely notice.

A hearing must commence expeditiously unless there is a showing of good cause to delay or the parties agree to a different schedule. See 1983.107(b).

• Practical tip: If you need a delay, prepare to show specific reasons (e.g., illness, essential witness unavailability, or pending critical documents) to support good cause.

It means the ALJ will decide the case anew based on the hearing record, not simply rubber-stamp prior recommendations or findings. See 1983.107(b).

• Practical tip: Treat the hearing as a fresh opportunity to present witness testimony and documents because the ALJ will evaluate the evidence independently.

Yes; an ALJ has broad discretion to limit discovery to expedite the hearing. See 1983.107(b).

• Practical tip: If you need extensive discovery, file a focused motion explaining why the requested discovery is necessary and how you will avoid delaying the hearing.

If both parties object, their objections are consolidated and a single hearing will be conducted to decide the contested issues. See 1983.107(c).

• Practical tip: Consolidation avoids duplicate hearings and lets both sides present their cases together before one ALJ.

No; formal rules of evidence do not apply, but the ALJ will use rules or principles designed to assure production of the most probative evidence. See 1983.107(d).

• Practical tip: Prepare foundational information (chain of custody, witness competence) and focus on presenting clear, relevant evidence because admissibility is governed by probative value rather than strict formalities.

Yes; the ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious. See 1983.107(d).

• Practical tip: Avoid submitting duplicative documents or testimony and focus on evidence that directly supports your key facts to reduce the risk of exclusion.

Good cause is a case-specific showing that delay is necessary, such as sudden serious illness of a key witness, newly discovered critical evidence that requires short, targeted discovery, or unavoidable scheduling conflicts for essential participants. See 1983.107(b).

• Practical tip: When requesting a postponement, submit supporting documentation and explain how the delay will affect the fairness or completeness of the hearing.

Yes; the hearing schedule may be adjusted if the parties agree to a different date or timeline. See 1983.107(b).

• Practical tip: Put any scheduling agreement in writing and file it with the ALJ so the record reflects the agreed-upon change.

Procedural issues not covered by 1983.107 are decided according to the ALJ rules in subpart A of part 18 and by the ALJ assigned to the case. See 1983.107(a) and 1983.107(b).

• Practical tip: Familiarize yourself with the Office of Administrative Law Judges' procedures in part 18 when a question about filings, motions, or hearing conduct arises.

When an objection and request for hearing is filed, the Chief Administrative Law Judge assigns the case to an ALJ who then notifies the parties of the hearing details; the parties to the matter are the intended recipients of notice. See 1983.107(b).

• Practical tip: Make sure your current contact information is on file so you receive timely notice from the ALJ.

Present clear, directly relevant documents and live testimony that explain how the evidence supports your claims; avoid redundant materials and be prepared to authenticate key records. See 1983.107(d).

• Practical checklist:
  • Identify the single best document or witness for each point.
  • Prepare witness summaries and exhibit lists to streamline the record.
  • Be ready to explain relevance and authenticity succinctly.

Consolidation means both parties' objections are heard in a single hearing rather than in separate hearings, which reduces duplication and focuses the scheduling on one proceeding. See 1983.107(c).

• Practical tip: Consolidation can speed resolution but may require coordinating schedules of both parties and their witnesses for one hearing date.

Yes; because formal rules of evidence do not apply, properly authenticated written statements, photographs, and other informal evidence can be admitted if they are material and probative; the ALJ may exclude them if they are irrelevant or unduly repetitious. See 1983.107(d) and 1983.107(b).

• Practical tip: Be prepared to authenticate photos and explain who prepared written statements and how they relate to the facts at issue.

If the ALJ limits discovery, you may file a focused motion demonstrating why the requested discovery is necessary for a fair hearing and how it can be conducted without undue delay; the ALJ has broad discretion but must consider fairness. See 1983.107(b).

• Practical tip: Propose narrow, specific discovery requests and a short timetable to increase the chance the ALJ will allow them.

Immateral evidence is information that does not bear on any fact in dispute or on relief requested; avoid submitting background materials or unrelated documents that do not support a claim or defense. See 1983.107(d).

• Practical tip: Before filing exhibits, ask whether each item proves or disproves a fact you will argue; if not, leave it out to keep the record focused.