Subpart C
Under 1983.115, the Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) on review has the authority to waive a rule or issue orders in special circumstances or for good cause. This authority applies when an application is made and all parties receive at least three days' notice. See also the broader 1983 part for context.
Under 1983.115, the ALJ or the ARB may waive a rule only after an application is filed and all parties have been given at least three days' notice of the request. The three-day notice requirement gives parties time to respond before a waiver or order is entered.
Under 1983.115, 'special circumstances' or 'good cause' are flexible standards that allow an ALJ or the ARB to waive rules when strict application would frustrate justice or proper administration of the CPSIA retaliation complaint process. Examples include unforeseen logistical issues, procedural conflicts that impede fair hearing, or situations where rigid application would cause substantial prejudice. For specifics about any particular situation, the ALJ or ARB will weigh the facts presented in the application and any party responses.
Under 1983.115, the ARB on review may grant a waiver or issue appropriate orders when special circumstances or good cause exist, provided the parties receive the required notice. This means the ARB can act during review to modify procedural requirements if justice or proper administration requires it.
Under 1983.115, an ALJ or the ARB may waive any rule or issue orders as justice requires, which allows for partial or limited waivers tailored to the circumstances. The decision will depend on the application and whether partial relief serves fairness and efficient case administration.
Under 1983.115, parties must be given at least three days' notice of an application for waiver, which provides an opportunity to object. A party should file any opposition within that period or as directed by the ALJ/ARB so the decision-maker can consider the objections before ruling.
Under 1983.115, the waiver authority is focused on procedural rules and the issuance of orders necessary for justice or administration; it does not change substantive statutory rights under the CPSIA. Waivers are used to adapt procedures, not to alter the underlying law governing claims and defenses.
Under 1983.115, the rule specifies only that parties receive three days' notice before a waiver or order is issued; it does not impose a strict deadline for the ALJ or ARB to rule. The decision-maker should act as promptly as the circumstances require while allowing parties time to respond to the notice.
Under 1983.115, an ALJ or the ARB may waive rules in special circumstances or for good cause, but the regulation requires three days' notice to all parties before granting a waiver. If truly exigent circumstances exist, a party should make a specific request explaining the emergency to the ALJ or ARB; the authority to shorten notice would depend on whether the decision-maker finds good cause under the provision.
Under 1983.115, an application should explain the specific rule to be waived, the special circumstances or good cause justifying the waiver, the relief requested (full or partial waiver), the proposed notice to other parties, and any steps to prevent prejudice. Clear factual support and proposals to protect fairness will help the ALJ or ARB evaluate the request.
Under 1983.115, a party dissatisfied with a waiver granted by an ALJ may raise the issue on review to the ARB, which itself has authority to grant or rescind waivers; appellate remedies will follow the normal review path specified in the broader 1983 procedures. The party should preserve objections in the record for review.
Under 1983.115, an ALJ or the ARB may issue orders as an alternative or complement to waiving a rule when justice or administration requires it; such orders could direct scheduling changes, alternative procedures, or protective measures to ensure a fair and efficient process. The nature of the order will match the needs shown in the application and the responses from other parties.
Under 1983.115, the protective three-day period is tied to providing notice to all parties; in practice, the ALJ or ARB should ensure parties actually receive notice and allow three full days before issuing a waiver or order. Applicants should clearly document service to confirm the notice period runs from receipt.
Under 1983.115, waivers and orders issued by an ALJ or the ARB will be part of the proceeding's record and therefore subject to the normal public filing and disclosure rules for these administrative proceedings unless otherwise sealed or restricted. Consult the procedural rules in 1983 for details on filings and public records.
Under 1983.115, parties can propose agreements to alter procedures, but an ALJ or the ARB must formally waive any rule or issue an order to make the change effective in the proceeding; informal agreements between parties do not by themselves change the court's rules unless the ALJ/ARB approves them.