Waiver of rules in special cases

Under 1984.115, the Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) on review may grant a waiver or issue special orders. 1984.115 explicitly gives that authority to the ALJ or the ARB when an application is made.

Under 1984.115, a waiver can be granted in special circumstances not contemplated by the rules of the part or when good cause is shown. 1984.115 sets that standard for granting a waiver.

Under 1984.115, any rule of the part may be waived by the ALJ or ARB upon application and proper notice. The regulation says they may "waive any rule" or issue orders as justice or the administration of section 18C requires, so procedural or evidentiary rules of this part are within the scope. 1984.115

Under 1984.115, three days' notice to all parties is required before the ALJ or ARB may issue a waiver or special order. The regulation states the waiver may be granted "upon application, after three-days notice to all parties." 1984.115

Under 1984.115, an application must be filed asking the ALJ or ARB to waive a rule—typically a party to the proceeding files that application. The regulation provides that waivers are granted "upon application," which in practice means a party to the case should submit the request and give the required notice to the other parties. 1984.115

Under 1984.115, you must show special circumstances not contemplated by the part or demonstrate good cause. The regulation authorizes waivers when those conditions exist and when justice or administration of section 18C requires relief. 1984.115

Under 1984.115, yes—the ALJ or ARB may waive procedural rules, including filing deadlines, if the application and notice meet the section's requirements and justice or administration of section 18C requires the change. The regulation plainly authorizes waiving "any rule" of the part. 1984.115

Under 1984.115, parties should provide at least three days' notice to all other parties when filing an application for waiver so the ALJ or ARB can act after that notice period. The regulation requires waiver actions to occur "after three-days notice to all parties," so you should file the application and contemporaneously notify all parties, allowing the three-day window. 1984.115

Under 1984.115, the regulation requires three-days notice, so an emergency that prevents that notice should be described as part of the application and argued as special circumstances or good cause. The ALJ or ARB has discretion to consider such arguments when deciding whether justice or the administration of section 18C requires different handling. 1984.115

Under 1984.115, yes—the ARB on review may grant a waiver upon application and after three-days notice to all parties. The text explicitly authorizes the ALJ or the ARB on review to act. 1984.115

Under 1984.115, waivers and orders must be those that "justice or the administration of section 18C of the FLSA requires," so the authority is framed to further administration of section 18C rather than to override it. Orders are therefore meant to facilitate justice and administration under that statutory scheme. 1984.115

Under 1984.115, a party objecting to a proposed waiver should present its objections during the three-day notice period because the regulation requires notice to all parties before action. The ALJ or ARB will consider the application and any timely objections when deciding whether justice or administration requires the waiver. 1984.115

Under 1984.115, the waiver authority applies to the procedures for handling retaliation complaints under section 1558 of the Affordable Care Act as set out in Part 1984. The provision is part of Part 1984's procedural rules and is intended to be used within that framework. See Part 1984 and 1984.115.

Under 1984.115, the ALJ or ARB has discretion to issue orders that justice requires, which can include remedial or clarifying orders; whether a specific waiver operates retroactively depends on what the ALJ or ARB orders in the exercise of that discretion. The regulation authorizes waiving rules or issuing orders as justice or the administration of section 18C requires. 1984.115