Hearings procedures

The hearings are conducted under the Office of Administrative Law Judges' rules of practice in subpart A of part 18 unless this part says otherwise. See 1985.107(a) for this rule.

• This means administrative hearing procedures (notice, motions, filings, etc.) follow the OALJ subpart A procedures unless the part specifically provides a different rule.
• For the overall context of the part, consult the 1985 overview.

The Chief Administrative Law Judge assigns the case to an ALJ, and the ALJ must notify the parties of the day, time, and place of the hearing. This is required by 1985.107(b).

• The notice should state when and where the hearing will occur so both complainant and respondent can prepare.
• The hearing must then commence expeditiously unless there is good cause or the parties agree to a delay.

A hearing must begin expeditiously, but it can be delayed if there is good cause or if both parties agree to a different schedule. This is stated in 1985.107(b).

• "Expeditiously" means the ALJ should schedule and start the hearing without unnecessary delay.
• Acceptable delays include demonstrated good cause (for example, unavoidable scheduling conflicts or need for additional preparation) or a written agreement between the parties.

"De novo on the record" means the ALJ will hear the case anew and decide based on the evidence presented at the hearing record, rather than deferring to prior determinations. See 1985.107(b).

• The ALJ will consider testimony, documents, and other evidence introduced at the hearing when making findings and a decision.
• Prior administrative determinations do not bind the ALJ; the hearing is a fresh review on the formal record.

Yes, an ALJ has broad discretion to limit discovery to expedite the hearing. This is explicitly allowed under 1985.107(b).

• The ALJ may restrict the scope, timing, or methods of discovery to keep the hearing on schedule and focused on the most relevant issues.
• Limiting discovery is appropriate when it would speed resolution, prevent undue burden, or avoid unnecessary expense.

If both parties object, their objections will be consolidated and a single hearing will be conducted to resolve them. This consolidation rule appears in 1985.107(c).

• Consolidation means the ALJ will hear all related objections together in one proceeding rather than holding separate hearings.
• Consolidation promotes efficiency and avoids duplicative proceedings when both sides contest the same findings or orders.

No, formal rules of evidence do not apply; instead, the ALJ will use rules or principles designed to produce the most probative evidence. See 1985.107(d).

• The ALJ may admit evidence that would be excluded under strict courtroom rules if it helps establish the facts.
• The goal is to obtain the most relevant, reliable evidence rather than to adhere rigidly to formal evidentiary technicalities.

An ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious. This exclusion authority is stated in 1985.107(d).

• Immaterial: evidence that does not bear on any fact in dispute.
• Irrelevant: evidence not connected to the issues before the ALJ.
• Unduly repetitious: multiple items that add nothing new and would waste hearing time.
• The ALJ uses these limits to keep the hearing focused and fair.

A hearing is triggered when an objection and request for hearing is received, at which point the Chief Administrative Law Judge will assign the case to an ALJ. This is described in 1985.107(b).

• Either party that files a timely objection and requests a hearing starts the process.
• After assignment, the ALJ must notify the parties of the hearing date, time, and place.

If this part does not provide specific procedures, the detailed rules are in the Office of Administrative Law Judges' rules of practice and procedure in subpart A of part 18. See 1985.107(a) and the general 1985 page.

• Consult OALJ subpart A of 29 CFR part 18 for filing deadlines, motion practice, and other hearing procedures referenced by this rule.
• This part incorporates those procedures unless it provides a different rule.

The ALJ has broad discretion to manage discovery and other prehearing matters to expedite the hearing, including limiting discovery and setting timelines. This authority is in 1985.107(b).

• The ALJ can set deadlines, require or deny certain discovery requests, and shape the hearing schedule.
• This discretion is intended to keep proceedings efficient and focused on the key issues.