Waiver of rules in special cases

Either a party to the case may request a waiver, because 1985.115 says the Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) “may, upon application… waive any rule.”

• File the application with the ALJ or ARB handling the matter.
• Make sure the application includes the reasons showing special circumstances or good cause.

Cited authority: 1985.115.

You must file an application asking the ALJ or the ARB to waive a rule, and give all parties three days' notice of that application, because 1985.115 requires an application and three days' notice to all parties before a waiver may be granted.

• State the specific rule you want waived and explain the special circumstances or good cause.
• Serve the application on all parties and document that notice was provided at least three days before the ALJ/ARB acts.

Cited authority: 1985.115.

The ALJ or ARB considers whether there are special circumstances not contemplated by the rules or whether good cause is shown, because 1985.115 authorizes waivers for special circumstances or good cause.

• Explain how the requested waiver serves justice or the administration of the CFPA.
• Provide supporting facts or documents that show why the rule cannot be followed or why strict application would be unfair.

Cited authority: 1985.115.

You must give all parties at least three days' notice before a waiver can be issued, because 1985.115 requires three days' notice to all parties in advance of granting a waiver.

• Keep proof of service or other documentation that notice was provided at least three days before action by the ALJ/ARB.

Cited authority: 1985.115.

Yes — the ALJ or ARB may waive any rule if special circumstances or good cause are shown, because 1985.115 authorizes waiving “any rule.”

• This generally includes procedural rules such as filing deadlines, discovery schedules, and evidence procedures, but waivers should be narrowly tailored to the need shown.
• Explain how the waiver supports justice or the administration of the CFPA when requesting it.

Cited authority: 1985.115.

Parties may support or object to a waiver application, and they should file or present objections after receiving the required three days' notice, because 1985.115 requires notice to all parties before a waiver is issued.

• Use the ALJ's or ARB's filing procedures to submit written objections within the time allowed.
• Explain specific reasons why the waiver would prejudice the objecting party or why no special circumstances exist.

Cited authority: 1985.115.

No — the rule says the ALJ or ARB may waive rules “upon application,” so an application is required before they act, according to 1985.115.

• Parties should file a formal application requesting the specific waiver and explain the grounds.
• If administrative action is needed, file a motion or application so there is a clear record.

Cited authority: 1985.115.

1985.115 requires three days' notice but does not define calendar versus business days; therefore follow the ALJ's or ARB's local procedures or ask the tribunal for clarification, since 1985.115 only states the three-day requirement.

• If the rules or local practice manuals define how days are counted, follow those definitions.
• When in doubt, provide more than three calendar days' notice to avoid dispute.

Cited authority: 1985.115.

Yes — parties can jointly apply for a waiver and should still provide all parties three days' notice, because 1985.115 requires an application and notice but does not prohibit joint applications.

• Joint applications can show consensus and reduce potential objections.
• Even with a joint application, document service to every party at least three days before action.

Cited authority: 1985.115.

Yes — the ALJ or ARB may issue such orders as justice or the administration of the CFPA requires, in addition to waiving rules, because 1985.115 authorizes issuance of necessary orders.

• Orders should be tailored to meet the needs of justice or effective CFPA administration.
• Explain the requested order and how it advances fairness or efficient case administration.

Cited authority: 1985.115.

1985.115 permits waiving “any rule” and issuing orders required for justice or administration of the CFPA, but it does not authorize changing statutory rights; waivers are intended for procedural rules and orders consistent with the CFPA, according to 1985.115.

• Waivers should not contravene clear statutory mandates.
• If a requested action would modify a statutory right, the ALJ/ARB should consider whether it is within their authority under the CFPA.

Cited authority: 1985.115.

Special circumstances or good cause include unforeseen events or fairness issues that make strict rule application impractical, because 1985.115 allows waivers for such reasons.

• Examples: sudden illness preventing timely filing, lost or delayed service that prejudices a party, natural disaster affecting deadlines, or new facts that require an adjusted timeline.
• Provide documentation (medical notes, proof of delay, affidavits) to support the claimed circumstances.

Cited authority: 1985.115.

Include a clear statement of the specific rule to be waived, the factual basis showing special circumstances or good cause, and proof that all parties received three days' notice, because 1985.115 requires an application and notice.

• Explain how the waiver serves justice or the CFPA's administration.
• Attach supporting evidence and propose a narrowly tailored remedy.

Cited authority: 1985.115.

The ALJ or ARB should issue a written order stating the waiver granted, the reasons (special circumstances or good cause), and any conditions, because 1985.115 contemplates issuing orders as required for justice or administration of the CFPA.

• Keep a copy of the order in the case file and serve it on all parties promptly.
• Note any deadlines or conditions imposed by the order.

Cited authority: 1985.115.

If a party was not given the required three days' notice, the party can raise that procedural deficiency with the ALJ or on appeal, because 1985.115 requires three days' notice to all parties before waivers are issued.

• Object promptly and request relief (reconsideration, stay, or modification) based on lack of required notice.
• Preserve the record of lack of service or insufficient notice for review.

Cited authority: 1985.115.

Yes — the ARB may grant a waiver on review because 1985.115 authorizes either the ALJ or the ARB on review to waive rules or issue orders when justified (note: use the exact 1985.115 link).

• File an application with the ARB explaining the special circumstances or good cause during the review.
• Ensure all parties receive the three days' notice required by the rule.

Cited authority: 1985.115.

Yes — you can request alternative procedures such as remote hearings as part of a waiver application if you show special circumstances or good cause, because 1985.115 allows waiving rules and issuing orders needed for justice or CFPA administration.

• Describe why the alternative procedure is needed and how it preserves fairness.
• Provide three days' notice to all parties before the ALJ or ARB acts on the request.

Cited authority: 1985.115.

While 1985.115 does not spell out the format, best practice and effective case management require the ALJ or ARB to explain the reasons for granting a waiver — citing the special circumstances or good cause — because the rule authorizes waivers when justice or CFPA administration requires it, as stated in 1985.115.

• A written order explaining the basis helps preserve the record and assists in any review.

Cited authority: 1985.115.

No — a waiver is case-specific and meant to address special circumstances in that proceeding, because 1985.115 speaks to waiving rules in particular cases to serve justice or CFPA administration.

• If similar relief is needed in another case, file a separate application showing special circumstances or good cause for that case.

Cited authority: 1985.115.

Yes — a party can ask the ALJ for reconsideration or seek relief on appeal from the ARB if a waiver is denied, because 1985.115 contemplates ALJ and ARB authority to address waivers and related orders.

• File a timely motion for reconsideration stating new facts or legal grounds.
• If denied, raise the issue on ARB review with supporting evidence of special circumstances or good cause.

Cited authority: 1985.115.

1985.115 does not set a specific deadline to file a waiver application; it requires an application and three days' notice, so file the application as soon as the need for a waiver becomes apparent to allow time for notice, according to 1985.115.

• Filing early gives the ALJ/ARB time to consider the request and reduces prejudice to other parties.
• Explain why the timing is reasonable and include any supporting evidence.

Cited authority: 1985.115.

Yes — the ALJ or ARB can issue narrowly tailored waivers or orders with conditions, because 1985.115 authorizes issuing orders as justice or the administration of the CFPA requires.

• Propose specific, limited changes in your application and suggest conditions that protect other parties.
• Courts and tribunals typically prefer narrow, case-specific relief to avoid unintended consequences.

Cited authority: 1985.115.

A waiver can remove procedural barriers that would prevent fair or efficient resolution of a CFPA retaliation case, because 1985.115 authorizes waivers and orders needed for justice or CFPA administration.

• Examples: allowing extra time to gather critical evidence, permitting alternative service methods when standard service fails, or adapting procedures during emergencies so cases move forward.
• Show specifically how the waiver improves fairness or case administration in your application.

Cited authority: 1985.115.