Hearings procedures under SPA

Yes. Under 1986.107(a), proceedings are conducted in accordance with the rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges, codified at subpart A of part 18 of this title, except where this part provides otherwise.

• This means the general ALJ hearing procedures apply unless another provision in Part 1986 specifically changes them.
• Use 1986.107(a) as the controlling reference for this principle.

The Chief Administrative Law Judge assigns the case and the assigned ALJ notifies the parties of hearing details. Under 1986.107(b), upon receipt of an objection and request for a hearing the Chief Administrative Law Judge will promptly assign the case to an ALJ who will notify the parties of the day, time, and place of the hearing.

• The provision requires prompt assignment and notice, so parties should expect timely communication from the assigned ALJ.
• See 1986.107(b) for the exact text.

Yes. Under 1986.107(b), the hearing is to commence expeditiously, except upon a showing of good cause or unless the parties agree otherwise.

• "Expeditiously" means the ALJ should start the hearing without unnecessary delay, but the rule allows delays if a party shows good cause or if both parties agree to a later date.
• Rely on 1986.107(b) for the governing standard.

Yes. Under 1986.107(b), hearings will be conducted de novo on the record, which means the ALJ will rehear the matter anew and is not bound by the initial findings or order.

• A de novo hearing gives the parties the chance to present evidence and arguments again before the ALJ, and the ALJ will make independent findings based on the hearing record.
• See 1986.107(b) for the rule requiring de novo review.

Yes. Under 1986.107(b), ALJs have broad discretion to limit discovery in order to expedite the hearing.

• This discretion allows the ALJ to tailor discovery deadlines and scope to prevent delay and focus on the most relevant information.
• Parties should be prepared to justify any requested discovery as necessary and proportional in light of the ALJ’s authority under 1986.107(b).

They are consolidated and a single hearing is held. Under 1986.107(c), if both the complainant and the respondent object to the findings and/or order, the objections will be consolidated and a single hearing will be conducted.

• Consolidation means issues raised by both sides will be addressed in one proceeding to promote efficiency and avoid duplicative hearings.
• See 1986.107(c) for the consolidation rule.

No. Under 1986.107(d), formal rules of evidence will not apply; instead, rules or principles designed to assure production of the most probative evidence will be applied.

• The ALJ will focus on getting the most relevant, probative evidence into the record rather than strictly enforcing courtroom evidence rules.
• For the governing language, see 1986.107(d).

The ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious. Under 1986.107(d), while formal rules of evidence do not apply, the ALJ may exclude evidence that fails those standards.

• Expect the ALJ to admit evidence that is probative and to cut off testimony or documents that do not aid resolution of the issues or that simply repeat the same points.
• See 1986.107(d) for the exclusion criteria.

Possibly. Under 1986.107(d), formal rules of evidence, including strict hearsay exclusions, do not automatically apply, so hearsay may be admitted if it is probative and not immaterial, irrelevant, or unduly repetitious.

• The ALJ will weigh the probative value of hearsay and may admit it when it helps produce the most probative evidence, but may exclude it if it is unreliable or repetitious.
• See 1986.107(d) for the applicable standard.

ALJs have broad authority to manage hearings, including assigning schedules, limiting discovery, conducting de novo hearings, and excluding immaterial or unduly repetitious evidence. The combined text of 1986.107(b) and 1986.107(d) grants ALJs broad discretion to expedite hearings and to apply principles that secure the most probative evidence while excluding irrelevant material.

• Expect the ALJ to set hearing time/place notices, limit discovery to prevent delay, require a de novo hearing on the record, and exclude immaterial or repetitive evidence.
• See 1986.107(b) and 1986.107(d) for these authorities.

Yes. Under 1986.107(b), hearings are to commence expeditiously unless the parties agree otherwise, so parties can jointly agree to change timing or logistics of the hearing.

• Any agreed change should be communicated to the assigned ALJ so it can be reflected in scheduling orders or notices.
• Refer to 1986.107(b) for the rule allowing party agreement to alter timing.

When Part 1986 explicitly provides otherwise. Under 1986.107(a), proceedings will follow the Office of Administrative Law Judges’ rules unless a specific provision in Part 1986 changes that rule.

• If you encounter a provision elsewhere in Part 1986 that sets a different procedure, that provision takes priority for the matters it covers.
• See 1986.107(a) for the baseline statement.