Waiver of rules in special cases

Either party to the case may seek waiver by filing an application, because 1986.115 authorizes the ALJ or the ARB to act "upon application" to waive rules or issue orders. See 1986.115 for the text of the waiver authority.

• Practical step: file a written motion or application requesting the waiver and identify the rule and the relief requested.

A waiver can be granted when there are "special circumstances not contemplated by the provisions of the rules in this part" or when "good cause" is shown, so unusual facts or a clear need for fairness or efficient administration of the Seamans Protection Act (SPA) can justify a waiver. See the language of 1986.115.

• Note: the regulation sets a flexible standard; whether the facts meet that standard is within the ALJ's or ARB's discretion.

The regulation requires at least three days' notice to all parties before a waiver is issued. The text states the ALJ or ARB may act "upon application, after three days notice to all parties." See 1986.115.

• Practical point: serve all parties a copy of your application or motion at least three days before the ALJ or ARB is expected to rule so the minimum notice requirement is satisfied.

The rule requires three days' notice before the ALJ or ARB may issue a waiver, and that notice is part of the process surrounding an application; therefore the applicant should provide timely notice to the other parties so the ALJ/ARB can find the statutory notice requirement met. See 1986.115.

• Practical step: when you file the application, also serve opposing parties immediately and document the service date so a court or tribunal can verify the three-day notice period.

Section 1986.115 states the ALJ or ARB may act "upon application," which means a waiver is typically initiated by an application's filing rather than solely on the ALJ's or ARB's sua sponte action. See 1986.115.

• If parties or counsel believe a waiver is needed, they should file an application requesting it and provide the required notice to other parties.

In practice, "for good cause shown" means a party must present facts or legal reasons that justify why the normal rule should be set aside; the ALJ or ARB then decides if those reasons meet the standard. See 1986.115.

• Good cause typically includes showing prejudice if the rule applies, extraordinary circumstances, or compelling fairness or administrative reasons.
• The regulation does not list specific examples, so the ALJ/ARB evaluates the evidence and arguments presented.

Yes; 1986.115 authorizes the ALJ or the ARB to "waive any rule" in the part when special circumstances or good cause are shown, which can include procedural rules and deadlines if justified. See 1986.115.

• Practical note: when asking to waive a deadline, explain the specific hardship or special circumstances and provide supporting evidence.

Yes; the regulation permits the ALJ or ARB to "issue such orders as justice or the administration of SPA requires," so they may craft orders tailored to achieving fairness or efficient case administration. See 1986.115.

• Examples (illustrative, not exhaustive): extending deadlines, modifying procedures, or ordering alternative methods of presenting evidence when justified by the circumstances.

Yes; 1986.115 explicitly authorizes both the ALJ and the ARB "on review" to waive rules or issue orders when warranted, so waiver requests can be considered at the review stage. See 1986.115.

• Practical point: if a waiver was denied by an ALJ, you can raise the waiver issue again to the ARB on review, which has the same authority.

No; 1986.115 governs waivers of rules in the part and the issuance of orders "as justice or the administration of SPA requires," but it does not authorize waiver of the SPA statute itself; waivers operate within the regulatory framework used to administer the statute. See 1986.115.

• Practical implication: you may seek procedural accommodations under 1986.115, but you cannot use it to nullify statutory rights or requirements set by the SPA.

No; 1986.115 does not prescribe a specific form or format for the application— it only provides the legal authority for waivers and the three-day notice requirement—so parties should follow the ALJ's or ARB's local filing and service rules when submitting an application. See 1986.115 and the broader Part 1986 procedures at 1986.

• Practical step: include a clear caption, state the relief requested, explain the special circumstances or good cause, and certify service to opposing parties.

Yes; because 1986.115 requires notice to all parties before a waiver is issued, those parties have an opportunity to oppose or respond to the application during that notice period or at the proceedings where the ALJ/ARB considers the request. See 1986.115.

• Practical tip: file a written objection or request a hearing within the three-day notice period to preserve your position.

Yes; because both the ALJ and the ARB on review are authorized to waive rules upon application, a waiver request may be made at the trial or review stages when special circumstances or good cause exist. See 1986.115.

• Practical point: timely raise and document the reasons for the waiver when the circumstances first arise to improve the chance the ALJ/ARB will grant relief.

No; the regulation sets a minimum of three days' notice but does not mandate any longer notice period; the ALJ or ARB may provide more time if appropriate under the circumstances. See 1986.115.

• If you need additional time, request it in your application and explain why more notice is necessary.

While 1986.115 does not specify particular findings that must be written, good practice and the ALJ/ARB's obligation to explain rulings means the decision should state the reasons the waiver was granted — namely the special circumstances or good cause and how the order serves justice or the administration of the SPA. See 1986.115.

• Practical benefit: a written explanation creates a clear record for any review and helps parties understand the scope of the relief.

Yes; 1986.115 allows the ALJ or ARB broad discretion to "issue such orders as justice or the administration of SPA requires," which permits granting waivers that are limited or conditioned to address only the specific need. See 1986.115.

• Example: the ALJ might allow a one-time extension of a deadline rather than permanently changing the rule for all future cases.

No; 1986.115 does not list specific proofs but requires the applicant to show special circumstances or good cause, so applicants should present clear factual evidence, affidavits, or legal argument to support their request. See 1986.115.

• Practical tips: include declarations, timelines, and documentary evidence demonstrating why the usual rules are impractical or unfair in the case.

Yes; 1986.115 permits the ALJ or ARB to waive rules when special circumstances or good cause are shown, which can include admitting evidence otherwise limited by a rule if justice or administration of the SPA requires it. See 1986.115.

• Practical approach: explain why the evidence is important, why the rule would unfairly exclude it, and how admission serves justice.

Start your answer with a clear, direct request and the reasons that show special circumstances or good cause; include supporting facts, evidence, and proof of service to other parties to satisfy the three-day notice requirement under 1986.115. See 1986.115.

• Suggested contents: statement of relief sought, factual background, legal argument, supporting affidavits/documents, and certificate of service demonstrating notice to all parties.

No; 1986.115 requires "three days notice to all parties," which means every party of record in the proceeding must receive notice before a waiver is granted. See 1986.115.

• Practical step: confirm the case caption and service list so no party is missed when providing the required notice.

Yes; because 1986.115 gives the ARB "on review" the same authority to waive rules, a party unhappy with an ALJ's waiver denial can raise the issue when seeking ARB review of the ALJ decision. See 1986.115.

• Practical tip: when seeking review, clearly present the facts and legal reasons why the ARB should exercise its waiver authority in the case.