Administrative hearing procedures

Proceedings are governed by the Office of Administrative Law Judges’ rules of practice and procedure found in subpart A of part 18 unless this part says otherwise. See 1987.107(a).

• This means the general practice and procedural rules used by ALJs at the Office of Administrative Law Judges apply by default.
• If part 1987 provides a different rule, that specific provision controls over the general rules.

Cited authority: 1987.107(a).

The Chief Administrative Law Judge promptly assigns the case to an ALJ after receipt of an objection and request for hearing. See 1987.107(b).

• The assigned ALJ then notifies the parties of the hearing’s day, time, and place.

Cited authority: 1987.107(b).

The hearing must commence expeditiously, unless the parties agree otherwise or a party shows good cause for delay. See 1987.107(b).

• "Expeditiously" means the ALJ should schedule and hold the hearing without unnecessary delay.
• If a party needs more time, they should show good cause (for example, unavoidable scheduling conflicts, unavailable necessary witnesses, or newly discovered evidence) or seek agreement from the opposing party.

Cited authority: 1987.107(b).

"De novo on the record" means the ALJ conducts a fresh hearing and considers the evidence presented at that hearing rather than simply reviewing the previous decision. See 1987.107(b).

• Parties should be prepared to present testimony, documents, and other evidence at the ALJ hearing even if those materials were already submitted earlier.
• The ALJ’s decision will be based on the record created at that hearing.

Cited authority: 1987.107(b).

Yes—ALJs have broad discretion to limit discovery to expedite the hearing. See 1987.107(b).

• Limits can be set to prevent unnecessary delay, reduce cost, and focus the hearing on the most relevant issues.
• If you believe a requested limit is improper, raise the issue with the ALJ early and explain why the discovery is needed for a fair hearing.

Cited authority: 1987.107(b).

If both parties object, the objections are consolidated and a single hearing will be conducted covering both parties’ objections. See 1987.107(c).

• Consolidation avoids duplicate hearings and resolves all disputed issues in one proceeding.
• Parties should prepare to address all consolidated issues at the single hearing assigned by the ALJ.

Cited authority: 1987.107(c).

No—the formal rules of evidence do not apply, but the ALJ will use rules or principles designed to produce the most probative evidence. See 1987.107(d).

• Expect a more flexible evidentiary approach that focuses on relevance and probative value.
• The ALJ may still exclude evidence that is immaterial, irrelevant, or unduly repetitious.

Cited authority: 1987.107(d).

An ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious. See 1987.107(d).

• Immaterial: evidence that does not affect the issues before the ALJ.
• Irrelevant: evidence that does not logically relate to any fact at issue.
• Unduly repetitious: multiple items that add no new information and only prolong the hearing.

Cited authority: 1987.107(d).

Yes—parties can agree to delay the hearing, and in that case the hearing does not have to commence immediately; otherwise the hearing should begin expeditiously. See 1987.107(b).

• Any agreement to postpone should be communicated to and approved by the ALJ to make it part of the official schedule.
• If one party objects to delay, the requesting party should show good cause for postponement.

Cited authority: 1987.107(b).

Good cause is a valid, demonstrable reason—such as unavoidable witness unavailability, serious illness, or other unforeseen events—that justifies delaying the hearing, and it should be shown to the ALJ with supporting facts or documents. See 1987.107(b).

• Provide dates, declarations, medical notes, or other proof that explains why the delay is necessary.
• File any motion for continuance promptly so the ALJ can rule before the scheduled hearing.

Cited authority: 1987.107(b).

A requirement in part 1987 controls to the extent it provides otherwise; otherwise the Office of Administrative Law Judges’ rules in subpart A of part 18 apply. See 1987.107(a).

• Always follow the specific provision in part 1987 when it differs from the general ALJ rules.
• If unclear, raise the conflict with the ALJ for clarification before or at the hearing.

Cited authority: 1987.107(a).

Yes—the ALJ will notify parties of the hearing’s day, time, and place after assigning the case, so parties consolidated under 1987.107(c) will receive notice of the single combined hearing. See 1987.107(b) and 1987.107(c).

• Expect one notice covering all consolidated objections and issues to be resolved in that hearing.
• If you do not receive timely notice, notify the ALJ’s office promptly.

Cited authority: 1987.107(b), 1987.107(c).

Parties should prepare clear, relevant, and non-repetitive evidence focused on the most probative facts since formal rules of evidence do not apply but the ALJ will seek the most probative evidence and may exclude immaterial or repetitious items. See 1987.107(d).

• Organize exhibits so the ALJ can quickly see relevance and avoid redundancy.
• Use witness testimony, documents, and summaries to highlight key facts rather than overwhelming the record with duplicative material.

Cited authority: 1987.107(d).

A party should promptly notify the ALJ and request a scheduling change, showing good cause or seeking the other party’s agreement to reschedule, because the ALJ must notify parties of the hearing and hearings should commence expeditiously unless good cause is shown or parties agree otherwise. See 1987.107(b).

• File a timely motion for continuance or change of venue/time with supporting reasons.
• If the other party agrees to the change, notify the ALJ so the schedule can be adjusted officially.

Cited authority: 1987.107(b).