Subpart C
Yes. Under 1987.115 an Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) on review may, upon application and after three days' notice to all parties, waive any rule in this part when special circumstances exist or for good cause shown. See also the overview of Part 1987 for the scope of the procedures this authority covers.
Any party may apply for a waiver by filing an application with the ALJ or seeking relief from the ARB on review, because 1987.115 states waivers are granted "upon application." Practical filings should identify the rule to be waived and the factual and legal reasons supporting the request; consult Part 1987 for related filing procedures.
Yes. 1987.115 requires that a waiver be granted only "after three days notice to all parties." That means the ALJ or ARB should provide all parties at least three days' advance notice of the application and any intended waiver action so parties have an opportunity to respond.
The regulation does not give a single definition; instead, 1987.115 allows the ALJ or ARB to find "special circumstances" or "good cause" on a case-by-case basis. Practical examples that often meet the standard include unforeseen emergencies, significant procedural unfairness if the rule is strictly applied, or circumstances that would frustrate justice. Because the term is fact-specific, an application should explain the circumstances clearly and include supporting evidence.
Yes. 1987.115 permits an ALJ or the ARB on review to waive rules in this part, which can include procedural deadlines, if special circumstances or good cause are shown and proper notice is given. When seeking such a waiver, explain why the deadline should be extended and provide evidence supporting the need for the relief.
Yes. 1987.115 authorizes the ALJ or ARB to "issue such orders that justice or the administration of FSMA requires," which allows tailored, conditional, or time-limited waivers as appropriate to the circumstances. When requesting a waiver, specify the exact relief requested and any proposed limitations or expiration dates.
Yes. 1987.115 requires three days' notice to all parties before a waiver can be issued, which means the applicant must serve the application and proof of notice on every other party so they have an opportunity to respond before the ALJ or ARB acts.
Yes. 1987.115 explicitly authorizes the ARB "on review" to waive any rule in this part upon application and after three days' notice to all parties, so the ARB can grant waivers as part of its review function.
No. A waiver under 1987.115 applies to rules in this part and cannot override statutes or higher legal requirements. The authority to waive rules is limited to the rules of this part and to what is consistent with the Food Safety Modernization Act (FSMA) and other applicable law; an ALJ or ARB cannot use this provision to contravene controlling statutes or higher court decisions.
An effective application should state the relief sought and the reasons it is needed, because 1987.115 permits waivers only "upon application." Include:
Providing these elements helps the ALJ or ARB assess whether justice requires the requested relief.
The regulation itself does not describe a separate remedy for denial of a waiver, but parties may pursue the normal review procedures available in Part 1987 and applicable law because 1987.115 operates within the Part's procedural framework. If you need to challenge a denial, consider raising the issue in any appeal or request for review permitted by the rules governing the proceeding.
The rule does not explicitly require a written explanation, but because 1987.115 ties waivers to justice and administration of FSMA, it is best practice for the ALJ or ARB to state the basis for its decision on the record or in writing so the parties understand the rationale and have a record for any review.
Yes, but the statute still requires notice and an application. 1987.115 allows waivers in special circumstances or for good cause shown; in an emergency you should file an application explaining the urgent basis and promptly serve all parties to meet the three-day notice requirement, and ask the ALJ or ARB for expedited consideration.
1987.115 sets a three-day notice requirement but does not specify a computation method; therefore, serve the application and any supporting documents at least three calendar days before the ALJ or ARB is asked to act to avoid disputes. If precise calculation is critical, request the ALJ or ARB to set a specific schedule or consult applicable procedural rules in Part 1987 for service and timing.
Yes. Because 1987.115 authorizes waiving any rule in this part, an ALJ or ARB can modify discovery deadlines, formats, or other procedural evidence rules when special circumstances or good cause are shown and after three days' notice to all parties. When seeking such relief, specify the discovery or evidence rules to be waived and explain why justice requires the modification.