Subpart C
The Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) on review may waive rules or issue orders in special circumstances. This authority is spelled out in 1988.115, which allows the ALJ or ARB to act "in special circumstances not contemplated by the provisions of these rules, or for good cause shown."
An application for a waiver must be filed with the ALJ or ARB and the moving party must give three days' notice to all parties before the waiver can be granted. 1988.115 states that the ALJ or ARB "upon application, after three-days' notice to all parties, waive any rule or issue such orders" as needed.
Yes. A waiver can be granted for special circumstances that are not specifically contemplated by the written rules. 1988.115 expressly allows the ALJ or ARB to waive rules "not contemplated by the provisions of these rules" when justice or administration of MAP-21 requires it.
No specific legal definition of "good cause" is provided in the text of the provision itself. 1988.115 uses the phrase "for good cause shown," which gives the ALJ or ARB discretion to determine whether the reasons presented meet that standard in the particular case.
Yes. The ALJ or ARB may issue orders, not just waive written rules, when such actions are necessary for justice or the administration of MAP-21. 1988.115 explicitly authorizes the ALJ or ARB to "waive any rule or issue such orders that justice or the administration of MAP-21 requires."
The statute requires at least three days' notice to all parties before a waiver may be granted. 1988.115 states waiver may be granted "upon application, after three-days' notice to all parties."
Yes; notice must be given to all parties to the proceeding. 1988.115 requires "three-days' notice to all parties." In practice, "all parties" means each party formally participating in the MAP-21 proceeding before the ALJ or ARB.
Yes. The ALJ or ARB may waive procedural rules, including deadlines, if doing so is justified by special circumstances or "good cause." 1988.115 authorizes waiving "any rule," which can encompass procedural deadlines set by the Part 1988 rules.
The text does not list specific categorical limits; it broadly permits waiver of "any rule" when justice or administration of MAP-21 requires it in special circumstances or for good cause. 1988.115 places the limits on the ALJ's or ARB's discretion rather than enumerating excluded rules.
Yes—when applying for a waiver, parties should clearly state the relief or specific rule relief they seek and the reasons (special circumstances or good cause) to justify it. 1988.115 requires an application and three-days' notice to other parties, so a focused proposal helps the ALJ or ARB decide.
An application can be made at any time, but 1988.115 requires three-days' notice to all parties before waiver is granted, so last-minute requests may be less likely to be granted unless they demonstrate special circumstances or urgent good cause.
The text does not require a hearing before a waiver is granted; it requires an application and three-days' notice to all parties. 1988.115 gives the ALJ or ARB discretion to determine the appropriate process for deciding the application.
The provision allows waiver of "any rule," without distinguishing procedural from substantive rules, so the ALJ or ARB has discretion to waive rules they find appropriate under special circumstances or good cause. 1988.115 is broad in scope, but the exercise of discretion must be tied to justice or the administration of MAP-21.
Yes. The ALJ or ARB may issue whatever orders are necessary when granting a waiver, which can include conditions or limitations tied to the waiver. 1988.115 authorizes issuance of orders that justice or MAP-21 administration requires.
No public-notice or publication requirement is specified in the text; it only requires three-days' notice to the parties to the proceeding. 1988.115 focuses on notice to the parties rather than broader public notice.
The rule requires that all parties receive three-days' notice of the application, which gives parties the opportunity to object; however, the text leaves resolution of objections to the ALJ's or ARB's discretion. 1988.115 does not prescribe a particular mechanism for resolving objections beyond that notice requirement.
Yes—emergency situations can qualify as "special circumstances" or demonstrate "good cause" for a waiver, permitting the ALJ or ARB to act as necessary. 1988.115 authorizes waivers in "special circumstances not contemplated by the provisions of these rules, or for good cause shown."
No automatic stay is specified in the text; the provision grants the ALJ or ARB discretion to issue orders as justice requires, so any stay would need to be ordered by the ALJ or ARB. 1988.115 does not itself create an automatic stay on proceedings when a waiver is requested.
A party should consider requesting a waiver when special circumstances or demonstrable good cause make strict application of the rules unjust or would impede fair administration of MAP-21; the party must file an application and provide three-days' notice to other parties. 1988.115 sets that framework.
The authority described in 1988.115 applies to the procedural framework for handling MAP-21 retaliation complaints under Part 1988, allowing the ALJ or ARB to waive rules or issue orders necessary for justice or administration of MAP-21 in those proceedings. See 1988.115 and the general Part 1988 overview at 1988.