Administrative hearing procedures

The rules of practice and procedure in subpart A of part 18 apply to proceedings under this part unless this part provides otherwise. See 1989.107(a) for the statement that proceedings will follow those Office of Administrative Law Judges rules except where this part provides different procedures. This means you should consult 1989 and the ALJ rules in part 18 for procedural matters not specifically covered by 1989.107.

The Chief Administrative Law Judge will promptly assign the case to an ALJ after receipt of an objection and request for hearing. See 1989.107(b) which explains the Chief ALJ’s role in assignment and notification of hearing details.

The ALJ must notify the parties of the day, time, and place of the hearing once assigned. See 1989.107(b), which requires the ALJ to promptly notify parties of those hearing details.

The hearing must commence expeditiously unless there is a showing of good cause or the parties agree otherwise. See 1989.107(b) which directs expeditious commencement but allows delay for good cause or party agreement.

Yes, an ALJ has broad discretion to limit discovery to expedite the hearing. See 1989.107(b), which expressly gives ALJs authority to restrict discovery when necessary to move the case forward quickly. Practical examples include shortening schedules for written requests or restricting depositions when they would unduly prolong the process.

It means the ALJ will consider the case anew based on the evidence and testimony presented at the hearing, rather than simply reviewing the prior agency decision. See 1989.107(b) which states hearings are conducted de novo on the record, so parties should be prepared to present the full factual and legal basis for their positions at the hearing.

If both parties object, the objections will be consolidated and a single hearing will be conducted for both. See 1989.107(c) which requires consolidation in that situation.

No, formal rules of evidence do not apply, but principles that ensure the most probative evidence is produced will be used. See 1989.107(d) which explains that while the formal rules are not strictly applied, the ALJ will use established principles to get the most relevant and reliable evidence.

An ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious. See 1989.107(d) which identifies those specific grounds for exclusion to keep the hearing focused and efficient.

Yes, parties can agree to delay the hearing start date, and such an agreement will permit a non-expeditious start. See 1989.107(b) which states hearings are to commence expeditiously except upon a showing of good cause or when the parties otherwise agree.

You should consult the rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges in subpart A of part 18 for procedures not provided in this part. See 1989.107(a) and the general 1989 page for context.

The regulation requires the ALJ to promptly notify the parties of the hearing day, time, and place, but it does not set a specific number of days for that notice. See 1989.107(b) which uses the term "promptly" without prescribing a fixed deadline.

"Good cause" allows delay of the hearing start beyond expeditious scheduling when a party shows a legitimate reason for delay. See 1989.107(b); examples of good cause commonly include illness, unavailable key witnesses, or other unforeseen events that would unfairly prejudice a party if the hearing proceeded as scheduled.

Parties should focus on offering the most probative and non-duplicative evidence and avoid submitting multiple documents or witnesses that add no new information. See 1989.107(d) which authorizes the ALJ to exclude evidence that is immaterial, irrelevant, or unduly repetitious to keep the record concise and focused.

Yes, the ALJ can limit both the timing and scope of discovery to prevent unnecessary delay and expedite the hearing. See 1989.107(b), which gives ALJs broad discretion to restrict discovery when needed to move the case forward efficiently.