Subpart C
An Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) on review may grant a waiver. The regulation expressly states that "the ALJ or the ARB on review may, upon application, and after three days’ notice to all parties, waive any rule or issue such orders that justice or the administration of TFA requires," so authority is limited to those two decisionmakers (1989.115).
An applicant must file an application and ensure that all parties receive at least three days' notice before a waiver can be granted. The rule requires an application and that the ALJ or ARB act "after three days’ notice to all parties" (1989.115).
A waiver can be granted for special circumstances not contemplated by the rules or for good cause shown. The provision authorizes waivers when there are "special circumstances not contemplated by the provisions of these rules, or for good cause shown" and when doing so serves justice or the administration of the Taxpayer First Act (1989.115).
All parties to the proceeding must be given notice at least three days before a waiver may be issued. The regulation requires action "after three days’ notice to all parties" (1989.115).
The text authorizes waiving any rule, subject to the requirements in the provision. It states the ALJ or ARB "may... waive any rule or issue such orders that justice or the administration of TFA requires," provided there is an application, notice, and special circumstances or good cause (1989.115).
The rule does not define specific examples of "special circumstances" or "good cause." It simply authorizes waivers when such circumstances are present, leaving assessment of those terms to the ALJ or ARB in individual cases (1989.115).
The regulation requires action only after three days' notice to all parties, which means the decisionmaker must provide notice at least three days before taking action. The text states "after three days’ notice to all parties" but does not specify whether longer notice is prohibited (1989.115).
The regulation requires an application but does not state who may file it. It simply provides that the ALJ or the ARB "may, upon application" grant a waiver, leaving the identity of potential applicants unspecified in the text (1989.115).
Yes; the provision allows the ALJ or ARB to "issue such orders that justice or the administration of TFA requires." That means they may enter orders beyond simply waiving procedural rules if those orders are needed for justice or administration (1989.115).
No; the rule requires three days' notice to all parties before waiving any rule, so an ex parte waiver without providing that notice would not comply with the text of the regulation. The provision specifies action only "after three days’ notice to all parties" (1989.115).
The regulation does not set a required form or format for the application. It only states that waivers may be granted "upon application" and after the required notice, without prescribing how the application must be submitted (1989.115).
Yes; the regulation expressly authorizes the ARB on review to waive rules or issue orders when appropriate. It states that "the ALJ or the ARB on review may, upon application... waive any rule or issue such orders" (1989.115).
The regulation does not specify the duration of a granted waiver. It authorizes waivers and orders "that justice or the administration of TFA requires" but does not define time limits, so duration would depend on the terms of the ALJ's or ARB's order (1989.115).
The text authorizes waiving rules and issuing orders "that justice or the administration of TFA requires," but it does not address whether waivers may override statutory requirements. The provision itself does not define limits regarding statutes, so questions about overriding statutory mandates would require consideration of applicable law beyond this regulation (1989.115).
The regulation requires three days' notice to all parties but does not explicitly state that parties have a right to respond. The notice requirement suggests parties will be informed in advance, but the text does not set a specific response procedure or timeline (1989.115).
The purpose is to permit flexibility where "justice or the administration of TFA requires" it. The rule is intended to handle "special circumstances not contemplated by the provisions of these rules, or for good cause shown," so waivers help ensure fair and effective administration of proceedings under the Taxpayer First Act (1989.115).
The rule requires the party to file an application requesting a waiver and to provide notice to all parties at least three days before the order is issued. The regulation states waivers may be granted "upon application, and after three days’ notice to all parties" (1989.115).
No; the regulation does not provide separate emergency or expedited procedures. It only states that waivers may be granted "upon application, and after three days’ notice to all parties," and it does not carve out any different process for emergencies (1989.115).
You can read the full provision at the official OSHA regulation page for 1989.115. The text authorizes the ALJ or the ARB on review to waive rules or issue orders "upon application, and after three days’ notice to all parties" when special circumstances or good cause are shown (1989.115).