Administrative hearing procedures

Proceedings are conducted under the Office of Administrative Law Judges' rules of practice in 29 CFR part 18, subpart A. See 1991.107(a) for the requirement.

• This means you should follow the procedures that govern administrative hearings (for example, filing deadlines, motions, and hearing procedures) as codified in 29 CFR part 18, subpart A.
• If you need a specific procedural rule (like motions practice or subpoenas), consult the referenced rules in 29 CFR part 18 and coordinate with the assigned ALJ.

The Chief Administrative Law Judge assigns the case to an ALJ who will notify the parties of the hearing's day, time, and place. This is required by 1991.107(b).

• The ALJ will set the hearing promptly and inform all parties.
• Expect official notice rather than informal scheduling; keep current contact information with OSHA to avoid missed notices.

Hearings must commence expeditiously, but they can be postponed if a party shows good cause or if the parties agree to a different schedule. See 1991.107(b).

• "Expeditiously" means the ALJ should schedule the hearing without unnecessary delay.
• If you need more time, file a motion showing good cause (for example, illness, newly discovered evidence, or unavoidable scheduling conflicts) or get agreement from the opposing party and notify the ALJ.

"De novo on the record" means the ALJ will decide the case anew based on the evidence presented at the hearing rather than simply reviewing the prior decision. This is stated in 1991.107(b).

• Practically, you should be prepared to present all relevant evidence and witnesses at the hearing because the ALJ evaluates the matter from the beginning.
• Documentation or testimony not introduced at the hearing may not be considered later unless properly submitted according to the record rules.

An ALJ has broad discretion to limit discovery when doing so will expedite the hearing. This authority is provided in 1991.107(b).

• Expect the ALJ to tailor discovery to the needs of the case; unnecessary or overly burdensome discovery requests may be curtailed.
• To avoid disputes, focus discovery requests on key facts and documents that directly support your claims or defenses.

If both parties object, their objections will be consolidated and a single hearing will be held. This consolidation requirement is in 1991.107(c).

• Consolidation avoids duplicative proceedings and lets one ALJ hear both parties' objections together.
• Parties should coordinate discovery and scheduling since the single hearing will address both sets of objections.

Formal rules of evidence do not apply, but the ALJ will use rules or principles to ensure the most probative evidence is produced and may exclude immaterial, irrelevant, or unduly repetitious evidence. See 1991.107(d).

• You should focus on introducing clear, relevant, and persuasive evidence rather than relying on strict evidentiary formality.
• Bring duplicates of key documents and prepare concise witness testimony to avoid exclusion for repetition or irrelevance.

The assigned ALJ will promptly notify the parties of the day, time, and place of the hearing as required by 1991.107(b).

• Make sure your service address and contact details are up to date so you receive the notice.
• If you do not receive notice within a reasonable time after filing an objection and request for hearing, contact the Office of the Chief Administrative Law Judge or OSHA to verify assignment.

An ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious. This exclusionary guidance is provided in 1991.107(d).

• Immaterial: evidence that does not relate to the facts in dispute.
• Irrelevant: evidence that does not make a fact more or less likely.
• Unduly repetitious: multiple copies of the same testimony or documents without added value.

Prepare a concise evidentiary record focused on the facts the ALJ needs to decide the case.

Yes, the parties can agree to change the schedule or delay the hearing, and the ALJ may accept that agreement instead of requiring an earlier date; this flexibility is noted in 1991.107(b).

• Put any agreed scheduling changes in writing and submit them to the ALJ so the record reflects the parties' agreement.
• Even with agreement, the ALJ retains case-management authority and may require justification if the change would cause undue delay.

You should ask the ALJ for additional time by filing a motion showing good cause, since ALJs have broad discretion to limit or extend discovery to expedite the hearing as stated in 1991.107(b).

• Explain concretely why more time is needed (e.g., key witness availability, need for testing, or newly discovered evidence).
• Be specific about how much extra time you need and propose a schedule to minimize delay.

Except for provisions specifically provided in part 1991, the Office of Administrative Law Judges' rules apply, meaning the ALJ rules at 29 CFR part 18, subpart A govern unless this part states otherwise; see 1991.107(a).

• If part 1991 contains a different procedural rule, that specific rule controls over the ALJ rules.
• When in doubt about which rule applies, raise the issue in a motion to the ALJ citing the conflicting provisions.

Consolidation means evidence and witnesses for both the complainant and respondent will be heard in a single proceeding, so coordinate presentations to avoid duplication and confusion as provided by 1991.107(c).

• Plan jointly (where appropriate) to avoid repetitive testimony and streamline exhibits.
• The ALJ may limit duplicative testimony under 1991.107(d), so consolidate witness lists and exhibits to focus on the most probative material.

You should present clear, relevant, and authenticated documents and be prepared to explain their relevance because informal standards apply and the ALJ may exclude irrelevant or repetitious material under 1991.107(d).

• Bring originals and a concise exhibit list; offer exhibits in logical sequence and summarize why each is probative.
• If a document's authenticity may be questioned, have a witness who can authenticate it ready to testify at the hearing.