Administrative hearing procedures

Proceedings are governed by the Office of Administrative Law Judges’ rules of practice at 29 CFR part 18, subpart A, except where this part provides otherwise. See 1992.107(a).

• This means you should follow the procedures in 29 CFR part 18, subpart A (the ALJ rules) unless another provision in part 1992 changes a specific step.
• If you need to determine timing, filings, motions, or procedural steps not addressed in part 1992, consult the ALJ rules referenced in 1992.107(a).

An ALJ will be promptly assigned by the Chief Administrative Law Judge, who then notifies the parties of the day, time, and place of the hearing. See 1992.107(b).

• The notice should specify the hearing’s day, time, and place so both parties can prepare.
• If you do not receive timely notice, contact the Chief ALJ’s office as provided in the ALJ rules referenced in 1992.107(a).

Hearings must start promptly, but they can be delayed only for good cause or by agreement of the parties. See 1992.107(b).

• "Good cause" is a legal standard that could include scheduling conflicts, inability to obtain essential witnesses, or unforeseen emergencies—these must be shown to the ALJ.
• If both parties agree to a delay, the hearing may be rescheduled without the need to prove good cause to the ALJ.

It means the ALJ will review and decide the case anew based on the hearing record rather than simply endorsing the prior finding. See 1992.107(b).

• Parties should be prepared to present evidence and testimony at the hearing because the ALJ will independently evaluate the record.
• Documents and prior findings can be introduced, but the ALJ will make an independent decision based on what is presented at the hearing.

Yes, the ALJ has broad discretion to limit discovery to expedite the hearing. See 1992.107(b).

• The ALJ may restrict the scope or timing of interrogatories, document requests, depositions, or other discovery tools when those requests would delay or overburden the process.
• If you believe discovery was improperly limited, raise the issue with the ALJ during prehearing conferences or in a written motion, citing 1992.107(b).

If both parties object, their objections will be consolidated and a single hearing will be held. See 1992.107(c).

• Consolidation avoids duplicative hearings and ensures the ALJ resolves the contested issues between both parties in one proceeding.
• Consolidation may require coordination of witnesses and evidence schedules from both sides.

Formal rules of evidence do not apply; instead the ALJ uses rules or principles that seek the most probative evidence and may exclude immaterial, irrelevant, or unduly repetitious evidence. See 1992.107(d).

• Expect a more flexible evidence process, but be ready to show why your evidence is probative and material.
• The ALJ may admit hearsay or other evidence that would be excluded in a strict courtroom setting if it is probative and reliable.

Yes, the ALJ may exclude evidence that is unduly repetitious, including repetitive testimony or duplicate documents. See 1992.107(d).

• To avoid exclusion, focus testimony and exhibits on different facts or perspectives and summarize cumulative points.
• If your evidence is excluded as repetitious, you can offer a concise proffer explaining why it adds probative value.

Part 1992 controls where it provides specific provisions that differ from the general ALJ rules; otherwise the ALJ rules in 29 CFR part 18, subpart A apply. See 1992.107(a).

• When a specific procedure is spelled out in part 1992, follow that procedure even if it differs from the ALJ rules.
• If part 1992 is silent on an issue, consult the ALJ rules in 29 CFR part 18 as referenced in 1992.107(a).

You should file a written motion or raise the issue with the ALJ promptly, explaining the specific reasons constituting good cause for the delay. See 1992.107(b).

• Provide supporting documentation (e.g., medical records, witness unavailability, scheduling conflicts) to substantiate good cause.
• Follow any timing or format requirements in the ALJ rules referenced by 1992.107(a).

The Chief Administrative Law Judge will promptly assign the case to an ALJ, who will notify the parties of hearing details so the hearing can commence expeditiously. See 1992.107(b).

• "Promptly" and "expeditiously" are flexible standards but require the agency to move the case forward without undue delay.
• If you experience significant delay, you can raise the issue with the Chief ALJ or file a motion to set an early hearing date under the ALJ rules cited in 1992.107(a).

Parties should present technical evidence clearly and through admissible formats that show probative value, such as expert testimony, demonstrative exhibits, and concise summaries, because formal rules do not apply but probative evidence is required. See 1992.107(d).

• Provide written expert reports, visual aids, and concise direct testimony to help the ALJ evaluate technical points.
• Offer foundation for technical evidence (qualifications of experts, methods used) so the ALJ can assess probative value under 1992.107(d).

Yes, the parties can agree to change the hearing date, and such agreement permits a rescheduling without the need to show good cause to the ALJ. See 1992.107(b).

• Any agreed rescheduling should be communicated to the ALJ promptly so the official docket can be updated.
• If the parties’ agreement affects witnesses or exhibits, memorialize those changes in writing per the ALJ rules cited in 1992.107(a).

Consolidation does not change the legal burdens of proof; it simply combines the proceedings so both parties’ objections are resolved in a single hearing. See 1992.107(c).

• Each party must still present the evidence needed to meet its own burden under the applicable law.
• Consolidation is procedural and intended to increase efficiency, not to alter substantive rights.

Hearsay can be admitted because formal rules of evidence do not apply, but the ALJ will evaluate it for probative value and reliability and may exclude it if it is immaterial or unduly repetitious. See 1992.107(d).

• If you plan to offer hearsay, be prepared to explain why it is reliable and probative.
• Consider supplementing hearsay with live testimony or documents that corroborate the statements to increase weight with the ALJ.

Filing an objection and request for hearing triggers prompt assignment to an ALJ and notification to the parties of the hearing’s day, time, and place. See 1992.107(b).

• Make sure your objection and request for hearing comply with filing rules (format and timing) in the ALJ rules referenced in 1992.107(a).
• Keep records of your filing (date-stamped copies) so you can verify the case was placed on the ALJ docket.

Avoid submitting marginally relevant documents because the ALJ may exclude immaterial or irrelevant evidence; instead submit a concise, well-organized subset that directly supports your claims. See 1992.107(d).

• Use exhibit lists and representational admissions to identify the most probative documents.
• If you think marginal evidence is necessary, explain briefly in a proffer why it bears on a disputed issue.

Parties should consult the rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges at 29 CFR part 18, subpart A for procedural guidance not addressed in part 1992. See 1992.107(a).

• The ALJ rules provide details on filings, service, motions, prehearing conferences, and other procedural matters.
• Use the ALJ rules together with part 1992 to ensure compliance with both sets of procedures.

Yes, under the referenced ALJ rules and the provision that hearings are to commence expeditiously, an ALJ may schedule prehearing conferences and set timelines to organize discovery and prepare for efficient hearings. See 1992.107(b) and 1992.107(a).

• Prehearing conferences aid in narrowing issues, setting deadlines, and resolving discovery disputes.
• Follow any scheduling orders issued by the ALJ; failure to comply can lead to sanctions under the ALJ rules referenced in 1992.107(a).

Prepare witnesses to provide clear, focused testimony that directly supports probative issues and avoids repetition, because the ALJ will favor the most probative and nonduplicative evidence. See 1992.107(d).

• Brief witnesses on time limits, key facts to emphasize, and how to respond to objections about relevance or repetitiveness.
• Use declarations, summaries, or demonstrative aids to streamline witness testimony and emphasize probative points.

Expect the discovery timeline to be tailored by the ALJ and potentially shortened or limited to ensure the hearing proceeds expeditiously, as ALJs have broad discretion to limit discovery. See 1992.107(b).

• Plan your discovery requests early and prioritize the most essential materials and witnesses.
• If discovery is limited, seek targeted follow-up questions or use prehearing exchanges to preserve your ability to present critical evidence at the hearing.

When objections by both parties are consolidated, the ALJ will set a single hearing schedule that accommodates the consolidated issues and notifies both parties of the day, time, and place. See 1992.107(c) and 1992.107(b).

• Consolidation typically requires coordination of procedural timelines for both sides; the ALJ may hold a prehearing conference to organize the process.
• Parties should be prepared to address all consolidated issues in a single hearing record.

Yes, the ALJ can require parties to file exhibit and witness lists as part of prehearing procedures to ensure the production of the most probative evidence and to avoid surprises at the hearing. See 1992.107(d) and 1992.107(a).

• Providing lists helps the ALJ manage the record and decide what evidence is material and probative.
• Follow any format, deadlines, or page limits specified by the ALJ or by the ALJ rules referenced in 1992.107(a).

For procedural questions not addressed in part 1992, a party should follow the ALJ rules in 29 CFR part 18, subpart A and raise any uncertainties with the ALJ for clarification. See 1992.107(a).

• Cite the ALJ rules when requesting procedural relief or clarification in filings or motions.
• If a conflict appears between part 1992 and the ALJ rules, follow the specific provision in part 1992 as it controls that area.