Waiver of rules in special cases

Under 1992.115 the Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) on review may grant a waiver. The rule says 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 AMLA requires" (1992.115).

Under 1992.115 you must file an application asking the ALJ (or the ARB on review) to waive a rule and provide at least three days' notice to all parties before the ALJ may act. The regulation itself requires an application and three days' notice to all parties before a waiver may be issued (1992.115).

Practical tips:

• Explain which specific rule you want waived and why (state the facts constituting the special circumstance or good cause).
• Describe the relief you want (for example, extension of a deadline or modification of a filing rule).
• Serve your application and proof of service on all parties at least three days before asking the ALJ to act.

(See Part 1992 general provisions and 1992.115).

Under 1992.115 the regulation requires that an application for a waiver be accompanied by at least three days' notice to all parties before the ALJ may grant the waiver. The text specifically conditions waiver on an application and "after three days' notice to all parties" (1992.115).

Practical points:

• The rule sets a minimum notice period of three days; unless another rule or the ALJ specifies a different method, plan to provide at least three calendar days of notice.
• If you need precise computation rules (business vs. calendar days), ask the ALJ or check other procedural provisions in Part 1992.

Under 1992.115 the ALJ or ARB may waive rules for "special circumstances not contemplated by the provisions of this part, or for good cause shown," which means the decision is discretionary and turns on the facts you present. The regulation grants this discretion to the ALJ or ARB (1992.115).

Common examples that may show good cause (but are evaluated case by case):

• Unforeseen emergencies or illness that prevent meeting a deadline.
• Newly discovered evidence that could not reasonably have been obtained earlier.
• Demonstrable prejudice to a party if the rule is strictly enforced (for example, loss of a right to be heard).

Because the statute is discretionary, you should explain the concrete facts, why the normal rule cannot or should not apply, and how justice would be served by the waiver (1992.115).

Under 1992.115 yes—the ALJ or ARB may waive rules such as deadlines if justice or the administration of AMLA requires it. The regulation allows waiver of any rule of the part upon application and after three days' notice to all parties (1992.115).

Practical guidance:

• If you need more time to prepare a filing, request the specific extension in your application and explain the reason (good cause).
• Provide proof of service to other parties at least three days before asking the ALJ to act.

(See 1992.115).

Under 1992.115 yes—other parties can oppose a waiver, and the ALJ must have had three days' notice that allows parties to respond before granting relief. The rule requires an application and notice to all parties before the ALJ may waive a rule (1992.115).

How to oppose effectively:

• File a written response explaining why the waiver would prejudice your client or why the applicant lacks good cause.
• Provide any supporting facts or evidence showing harm from granting the waiver.
• Serve the response on all parties and the ALJ promptly so the record shows your opposition.

(See 1992.115).

Under 1992.115 yes—the ARB on review has the same authority as the ALJ to waive rules upon application and after three days' notice to all parties. The regulation explicitly allows the ALJ or the ARB on review to waive rules when justice or the administration of AMLA requires it (1992.115).

Under 1992.115 the ALJ or ARB may waive any rule of this part when justice or administration of AMLA requires it, but that authority does not let them override statutes or non-waivable legal requirements. The regulation grants waiver authority within Part 1992 (1992.115).

Important limits to remember:

• The waiver power applies to the rules in Part 1992; it cannot change binding statutory mandates or constitutional protections.
• If a procedural rule is itself required by a higher law, the ALJ or ARB cannot use this regulation to contravene that higher authority.

(See Part 1992 and 1992.115).

Under 1992.115 you may request expedited or emergency relief, but the regulation requires that an application be accompanied by three days' notice to all parties before a waiver is granted. The ALJ has discretion to act based on the application and the notice requirement (1992.115).

Practical steps for emergency requests:

• File the application clearly labeled as an emergency or expedited request and explain the urgency and facts amounting to good cause.
• Serve all parties immediately and document service so the ALJ can determine whether three days' notice has been satisfied or whether the circumstances justify relief despite timing.

(See 1992.115).

Under 1992.115 the ALJ or ARB may "issue such orders" as required, which means waivers and related relief should be reflected by an order—ideally in writing—to make the scope and terms clear. The regulation authorizes the judge or board to waive rules and to issue orders in the administration of AMLA (1992.115).

Why you should get it in writing:

• A written order documents exactly what was waived and any conditions or deadlines.
• It preserves the record for any review or appeal.

(See 1992.115).

Under 1992.115 the regulation conditions waiver on an application and "after three days' notice to all parties," so a waiver granted without the required notice could be subject to challenge. The text places the three-day notice requirement as a condition before a waiver may be issued (1992.115).

What to do if notice was not given:

• Raise the lack of notice immediately in a motion or response asking the ALJ to reconsider or to provide the mandated notice.
• If the ALJ still issues relief, you can preserve the issue for any review by the ARB.

(See 1992.115).

Under 1992.115 no—an ALJ's waiver is case-specific and does not automatically bind other cases, although the reasoning may be cited as persuasive; the ARB on review may set precedential guidance if it chooses. The regulation allows the ALJ or ARB to waive rules "in special circumstances" but does not create automatic, preclusive effect across other matters (1992.115).

Practical point:

• If you want broader or binding guidance, an ARB decision on review is more likely to be treated as authoritative across similar cases than a single ALJ order.

(See 1992.115 and general Part 1992).