OSHA 2200.60
Notice of hearing procedures
Questions & Answers
Under 2200.60, what minimum notice is required if a hearing is rescheduled or there are exigent circumstances?
If a hearing is rescheduled or exigent circumstances are present, the Judge must give at least 10 days' notice. That reduced-notice rule is stated in 2200.60.
Under 2200.60 and 2200.103, can the 30-day notice requirement be shortened for expedited proceedings?
Yes. The 30-day notice requirement does not apply when the parties agree otherwise or when the case is in an expedited proceeding under 2200.103, so a Judge may set a shorter notice period in those circumstances. See 2200.60 for the general notice rule and 2200.103 for expedited-proceeding procedures.
Under 2200.60, who must receive notice of the time, place, and nature of the hearing?
The Judge must give notice to the parties and any intervenors of the time, place, and nature of the hearing. That requirement is specified in 2200.60.
Under 2200.60, what does the statute mean by the "nature of the hearing"?
The "nature of the hearing" means a clear description of what the hearing is about (for example, a contest of a citation or a penalty dispute). 2200.60 requires notice of the time, place, and nature so parties understand the subject and scope of the proceeding.
Under 2200.60, can the parties agree to waive the 30-day notice period?
Yes. The 30-day notice requirement can be shortened or waived by agreement of the parties. 2200.60 explicitly allows the Judge to give less than 30 days' notice if the parties agree.
Under 2200.60, what factors should the Judge consider when designating the hearing location and time?
The Judge should choose a place and time that involve as little inconvenience and expense to the parties as practicable. 2200.60 sets this standard, so practical factors like travel distance, availability of facilities, and scheduling fairness are relevant when selecting venue and date.
Under 2200.60, does the rule specify how notice must be served to parties and intervenors?
No; 2200.60 requires that parties and intervenors receive notice of the time, place, and nature of the hearing, but it does not set the specific method of service. For procedural service rules, consult the broader Part 2200 rules that govern practice and procedure before the Review Commission.
Under 2200.60, if a party objects to a hearing location on grounds of inconvenience, what can they reasonably ask the Judge to do?
A party can request that the Judge select a different time or place that reduces inconvenience and expense, because 2200.60 directs the Judge to designate a place and time that involve as little inconvenience and expense as practicable. File a timely motion explaining specific hardship and proposed alternatives to give the Judge a basis for change.
Under 2200.60, does the 10-day short notice rule apply when a hearing is first set?
Under 2200.60, who decides whether circumstances are "exigent" so that only 10 days' notice is required?
The Judge decides whether circumstances are exigent. 2200.60 permits at least 10 days' notice when exigent circumstances are present, which is a factual determination the Judge will make based on the situation and filings from the parties.
Under 2200.60, do intervenors get the same minimum notice periods as the parties?
Yes. Intervenors must receive the same notice of the time, place, and nature of the hearing as the parties, because 2200.60 requires notice to be given to the parties and intervenors.
Under 2200.60, may a Judge hold a hearing by telephone or video to reduce inconvenience and expense?
Yes, a Judge may consider remote proceedings as a way to reduce inconvenience and expense, because 2200.60 directs the Judge to designate a time and place that involve as little inconvenience and expense as practicable; however, any specific authority or procedures for remote hearings will be governed by other Part 2200 rules, so check the general Part 2200 rules for procedural details.
Under 2200.60, what should a party do if they receive less than the required notice and cannot reasonably appear?
If a party receives less than the required notice and cannot reasonably appear, they should promptly file a motion with the Judge explaining the insufficient notice, the resulting prejudice, and request a continuance or rescheduling. Cite 2200.60 in the motion to support the requested relief.
Under 2200.60, can the Judge combine multiple matters into one hearing to reduce inconvenience and expense?
Yes. Consolidating related matters may be appropriate to reduce inconvenience and expense, consistent with 2200.60's directive that the Judge designate a place and time involving as little inconvenience and expense as practicable. Any consolidation should also follow the Part 2200 rules on joinder and procedure in the broader Part 2200.
Under 2200.60, are settlement agreements required to be posted on OSHA's website?
Major settlement agreements are posted on OSHA's website, but most settlement agreements are not placed on the public web site even though they remain subject to disclosure under FOIA. OSHA explained this practice in its letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 and noted that settlement agreements should be posted in the same manner employers post citations under the rules at Part 2200 (see also the letter's reference to 29 CFR 2200.100(c)).
Under 2200.60, when the parties agree to a different notice period, should that agreement be filed with the Judge?
Yes. If the parties agree to a different notice period or scheduling arrangement, they should promptly notify or file the agreement with the Judge so the record reflects the waiver or change. 2200.60 permits party agreement to alter the 30-day rule, and putting the agreement on the record avoids later disputes about notice.
Under 2200.60, does the rule apply only to in-person hearings, or does it also cover hearings conducted electronically or by phone?
The notice requirements in 2200.60 apply to hearings generally, whether in person or conducted electronically; the Judge must still give parties and intervenors notice of the time, place (or virtual location), and nature of the hearing within the prescribed notice periods. For procedural rules on electronic hearings, consult the broader Part 2200 provisions.