Stay of proceedings rules

You must file a motion for stay with the Judge that conforms to 2200.40 and also send a copy to the Chief Administrative Law Judge, as required by 2200.63(a).

• The motion must state the position of the other parties (either as a joint motion or by explaining the other parties' positions as represented by the moving party).
• The motion must explain why the stay is sought and specify how long of a stay is requested.

The motion must state the position of the other parties either by filing a joint motion or by the moving party representing those positions, per 2200.63(a).

• If the parties agree, the motion should be joint and clearly say so.
• If the moving party files alone, the motion must describe the other parties' positions as known to the mover (e.g., opposed, consenting, or not responding).

The motion must state the length of the stay requested and explain why that specific period is needed, as required by 2200.63(a).

• Provide factual reasons and any scheduling or procedural considerations that support the requested duration.
• If you anticipate needing more time later, explain the basis and plan for seeking an extension.

It means stays are discretionary and will be granted only for good cause; a party seeking a stay must show convincing reasons, since judges generally prefer to proceed without delay, as stated in 2200.63(a).

• Because stays are disfavored, include specific and persuasive facts in the motion (e.g., ongoing settlement negotiations, related litigation, or extraordinary circumstances).
• The Judge will weigh prejudice to the parties and the public interest when deciding whether to grant a stay.

A Judge may grant a stay, but the grant requires the concurrence of the Chief Administrative Law Judge, according to 2200.63(b).

• The Judge may grant the stay for the exact period requested or for a different period the Judge (with the Chief ALJ's concurrence) believes is appropriate.
• Because concurrence is required, expect a decision process involving both the presiding Judge and the Chief ALJ.

Yes. The Judge, with the concurrence of the Chief Administrative Law Judge, can grant the period requested or a different period the Judge finds appropriate, as provided in 2200.63(b).

• If you need a longer stay than the Judge grants, you must request an extension and justify it to the Judge (and obtain concurrence as required).
• If you get a shorter stay than requested, plan to resume proceedings according to the Judge's order.

Parties must submit periodic reports at intervals no longer than 90 days unless the Judge orders a different schedule, per 2200.63(c).

• The Judge may set the exact terms and content of the reports.
• If the Judge orders more frequent reporting, comply with the Judge’s schedule.

A periodic report should include the information the Judge directs, but typically it should briefly describe progress or lack of progress on the matters justifying the stay and any anticipated next steps, consistent with 2200.63(c).

• Common report items: status of settlement talks or related litigation, timelines, actions taken since the last report, and any new developments affecting the stay.
• Always follow any specific form or content requirements the Judge sets in the stay order.

You must file the motion for stay with the Judge and send a copy to the Chief Administrative Law Judge, as required by 2200.63(a).

• Also comply with the service and filing format rules in 2200.40 so other parties receive proper notice.
• Keep proof of service and filing in case the Judge or Chief ALJ requests confirmation.

No; a motion for stay must state the position of the other parties either as a joint motion or by representing their positions, so you should notify other parties or explain their position in the motion, per 2200.63(a).

• If immediate action is needed, explain the urgency in the motion and describe attempts to contact other parties and their known positions.
• Follow 2200.40 for filing and service procedures.

The regulation does not specify exact penalties, but it authorizes the Judge to require periodic reports and therefore the Judge may issue orders or take appropriate action if parties fail to comply, under 2200.63(c).

• Practical steps: if you cannot meet a reporting deadline, notify the Judge promptly and request relief.
• Noncompliance may lead the Judge to modify or terminate the stay or impose other case-management measures.

Yes; the Judge may require periodic reports on such terms and conditions as the Judge directs as a condition of the stay, according to 2200.63(c).

• The stay order should state the content, frequency (no longer than 90 days unless otherwise ordered), and format of reports.
• Parties should follow the stay order closely to avoid jeopardizing the stay.

Yes; a party may ask the Judge to extend the stay, and the Judge (with the Chief Administrative Law Judge's concurrence) may grant the requested additional period or another period deemed appropriate, per 2200.63(b).

• File a motion to extend before the stay expires and explain why the extension is needed.
• Include updated periodic-report information and other supporting facts to justify the extension.

No; the rule requires that stay motions conform to 2200.40 and also specifies certain content (position of other parties, reasons for the stay, and requested length) in 2200.63(a).

• Follow the filing, service, and format rules in 2200.40.
• Include the additional required elements listed in 2200.63(a) so the Judge and Chief ALJ have what they need to decide.

The Chief Administrative Law Judge is the head of the Office of Administrative Law Judges and must concur with a Judge before a stay is granted, as required by 2200.63(b).

• The Chief ALJ’s involvement is an internal procedural requirement to ensure consistency in case management.
• For filing and service practices generally, consult part 2200 and the Judge’s office for local procedures.

Yes; because 2200.63 does not specify tolling of other procedural deadlines, you should expressly request any tolling or deadline relief in your stay motion and explain why it is needed, referencing 2200.63(a).

• Clearly state which deadlines you want tolled (e.g., discovery cutoffs, filing dates) and provide reasons.
• The Judge, with the Chief ALJ’s concurrence, will decide whether to grant such relief under 2200.63(b).

Some settlement agreements (generally major agreements) are posted on OSHA's website, but most settlement agreements are not posted online; however, they remain subject to disclosure under FOIA, according to OSHA's Letter of Interpretation dated September 27, 2004 (https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0).

• OSHA's Letter of Interpretation explains that major settlement agreements are posted, while the majority are not, though they can still be obtained through FOIA requests.
• The letter also notes that Commission rules at 29 CFR 2200.100(c) require settlement agreements to be posted in the same manner as citations and notices of contest.

Yes; while the default maximum interval is no longer than 90 days, the Judge may order a different (including more frequent) reporting schedule under 2200.63(c).

• The stay order should state the exact schedule and content of reports the Judge requires.
• Parties should comply with the Judge’s directions to maintain the stay.

Parties should promptly notify the Judge in writing and propose appropriate orders to either terminate or modify the stay, as the stay remains under the Judge’s control per 2200.63(b) and (c).

• A joint submission (if all parties agree) is the clearest way to inform the Judge and request disposition of the case.
• If only some parties agree, the notifying party should explain the positions of all parties as required by 2200.63(a).