Hearings procedures for complaints

Proceedings are governed by the Office of Administrative Law Judges rules of practice, procedure, and evidence in 29 CFR part 18 unless this part says otherwise. The hearings follow the same practice and evidence rules used for administrative hearings before the Office of Administrative Law Judges as stated in 24.107(a) and the broader 24.

The Chief Administrative Law Judge promptly assigns the case to an Administrative Law Judge after receipt of an objection and request for a hearing. This assignment and related timing requirements are set out in 24.107(b) and the overall part 24.

The assigned judge must notify the parties of the day, time, and place of the hearing. This notification requirement is specified in 24.107(b) and applies within the procedures described in 24.

The hearing must commence expeditiously unless there is a showing of good cause or the parties agree otherwise. The regulation requires prompt scheduling but allows delay for good cause or mutual party agreement, as stated in 24.107(b).

Hearings are held as new proceedings and are decided based on the official record created at the hearing rather than relying solely on prior findings. The phrase "de novo, on the record" in 24.107(b) means the Administrative Law Judge will take evidence and make determinations from the hearing's record following the practice rules in 24.

If both parties object to the findings and/or order, their objections will be consolidated and a single hearing will be conducted. This consolidation rule is set forth in 24.107(c) and is part of the overall 24 procedures.

Yes — a hearing's start may be delayed if the parties agree to the delay or if good cause is shown. 24.107(b) requires hearings to commence expeditiously but explicitly allows postponement for good cause or by party agreement.

The regulation requires the judge to notify the parties of the day, time, and place of the hearing but does not specify whether that notice must be written or oral. The notification requirement is described in 24.107(b) within the procedures of 24.

When the regulation says "Except as provided in this part," it means that the general rules of practice and evidence in 29 CFR part 18 apply unless a specific provision in this part (Part 24) provides a different rule. That general-then-specific rule is explained in 24.107(a) and is part of the overall framework in 24.

Yes — pre-hearing procedures fall under the rules of practice and procedure in 29 CFR part 18 unless Part 24 provides an alternative. 24.107(a) incorporates those part 18 rules into hearings under Part 24, subject to any Part 24-specific provisions.

Yes — an objection and request for hearing by a party triggers assignment of a judge and scheduling of a hearing, as described in 24.107(b). Consolidation under 24.107(c) applies only when both parties object.

The regulation allows changes to the hearing schedule when good cause is shown or the parties agree, so an assigned judge can change the date for those reasons. This scheduling flexibility is described in 24.107(b) and follows the procedures in 24.