Waiver of rules in special cases

Under 24.115, the ALJ or the ARB on review may waive rules or issue orders in special circumstances or for good cause shown. This means an Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) can relax procedural rules in a case if justice or the administration of the underlying statutes requires it (24.115).

• This authority is limited to the rules in this part and to issuing orders that are necessary for fair administration of the listed statutes. See the general part for context (Part 24).
• The waiver is discretionary and only granted upon application and after notice to the parties.

Under 24.115, either the Administrative Law Judge (ALJ) presiding over the case or the Administrative Review Board (ARB) on review may grant a waiver. The rule explicitly authorizes the ALJ or the ARB to act when justice or the administration of the statutes requires such action (24.115).

• Use of the ARB applies when the case is on appellate review; the ALJ acts during the original proceeding. See Part 24 for the broader procedural framework.

Under 24.115, a waiver may be granted "upon application," which means a party to the proceeding must ask the ALJ or ARB to waive a rule or issue an order. The rule requires the decision-maker to act only after an application is made and after giving notice to all parties (24.115).

• The text does not limit which party may apply, so any party to the case typically may file the application.
• The application should explain the special circumstances or good cause for the waiver and allow the other parties the required notice to respond.

Under 24.115, the ALJ or ARB must give three days' notice to all parties before waiving any rule or issuing any order on application. The waiver may only be made "after three days notice to all parties" (24.115).

• The rule sets a minimum notice period of three days; parties should use that time to prepare any objections.
• The provision does not prescribe the form of notice, so parties should follow the case-specific filing and service procedures in Part 24.

Under 24.115, "special circumstances" or "good cause" are situations not fully addressed by the part where fairness or proper administration of the underlying statutes requires a different course. The regulation allows the ALJ or ARB to act when the ordinary rules would be inadequate or would produce injustice (24.115).

• Examples that commonly meet this standard include unforeseen emergencies, unique procedural issues not contemplated by the rules, or clear circumstances where strict application would block a party from a fair opportunity to be heard.
• The rule is discretionary—what qualifies depends on the facts presented to the ALJ or ARB and the showing made in the application.

Under 24.115, the ALJ or ARB may waive rules or issue orders "that justice or the administration of any of the statutes listed in 24.100(a) requires," but the rule does not authorize overturning or nullifying the statutes themselves. In short, waivers apply to procedural rules in the part and to orders needed to administer the statutes; they do not allow decision-makers to override statutory mandates (24.115).

• If a statute imposes a specific legal requirement, an ALJ or ARB cannot use 24.115 to eliminate that statutory obligation.
• Waivers are meant to address procedural or administrative rules within the part when fairness or administration of the statutes calls for it.

Under 24.115, parties get three days' notice before a waiver is issued, which gives them an opportunity to oppose the application; they should use that notice period to file objections or a response with the ALJ or ARB (24.115).

• The rule does not prescribe the exact method of opposition, so objecting parties should follow the filing and service rules in Part 24 to ensure their response is considered.
• Timely, written objections explaining why the waiver would be prejudicial or unnecessary are the clearest way to preserve arguments against the requested relief.

Under 24.115, an ALJ or ARB may issue any orders that justice or the administration of the statutes requires; this includes procedural or case-management orders tailored to the special circumstances presented (24.115).

• Typical examples include orders extending or shortening filing deadlines, modifying hearing schedules, or changing discovery procedures when warranted by special circumstances.
• The scope is limited to what is necessary to ensure a fair and effective administration of the laws referenced in Part 24.

Under 24.115, the rule requires that a waiver be granted "upon application," but it does not prescribe the specific filing format or procedural steps for that application. Parties should follow the general filing and service procedures in Part 24 when submitting an application to an ALJ or the ARB (24.115).

• Because 24.115 sets the substantive standard (special circumstances/good cause and three days' notice), practitioners commonly file a written motion or application describing the requested waiver and the reasons for it.
• If you are unsure about local or case-specific filing rules, check the procedural sections of Part 24 or contact the clerk handling the matter.

Under 24.115, the rule explicitly allows the Administrative Review Board (ARB) on review to waive rules or issue orders, so the ARB can act on waiver requests while the case is on review, subject to the same requirements (application and three days' notice) (24.115).

• This means if a party presents special circumstances on appeal, the ARB has the authority to grant appropriate procedural relief as needed for the administration of the statutes listed in Part 24.
• Parties should provide the ARB with the grounds for waiver and allow three days' notice to the opposing party.

Under 24.115, it is appropriate to request a waiver when the situation involves special circumstances not contemplated by the rules or when you can show good cause that strictly following a rule would produce unfairness or impede the proper administration of the statutes. The regulation allows waivers only in those situations and requires an application plus three days' notice (24.115).

• Typical reasons to seek a waiver include unique or unforeseen events (for example, an emergency that prevents meeting a deadline) or procedural gaps in the rules that would otherwise prejudice a party.
• When deciding whether to ask for a waiver, explain clearly in your application how the special circumstances justify relief and provide the other parties with the required notice.

Under 24.115, the regulation does not specify time limits for how long a waiver or order may remain in effect; it only authorizes the ALJ or ARB to waive rules or issue orders as justice or administration of the statutes requires after an application and three days' notice (24.115).

• Because the text provides no fixed duration, the scope and length of any waiver or order are determined by the ALJ or ARB in their discretion, based on the circumstances presented.
• If duration is important to a party, request that the ALJ or ARB specify the time limits or conditions in the order itself.