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September 17, 2008         DOL Home > OALJ Home   

Can I review the case file?

Your lawyer should have copies of all documents filed with the administrative law judge, and should be able to assist you in viewing those documents.

Generally, all documents filed with an administrative law judge are public records and are available at the presiding judge's office, or if the case is not yet assigned, through the clerk's office. By way of exception, some documents are sealed by special court order, and some documents are confidential by operation of law, such as trade secrets and confidential financial or commercial information.

Before OALJ can permit a viewing of a case file, the file must be reviewed to prevent disclosure of any non-public information. Thus, you must make an appointment to review a file.

Fees are assessed in accordance with the Department of Labor's Freedom of Information Act regulations at 29 C.F.R. Part 70.

In permanent alien labor certification cases, the Certifying Officer is required to provide an index of the appeal file to the employer and the alien, and to afford access to the complete Appeal File at the office of the Certifying Officer, for the purpose of satisfying the employer and the alien as to the contents. 20 C.F.R. §656.26(c)(6)(2001)

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