Extensions of time are generally granted or denied at the discretion of the presiding
administrative law judge, or, if the case is not yet assigned, by the Chief Judge or Associate
Chief Judge responsible for the case area. Whether an extension is granted is dependent on a
number of factors, such as whether the request is made in a timely fashion (prior to expiration of
the period in which an action should have been completed), whether other parties in the case are
opposed to a continuance, whether prior continuances have been granted, the nature of the case,
and the reason for the request. Most judges will require that a request for an extension be in
writing. Filing such a motion by fax is usually permitted, but permission to file by fax must be
obtained from the presiding judge. If the presiding judge is not available, a fax must explain the
circumstances requiring that the document be filed by fax rather than regular mail. See
20 C.F.R. § 18.3(f)(1).
If a case has not yet been assigned to a presiding judge, motions may be directed to the
following:
BALCA (permanent alien labor certification): Chief Administrative Law Judge
Board of Contract Appeals: Chief Administrative Law Judge
Settlement Judge: Chief Administrative Law Judge
Black Lung cases: Associate Chief Administrative Law Judge for Black Lung
Longshore cases: Associate Chief Administrative Law Judge for Longshore
All other cases: Associate Chief Administrative Law Judge for Traditional
