1 Both Jackson and Wyatt Transfer appeared pro se below and before this Board.
2 As noted, Jackson also appears to object to the admission of Respondent's Exhibits (RX) 1, 2, 5, 6, and 7 because they were not certified. See June 18, 2001 letter from Jackson to the ARB. We construe this objection as relating to the authenticity of the exhibits. RX 1 and 2 are letters that the ALJ requested Chewning to submit prior to the hearing and thus fall within the ambit of 29 C.F.R. § 18.50 ("The authenticity of all documents submitted as proposed exhibits in advance of the hearing shall be deemed admitted unless written objection thereto is filed prior to the hearing . . . ."). Because the record does not contain a written objection filed by Jackson prior to the hearing, we deem RX 1 and 2 authentic. As to the post-hearing exhibits RX 5, 6, and 7, upon remand, Jackson may bring his objection to the ALJ's attention.
3 The STAA regulations provide that upon good cause shown and after three days notice to all parties and Intervenors the judge may "waive any rule or issue such orders as justice or the administration of section 405 requires." 29 C.F.R. § 1978.115. However, in this case the ALJ did not show good cause for failing to administer an oath, nor did he give the parties three days notice.
4 We note that Wyatt did not argue waiver or default. In fact, Wyatt did not file a brief or otherwise oppose Jackson's objections to the R. D. & O.