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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 18  

Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges

 

 

 

Subpart A  

General


29 CFR 18.2 - Definitions.

  • Section Number: 18.2
  • Section Name: Definitions.

    For purposes of these rules:


    (a) Adjudicatory proceeding means a judicial-type proceeding leading 


to the formulation of a final order;


    (b) Administrative law judge means an administrative law judge 


appointed pursuant to the provisions of 5 U.S.C. 3105 (provisions of the 


rules in this part which refer to administrative law judges may be 


applicable to other Presiding Officers as well);


    (c) Administrative Procedure Act means those provisions of the 


Administrative Procedure Act, as codified, which are contained in 5 


U.S.C. 551 through 559;


    (d) Complaint means any document initiating an adjudicatory 


proceeding, whether designated a complaint, appeal or an order for 


proceeding or otherwise;


    (e) Hearing means that part of a proceeding which involves the 


submission of evidence, either by oral presentation or written 


submission;


    (f) Order means the whole or any part of a final procedural or 


substantive disposition of a matter by the administrative law judge in a 


matter other than rulemaking;


    (g) Party includes a person or agency named or admitted as a party 


to a proceeding;


    (h) Person includes an individual, partnership, corporation, 


association, exchange or other entity or organization;


    (i) Pleading means the complaint, the answer to the complaint, any 


supplement or amendment thereto, and any reply that may be permitted to 


any answer, supplement or amendment;


    (j) Respondent means a party to an adjudicatory proceeding against 


whom findings may be made or who may be required to provide relief or 


take remedial action;


    (k) Secretary means the Secretary of Labor and includes any 


administrator, commissioner, appellate body, board, or other official 


thereunder for purposes of appeal of recommended or final decisions of 


administrative law judges;


    (l) Complainant means a person who is seeking relief from any act or 


omission in violation of a statute, executive order or regulation;


    (m) The term petition means a written request, made by a person or 


party, for some affirmative action;


    (n) The term Consent Agreement means any written document containing 


a specified proposed remedy or other relief acceptable to all parties;


    (o) Commencement of Proceeding is the filing of a request for 


hearing, order of reference, or referral of a claim for hearing.
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