DOL/OALJ-2

SYSTEM NAMES:

Office of Administrative Law Judge Case Files

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Unassigned case files are maintained by the Chief Administrative Law Judge or a District Chief Administrative Law Judge. Assigned case files are maintained by the presiding administrative law judge. Files may be located in the National Office, U.S. Department of Labor, Office of Administrative Law Judges (OALJ), 800 K St., NW, Washington, DC 20001, or in District offices.

CATEGORY OF INDIVIDUALS COVERED BY THE SYSTEM:

Claimants, complainants, respondents, and other party litigants in cases referred to OALJ for hearing and decision.

CATEGORY OF RECORDS IN THE SYSTEM:

Records may contain claim files, determinations and referral letters from the agency with initial claim development or investigatory responsibility; documents proffered as evidence; pleadings, motions and other submissions by litigants; administrative law judge orders, and decisions and orders; the hearing transcript; and other documents and information necessary to hear and decide cases.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Administrative Procedure Act, 5 U.S.C. 553, 554, 556, 557, 571 et seq.; Age Discrimination Act of 1975, 42 U.S.C. 6103; 29 CFR Part 34; Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.; 29 CFR Part 34; Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-1; 29 CFR Part 31; Clean Air Act, 42 U.S.C. 7622; 29 CFR Part 24; Comprehensive Employment and Training Act, 29 U.S.C. 801-999 (Supp. V 1981); 20 CFR Part 676 (1990); Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9610; 29 CFR Part 24; Contract Disputes Act, 41 U.S.C. 601 et seq.; 41 CFR Part 29-60; 48 CFR 2933.203.70; Contract Work Hours and Safety Standards Act, 40 U.S.C. 327 et seq.; 29 CFR Part 6; Copeland Act, 40 U.S.C. 276c; 29 CFR Part 6; Davis-Bacon Act, as amended, 40 U.S.C. 276a- 276a-7; 29 CFR Part 6; Debt Collection Act of 1982, 31 U.S.C. 3711(f); 29 CFR Part 20;

Title IX of the Education Amendments of 1972, 20 U.S.C. 1682; 29 CFR Part 34; Employee Polygraph Protection Act of 1988, 29 U.S.C. 2005; 29 CFR Part 801, Subpart E; Employee Retirement Income Security Act of 1974, 29 U.S.C. 1132 and 1135; 29 CFR Parts 2560 and 2570; Energy Reorganization Act of 1974, as amended, 42 U.S.C. 5851; 29 CFR Part 24; Equal Access to Justice Act, 5 U.S.C. 504; 29 CFR Part 16; Executive Order No. 11,246, as amended, 3 CFR 339 (1964-1965 Comp.); reprinted in 42 U.S.C. 2000e app.; 41 CFR Parts 60-1 and 60-30; Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 211(d); 29 CFR Part 530, Subpart E; Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 214(c); 29 CFR Part 525; Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 216(e); 29 CFR Part 580; Title IV of the Federal Mine Safety and Health Act of 1977, as amended, 33 U.S.C. 901 et seq.; 20 CFR Parts 410, 718, 725 and 727; Federal Unemployment Tax Act, 26 U.S.C. 3303(b)(3), 3304(c); Federal Unemployment Tax Act (addressing agreements under the Trade Act of 1974, as amended), 26 U.S.C. 3302(c)(3); 20 CFR Part 617; Federal Water Pollution Control Act, 33 U.S.C. 1367; 29 CFR Part 24; Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(15)(H), 1184 and 1186; 29 CFR Part 501, Subpart C; Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(15)(H), 1182, 1184, 1188, 1288(c); 20 CFR Part 655; Immigration and Nationality Act, as amended, 8 U.S.C. 1182(a)(5)(A); 20 CFR Part 656; Job Training Partnership Act, 29 U.S.C. 1576; 20 CFR Part 627; Labor-Management Reporting & Disclosure Act of 1959, 5 U.S.C. § 7120; 29 CFR Part 458; Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 et seq. (and its extensions Defense Base Act, Outer Continental Shelf Lands Act, District of Columbia Workmen's Compensation Act, 36 DC Code 501 et seq.; Nonappropriated Fund Instrumentalities Act); 20 CFR Parts 701, 702 and 704; McNamara-O'Hara Service Contract Act, as amended, 41 U.S.C. 351 et seq.; 29 CFR Part 6; Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1813, 1853; 29 CFR Part 500, Subpart F; National Apprenticeship Act, 29 U.S.C. 50; 29 CFR Parts 29 and 30; Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3803; 29 CFR Part 22; Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793; 41 CFR Part 60-741, Subpart B; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; 29 CFR Part 32; Reorganization Plan No. 14 of 1950; and 29 CFR Part 6; Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, 29 CFR Part 18; Safe Drinking Water Act, 42 U.S.C. 300j-9(i); 29 CFR Part 24; Single Audit Act of 1984, 31 U.S.C. 7505; OMB Circular Nos. A-128 and A-110; 29 CFR Part 96, Subpart 96.6; Social Security Act, 42 U.S.C. 503; 20 CFR Part 601; Solid Waste Disposal Act, 42 U.S.C. 6971; 29 CFR Part 24; Surface Transportation Assistance Act, 49 U.S.C. 31105; 29 CFR Part 1978; Toxic Substances Control Act, 15 U.S.C. 2622; 29 CFR Part 24; Vietnam Era Veterans Readjustment Assistance Act, as amended, 38 U.S.C. 4211, 4212; 41 CFR Part 60-250, Subpart B; Wagner-Peyser Act, as amended, 29 U.S.C. 49 et seq.; 20 CFR

Part 658; Walsh-Healey Public Contracts Act, as amended, 41 U.S.C. 38; 41 CFR Part 50-203; Workforce Investment Act of 1998, 29 U.S.C. 2801 et seq.; other statutes, executive orders and regulations providing for an administrative law judge hearing as they may become applicable in the future.

PURPOSE(S):

To maintain the court records for public administrative-adjudicative hearings. These records and information in these records are used as the court record in administrative law judge hearings conducted pursuant to 5 U.S.C. §§ 552, 553, 554, 556 and 557 and/or a variety of particular statutes and Executive Orders. The purpose of the system is the adjudication of cases and determination of issues in hearings and appeals proceedings.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

When necessary, information from the case files maybe disclosed to individuals in other matters pending before the Office of Administrative Law Judges. Information may be disclosed to contractors for hearing-related functions.

Since the administrative law judges proceedings conducted by the Office of Administrative Law Judges are public, case files are available for public inspection under the Freedom of Information Act, 5 U.S.C. 552. Administrative law judge and Administrative Review Board decisions are posted on the Internet at www.oalj.dol.gov, see 5 U.S.C. 552(a)(2)(A) and (E), and may be distributed to publishers.

See also routine uses listed in the General Prefatory Statement to this document.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records are maintained in file folders. Electronic versions of ALJ orders and decisions are also stored in electronic media.

RETRIEVABILITY:

Retrieval By Case Number.

SAFEGUARDS:

Paper records are maintained in filing cabinets to which only authorized personnel have access. Computer records have security limiting access to authorized users. Most records, however, are public court documents available for inspection under the Freedom of Information Act, 5 U.S.C. 552.

RETENTION AND DISPOSAL:

In cases where OALJ is the official custodian, inactive case files are retained for three years before being sent to a Federal Records Center. The Federal Records Center retains the files for an additional fifteen years before they are authorized for destruction, except for certain cases designated as precedent setting, which become permanent records. In cases where OALJ is not the official custodian, for example matters relating to Black Lung and Longshore (and extensions) cases, the official file is transferred to the appropriate federal custodial agency. When a case is appealed, the case file is forwarded to the appropriate administrative appellate agency, such as the Benefits Review Board, or the Administrative Review Board.

SYSTEM MANAGER(S) AND ADDRESS:

Director of Program Operations, U.S. Department of Labor, Office of Administrative Law Judges (OALJ), 800 K St., NW, Washington, DC 20001.

NOTIFICATION PROCEDURES:

Inquiries regarding the existence of records should be in the form of a written, signed request to the above address.

RECORD ACCESS PROCEDURES:

As in notification procedures.

CONTESTING RECORD PROCEDURES:

As in notification procedures.

RECORD SOURCE CATEGORIES:

Records may include information submitted by the agency with initial claims development or investigatory responsibility, claimants, complainants, respondents, and other parties to the case, amicus curiae, administrative law judges involved in case, the court reporter, and in the case of remanded cases, the administrative-appellate body or federal court.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.