Office of Administrative Law Judge Case Files
None.
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.
Claimants, complainants, respondents, and other party litigants in
cases referred to OALJ for hearing and decision.
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.
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.
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.
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.
None.
Paper records are maintained in file folders. Electronic versions of
ALJ orders and decisions are also stored in electronic media.
Retrieval By Case Number.
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.
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.
Director of Program Operations, U.S. Department of Labor, Office of
Administrative Law Judges (OALJ), 800 K St., NW, Washington, DC 20001.
Inquiries regarding the existence of records should be in the form of a
written, signed request to the above address.
As in notification procedures.
As in notification procedures.
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.
None.
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