(a) General provision. These rules govern formal adversarial
adjudications conducted by the United States Department of Labor before
a presiding officer.
(1) Which are required by Act of Congress to be determined on the
record after opportunity for an administrative agency hearing in
accordance with the Administrative Procedure Act, 5 U.S.C. 554, 556 and
557, or
(2) Which by United States Department of Labor regulation are
conducted in conformance with the foregoing provisions. Presiding
officer, referred to in these rules as the judge, means an
Administrative Law Judge, an agency head, or other officer who presides
at the reception of evidence at a hearing in such an adjudication.
(b) Rules inapplicable. The rules (other than with respect to
privileges) do not apply in the following situations:
(1) Preliminary questions of fact. The determination of questions of
fact preliminary to admissibility of evidence when the issue is to be
determined by the judge under Sec. 18.104.
(2) Longshore, black lung, and related acts. Other than with respect
to Secs. 18.403, 18.611(a), 18.614 and without prejudice to current
practice, hearings held pursuant to the Longshore and Harbor Workers'
Compensation Act, 33 U.S.C. 901; the Federal Mine Safety and Health Act
(formerly the Federal Coal Mine Health and Safety Act) as amended by the
Black Lung Benefits Act, 30 U.S.C. 901; and acts such as the Defense
Base Act, 42 U.S.C. 1651; the District of Columbia Workmen's
Compensation Act, 36 DC Code 501; the Outer Continental Shelf Lands Act,
43 U.S.C. 1331; and the Nonappropriated Fund Instrumentalities Act, 5
U.S.C. 8171, which incorporate section 23(a) of the Longshore and Harbor
Workers' Compensation Act by reference.
(c) Rules inapplicable in part. These rules do not apply to the
extent inconsistent with, in conflict with, or to the extent a matter is
otherwise specifically provided by an Act of Congress, or by a rule or
regulation of specific application prescribed by the United States
Department of Labor pursuant to statutory authority, or pursuant to
executive order.
