TITLE 29--LABOR
SUBTITLE A--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
§ 18.3 Service and filing of documents.
(a) Generally. Except as otherwise provided in this
part, copies of all documents shall be served on all parties of
record. All documents should clearly designate the docket number,
if any, and short title of the matter. If the matter involves a
program administered by the Office of Workers' Compensation
Programs (OWCP), the document should contain the OWCP number in
addition to the docket number. All documents to be filed shall be
delivered or mailed to the Chief Docket Clerk, Office of
Administrative Law Judges (OALJ), 800 K Street, NW., Suite 400,
Washington, DC 20001-8002, or to the OALJ Regional Office to
which the proceeding may have been transferred for hearing. Each
document filed shall be clear and legible.
(b) How made; by parties. All documents shall be filed
with the Office of Administrative Law Judges, except that notices
of deposition, depositions, interrogatories, requests for
admissions, and answers and responses thereto, shall not be so
filed unless the presiding judge so orders, the document is being
offered into evidence, the document is submitted in support of a
motion or a response to a motion, filing is required by a
specialized rule, or there is some other compelling reason for
its submission. Whenever under this part [*26971] service by a
party is required to be made upon a party represented by an
attorney or other representative the service shall be made upon
the attorney or other representative unless service upon the
party is ordered by the presiding administrative law judge.
Service of any document upon any party may be made by personal
delivery or by mailing a copy to the last known address. The
person serving the document shall certify to the manner and date
of service.
(c) By the Office of Administrative Law Judges.
Service of notices, orders, decisions and all other documents,
except complaints, shall be made by regular mail to the last
known address.
(d) Service of complaints. Service of
complaints or charges in enforcement proceedings shall be made
either: (1) By delivering a copy to the individual, partner,
officer of a corporation, or attorney of record; (2) by leaving a
copy at the principal office, place of business, or residence;
(3) by mailing to the last known address of such individual,
partner, officer or attorney. If done by certified mail, service
is complete upon mailing. If done by regular mail, service is
complete upon receipt by addressee.
(e) Form of pleadings. (1) Every pleading shall
contain a caption setting forth the name of the agency under
which the proceeding is instituted, the title of the proceeding,
the docket number assigned by the Office of Administrative Law
Judges, and a designation of the type of pleading or paper (e.g.,
complaint, motion to dismiss, etc.). The pleading or papers shall
be signed and shall contain the address and telephone number of
the party or person representing the party. Although there are no
formal specifications for documents, they should be typewritten
when possible on standards size (8 1/2 x 11) paper legal size (8
1/2 x 14) paper will not be accepted after July 31, 1983.
(2) Illegible documents, whether handwritten,
typewritten, photocopied, or otherwise will not be accepted.
Papers may be reproduced by any duplicating process, provided all
copies are clear and legible.
(1) Filing by a party; when permitted. Filings
by a party may be made by facsimile (fax) when explicitly
permitted by statute or regulation, or when directed or permitted
by the administrative law judge assigned to the case. If prior
permission to file by facsimile cannot be obtained because the
presiding administrative law judge is not available, a party may
file by facsimile and attach a statement of the circumstances
requiring that the document be filed by facsimile rather than by
regular mail. That statement does not ensure that the filing will
be accepted, but will be considered by the presiding judge in
determining whether the facsimile will be accepted nunc pro
tunc as a filing.
(2) Service by facsimile; when permitted.
Service upon a party by another party or by the administrative
law judge may be made by facsimile (fax) when explicitly
permitted by statute or regulation, or when the receiving party
consents to service by facsimile.
(3) Service sheet and proof of service.
Docments filed or served by facsimile (fax) shall include a
service sheet which states the means by which filing and/or
service was made. A facsimile transmission report generated by
the sender's facsimile equipment and which indicates that the
transmission was successful shall be presumed adequate proof of
filing or service.
(4) Cover sheet. Filings or service by
facsimile (fax) shall include a cover sheet that identifies the
sender, the total number of pages transmitted, and the caption
and docket number of the case, if known.
(5) Originals. Documents filed or served by
facsimile (fax) shall be presumed to be accurate reproductions of
the original document until proven otherwise. The party
proferring the document shall retain the original in the event of
a dispute over authenticity or the accuracy of the transmission.
The original document need not be submitted unless so ordered by
the presiding judge, or unless an original signature is required
by statute or regulation. If an original signature is required to
be filed, the date of the facsimile transmission shall govern the
effective date of the filing provided that the document
containing the original signature is filed within ten calendar
days of the facsimile transmission.
(6) Length of document. Documents filed by
facsimile (fax) should not exceed 12 pages including the cover
sheet, the service sheet and all accompanying exhibits or
appendices, except that this page limitation may be exceeded if
prior permission is granted by the presiding judge or if the
document's length cannot be conformed because of statutory or
regulatory requirements.
(7) Hours for filing by facsimile. Filings by
facsimile (fax) should normally be made between 8:00 am and 5:00
pm, local time at the receiving location.
(g) Filing and service by courier service.
Documents transmitted by courier service shall be deemed
transmitted by regular mail in proceedings before the Office of
Administrative Law Judges.
[48 FR 32538, July 15, 1983, as amended at 56 FR 54708, Oct. 22,
1991, 59 FR 41874, Aug. 15, 1994 and 60 FR 26970, May 19,
1995]
§ 18.4 Time computations.
(a) Generally. In computing any period of time
under these rules or in an order issued hereunder the time begins
with the day following the act, event, or default, and includes
the last day of the period, unless it is a Saturday, Sunday or
legal holiday observed by the Federal Government in which case
the time period includes the next business day. When the period
of time prescribed is seven (7) days or less, intermediate
Saturdays, Sundays, and holidays shall be excluded in the
computation.
(b)Date of entry of orders. In computing any period of
time involving the date of the entry of an order, the date of
entry shall be the date the order is served by the Chief Docket
Clerk.
(c) Computation of time for delivery by mail.
(1) Documents are not deemed filed until received by the Chief
Clerk at the Office of Administrative Law Judges. However, when
documents are filed by mail, five (5) days shall be added to the
prescribed period.
(2) Service of all documents other than complaints is
deemed effected at the time of mailing.
(3) Whenever a party has the right or is required to
take some action within a prescribed period after the service of
a pleading, notice, or other document upon said party, and the
pleading, notice or document is served upon said party by mail,
five (5) days shall be added to the prescribed period.
(d)Filing or service by facsimile.
Filing or service by facsimile (fax) is effective upon receipt of
the entire document by the receiving facsimile machine. For
purposes of filings by facsimile the time printed on the
transmission by the facsimile equipment constitutes the date
stamp of the Chief Docket Clerk.