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Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, 29 C.F.R. Part 18
The Part 18 Rules are the baseline rules of practice in proceedings before the Office of Administrative Law Judges. Litigants, however, should also consult the
procedural rules governing the matter in litigation for more specific rules. Where programmatic rules are inconsistent with Part 18, the programmatic rule governs. See 29 C.F.R. § 18.1(a).
Regulatory History of OALJ's Rules of Practice and Procedure
Final Rule, Use of Settlement Judges in Longshore and Related Proceedings Before the Office of Administrative Law Judges,
64 Fed. Reg. 47087 (Aug. 27, 1999) HTML | PDF
Final Rule, Amendment of Filing and Service Requirements in Proceedings Before the Office of Administrative Law Judges,
60 Fed. Reg. 26970 (May 19, 1995) HTML
Interim Final Rule, Amendment of Filing and Service Requirements in Proceedings Before the Office of Administrative Law Judges,
59 Fed. Reg. 41874 (Aug. 15, 1994) HTML
Final Rule, Use of Settlement Judges in Proceedings Before the Office of Administrative Law Judges,
58 Fed. Reg. 38498 (July 16, 1993) HTML
Notice of Proposed Rulemaking, Use of Settlement Judges in Proceedings Before the Office of Administrative Law Judges,
58 Fed. Reg. 3822 (Jan. 11, 1993) HTML
Secretary's Order 1-2002 replaced Secretary's Order 02-96, effective September 24, 2002. Secretary's Order 1-2002 is similar to order
it replaces, except it increases the total maximum membership of the Board from four to five, and clarifies ARB procedural authority and further
delineates the authority and responsibilities of the Secretary.
Secretary's Order 1-2002, Delegation of Authority and Responsibility to the Administrative Review
Board, 67 Fed. Reg. 64272 (Oct. 17, 2002) HTML | PDF
Effective May 3, 1996, the Administrative Review Board replaced the Office of Administrative Appeals, the Wage Appeals Board and the Board of Service Contract
Appeals. The Administrative Review Board is designated to issues final agency decisions under a number of laws where such decisions were previously issued by the Secretary of Labor.
Secretary's Order
2-96 (Authority and Responsibilities of the Administrative Review Board), 61 Fed. Reg. 19978 (1996)
The Rules of Practice and Procedure were first published as a
final rule in 1983. 48 Fed. Reg. 32538 (July 15, 1983).
Although there is a short preamble explaining that the purpose of
the rules is to ensure that proceedings before Department ALJs
are as uniform as possible, the rules were not subject to notice
and comment pursuant to 5 U.S.C. § 553(d), and a detailed
regulatory history for the original rules does not exist. It is
fair to state, however, that the rules are modeled on the Federal
Rules of Civil Procedure, but adjusted for hearings in the
administrative context.
A number of minor technical amendments were made to the Rules in
1984. 49 Fed. Reg. 2739 (Jan. 20, 1984).
In 1989, a set of proposed Rules of Evidence were published for
notice and comment, 54 Fed. Reg. 2310 (Jan. 19, 1989), with a
Final Rule published in 1990. 55 Fed. Reg. 2 (Apr. 9, 1990).
These rules are modeled on the Federal Rules of Evidence, but
modified for formal adversarial adjudicatory proceedings. The
rules are intended to provide necessary guidance as to the
admissibility of evidence in such proceedings, and include
extensive Reporter's Notes. The Rules of Evidence do not apply
if they are inconsistent with a statute, regulation, or executive
order. 29 C.F.R. § 18.1101(c). Nor do the Rules of
Evidence apply to black lung benefits or longshore workers'
compensation proceedings. 29 C.F.R. § 18.1101(b).
In 1991, an amendment was made to reflect a change in address of
the Office of Administrative Law Judges. 56 Fed. Reg. 54708 (Oct.
22, 1991).
In 1993, an amendment was made to permit the use of settlement
judges as a means of alternative dispute resolution. 58 Fed.
Reg. 3822 (Jan. 11, 1993) (proposed rule); 58 Fed. Reg. 38498
(July 16, 1993) (final rule). This amendment was modeled on
Recommendation 88-5 of the Administrative Conference of the
United States, 1 C.F.R. § 305.88-5 and the settlement judge
procedure of other federal agencies.
In 1994, an Interim Final Rule was published to amend certain
filing and service requirements. 59 Fed. Reg. 41874 (Aug. 15,
1994). Essentially, these amendments (1) provided rules limiting
the use of fax machines to file documents to instances when faxes
are explicitly permitted by statute or regulation or the
presiding ALJ, and (2) eliminated the routine filing of discovery
documents. Although not amendments to Part 18, several other
Departmental regulations were updated to permit the use of fax or
overnight courier as an alternative to use of a telegram when
requesting a hearing in certain time sensitive proceedings.
In 1995, the filing and service amendments were adopted as a
Final Rule. 60 Fed. Reg. 26970 (May 19, 1995). The Final Rule
made only one change to the Interim Final Rule to conform it to
practice in the United States District Courts. Specifically, if
a party is represented by an attorney or other representative,
only the attorney or representative is served unless direct
service is ordered by the presiding ALJ. See Fed. R. Civ.
P. 5(b); 29 C.F.R. § 18.3(b) (as amended by this Final
Rule). It should be noted that this service amendment applies
only to service by a party; it does not change the ALJ's
obligation to serve both parties and their representatives,
unless the parties waive personal service.
In 1999, a Final Rule was published amending the settlement judge rule at section 18.9(e)
to permit the appointment of settlement judges in cases arising out of the Longshore and Harbor
Workers' Compensation Act, 33 U.S.C. 901 et seq., the Defense Base Act, the Outer Continental
Shelf Lands Act, the Nonappropriated Fund Instrumentalities Act, and the former District of
Columbia Workmen's Compensation Act. 64 Fed. Reg. 47087 (Aug. 27, 1999).