29 Labor 1 2014-07-01 2013-07-01 true Table Of Contents Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES Subpart A—General Sec. 18.1 Scope of rules. 18.2 Definitions. 18.3 Service and filing of documents. 18.4 Time computations. 18.5 Responsive pleadings—answer and request for hearing. 18.6 Motions and requests. 18.7 Prehearing statements. 18.8 Prehearing conferences. 18.9 Consent order or settlement; settlement judge procedure. 18.10 Parties, how designated. 18.11 Consolidation of hearings. 18.12 Amicus curiae. 18.13 Discovery methods. 18.14 Scope of discovery. 18.15 Protective orders. 18.16 Supplementation of responses. 18.17 Stipulations regarding discovery. 18.18 Written interrogatories to parties. 18.19 Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination. 18.20 Admissions. 18.21 Motion to compel discovery. 18.22 Depositions. 18.23 Use of depositions at hearings. 18.24 Subpoenas. 18.25 Designation of administrative law judge. 18.26 Conduct of hearings. 18.27 Notice of hearing. 18.28 Continuances. 18.29 Authority of administrative law judge. 18.30 Unavailability of administrative law judge. 18.31 Disqualification. 18.32 Separation of functions. 18.33 Expedition. 18.34 Representation. 18.35 Legal assistance. 18.36 Standards of conduct. 18.37 Hearing room conduct. 18.38 Ex parte communications. 18.39 Waiver of right to appear and failure to participate or to appear. 18.40 Motion for summary decision. 18.41 Summary decision. 18.42 Expedited proceedings. 18.43 Formal hearings. 18.44 [Reserved] 18.45 Official notice. 18.46 In camera and protective orders. 18.47 Exhibits. 18.48 Records in other proceedings. 18.49 Designation of parts of documents. 18.50 Authenticity. 18.51 Stipulations. 18.52 Record of hearings. 18.53 Closing of hearings. 18.54 Closing the record. 18.55 Receipt of documents after hearing. 18.56 Restricted access. 18.57 Decision of the administrative law judge. 18.58 Appeals. 18.59 Certification of official record. Subpart B—Rules of Evidence General Provisions 18.101 Scope. 18.102 Purpose and construction. 18.103 Rulings on evidence. 18.104 Preliminary questions. 18.105 Limited admissibility. 18.106 Remainder of or related writings or recorded statements. Official Notice 18.201 Official notice of adjudicative facts. Presumptions 18.301 Presumptions in general. 18.302 Applicability of state law. Relevancy and Its Limits 18.401 Definition of relevant evidence. 18.402 Relevant evidence generally admissible; irrelevant evidence inadmissible. 18.403 Exclusion of relevant evidence on grounds of confusion or waste of time. 18.404 Character evidence not admissible to prove conduct; exceptions; other crimes. 18.405 Methods of proving character. 18.406 Habit; routine practice. 18.407 Subsequent remedial measures. 18.408 Compromise and offers to compromise. 18.409 Payment of medical and similar expenses. 18.410 Inadmissibility of pleas, plea discussion, and related statements. 18.411 Liability insurance. Privileges 18.501 General rule. Witnesses 18.601 General rule of competency. 18.602 Lack of personal knowledge. 18.603 Oath or affirmation. 18.604 Interpreters. 18.605 Competency of judge as witness. 18.606 [Reserved] 18.607 Who may impeach. 18.608 Evidence of character and conduct of witness. 18.609 Impeachment by evidence of conviction of crime. 18.610 Religious beliefs or opinions. 18.611 Mode and order of interrogation and presentation. 18.612 Writing used to refresh memory. 18.613 Prior statements of witnesses. 18.614 Calling and interrogation of witnesses by judge. 18.615 Exclusion of witnesses. Opinions and Expert Testimony 18.701 Opinion testimony by lay witnesses. 18.702 Testimony by experts. 18.703 Bases of opinion testimony by experts. 18.704 Opinion on ultimate issue. 18.705 Disclosure of facts or data underlying expert opinion. 18.706 Judge appointed experts. Hearsay 18.801 Definitions. 18.802 Hearsay rule. 18.803 Hearsay exceptions; availability of declarant immaterial. 18.804 Hearsay exceptions; declarant unavailable. 18.805 Hearsay within hearsay. 18.806 Attacking and supporting credibility of declarant. Authentication and Identification 18.901 Requirement of authentication or identification. 18.902 Self-authentication. 18.903 Subscribing witness' testimony unnecessary. Contents of Writings, Recordings, and Photographs 18.1001 Definitions. 18.1002 Requirement of original. 18.1003 Admissibility of duplicates. 18.1004 Admissibility of other evidence of contents. 18.1005 Public records. 18.1006 Summaries. 18.1007 Testimony or written admission of party. 18.1008 Functions of the judge. Applicability 18.1101 Applicability of the rules. 18.1102 [Reserved] 18.1103 Title. 18.1104 Effective date. Appendix to Subpart B—Reporter's Notes Authority:

5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

Source:

48 FR 32538, July 15, 1983, unless otherwise noted.