[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37539-37540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16239]


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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 18

RIN 1290-AA26


Rules of Practice and Procedure for Administrative Hearings 
Before the Office of Administrative Law Judges; Corrections

AGENCY: Office of the Secretary, Labor.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations 
which were published in the Federal Register of May 19, 2015 (80 FR 
28768). Those regulations relate to rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges.

DATES: Effective on July 1, 2015.

FOR FURTHER INFORMATION CONTACT: Todd Smyth at the U.S. Department of 
Labor, Office of Administrative Law Judges, 800 K Street NW., Suite 
400-North, Washington, DC 20001-8002; telephone (202) 693-7300.

SUPPLEMENTARY INFORMATION: 

Background

    The final regulations that are the subject of these corrections 
became effective on June 18, 2015. The regulations constitute the rules 
of practice and procedure for administrative hearings before the Office 
of Administrative Law Judges.

Need for Correction

    As published, the final regulations contain four internal cross-
reference errors, and a typographical error in the title of 29 CFR 
18.33(e).

List of Subjects in 29 CFR Part 18

    Administrative practice and procedure, Labor.

    Accordingly, 29 CFR part 18 is corrected by making the following 
correcting amendments:

PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE 
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES

0
1. The authority citation for part 18 continues to read as follows:

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


0
2. Revise paragraph (c) of Sec.  18.32 to read as follows:


Sec.  18.32  Computing and extending time.

* * * * *
    (c) Additional time after certain kinds of service. When a party 
may or must act within a specified time after service and service is 
made under Sec.  18.30(a)(2)(ii)(C) or (D), 3 days are added after the 
period would otherwise expire under paragraph (a) of this section.

0
3. Revise paragraph (e) of Sec.  18.33 to read as follows:


Sec.  18.33  Motions and other papers.

* * * * *
    (e) Motions made at hearing. A motion made at a hearing may be 
stated orally unless the judge determines that a written motion or 
response would best serve the ends of justice.
* * * * *

0
4. Revise paragraph (d)(1) and the introductory text of paragraph 
(d)(3) of Sec.  18.51 to read as follows:


Sec.  18.51  Discovery scope and limits.

* * * * *

[[Page 37540]]

    (d) Hearing preparation: Experts--(1) Deposition of an expert who 
may testify. A party may depose any person who has been identified as 
an expert whose opinions may be presented at trial. If Sec.  
18.50(c)(2)(ii) requires a report from the expert the deposition may be 
conducted only after the report is provided, unless the parties 
stipulate otherwise.
* * * * *
    (3) Hearing-preparation protection for communications between a 
party's representative and expert witnesses. Paragraphs (c)(1) and (2) 
under this section protect communications between the party's 
representative and any witness required to provide a report under Sec.  
18.50(c)(2)(ii), regardless of the form of the communications, except 
to the extent that the communications:
* * * * *

0
5. Revise paragraph (b) of Sec.  18.53 to read as follows:


Sec.  18.53  Supplementing disclosures and responses.

* * * * *
    (b) Expert witness. For an expert whose report must be disclosed 
under Sec.  18.50(c)(2)(ii), the party's duty to supplement extends 
both to information included in the report and to information given 
during the expert's deposition. Any additions or changes to this 
information must be disclosed by the time the party's prehearing 
disclosures under Sec.  18.50(c)(3) are due.

    Dated: June 17, 2015.
Stephen R. Henley,
Acting Chief Administrative Law Judge.
[FR Doc. 2015-16239 Filed 6-30-15; 8:45 am]
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