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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 29 - Labor |
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Subtitle A - Office of the Secretary of Labor |
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Part 18 - Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges |
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Subpart A - General |
§ 18.2 - Definitions.
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For purposes of these rules:
(a) Adjudicatory proceeding means a judicial-type proceeding leading to the formulation of a final order;
(b) Administrative law judge means an administrative law judge appointed pursuant to the provisions of 5 U.S.C. 3105 (provisions of the rules in this part which refer to administrative law judges may be applicable to other Presiding Officers as well);
(c) Administrative Procedure Act means those provisions of the Administrative Procedure Act, as codified, which are contained in 5 U.S.C. 551 through 559;
(d) Complaint means any document initiating an adjudicatory proceeding, whether designated a complaint, appeal or an order for proceeding or otherwise;
(e) Hearing means that part of a proceeding which involves the submission of evidence, either by oral presentation or written submission;
(f) Order means the whole or any part of a final procedural or substantive disposition of a matter by the administrative law judge in a matter other than rulemaking;
(g) Party includes a person or agency named or admitted as a party to a proceeding;
(h) Person includes an individual, partnership, corporation, association, exchange or other entity or organization;
(i) Pleading means the complaint, the answer to the complaint, any supplement or amendment thereto, and any reply that may be permitted to any answer, supplement or amendment;
(j) Respondent means a party to an adjudicatory proceeding against whom findings may be made or who may be required to provide relief or take remedial action;
(k) Secretary means the Secretary of Labor and includes any administrator, commissioner, appellate body, board, or other official thereunder for purposes of appeal of recommended or final decisions of administrative law judges;
(l) Complainant means a person who is seeking relief from any act or omission in violation of a statute, executive order or regulation;
(m) The term petition means a written request, made by a person or party, for some affirmative action;
(n) The term Consent Agreement means any written document containing a specified proposed remedy or other relief acceptable to all parties;
(o) Commencement of Proceeding is the filing of a request for hearing, order of reference, or referral of a claim for hearing.