Part 18 - Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges  


Subpart A - General
§ 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.
§ 18.18 - 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.
§ 18.25 - 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.
§ 18.37 - Hearing room conduct.
§ 18.38 - Ex parte communications.
§ 18.39 - Waiver of right to appear and failure to participate or to appear.
§ 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.
§ 18.58 - Appeals.
§ 18.59 - Certification of official record.
Service, Format, and Timing of Filings and Other Papers
§ 18.30 - Service and filing.
§ 18.31 - Privacy protection for filings and exhibits.
§ 18.32 - Computing and extending time.
§ 18.33 - Motions and other papers.
§ 18.34 - Format of papers filed.
§ 18.35 - Signing motions and other papers; representations to the judge; sanctions.
§ 18.36 - Amendments after referral to the Office of Administrative Law Judges.
Post Hearing
§ 18.90 - Closing the record; subsequent motions.
§ 18.91 - Post-hearing brief.
§ 18.92 - Decision and order.
§ 18.93 - Motion for reconsideration.
§ 18.94 - Indicative ruling on a motion for relief that is barred by a pending petition for review.
§ 18.95 - Review of decision and review by the Secretary.
General Provisions
§ 18.10 - Scope and purpose.
§ 18.11 - Definitions.
§ 18.12 - Proceedings before administrative law judge.
§ 18.13 - Settlement judge procedure.
§ 18.14 - Ex parte communication.
§ 18.15 - Substitution of administrative law judge.
§ 18.16 - Disqualification.
§ 18.17 - Legal assistance.
Prehearing Procedure
§ 18.40 - Notice of hearing.
§ 18.41 - Continuances and changes in place of hearing.
§ 18.42 - Expedited proceedings.
§ 18.43 - Consolidation; separate hearings.
§ 18.44 - Prehearing conference.
Disclosure and Discovery
§ 18.50 - General provisions governing disclosure and discovery.
§ 18.51 - Discovery scope and limits.
§ 18.52 - Protective orders.
§ 18.53 - Supplementing disclosures and responses.
§ 18.54 - Stipulations about discovery procedure.
§ 18.55 - Using depositions at hearings.
§ 18.56 - Subpoena.
§ 18.57 - Failure to make disclosures or to cooperate in discovery; sanctions.
Disposition Without Hearing
§ 18.70 - Motions for dispositive action.
§ 18.71 - Approval of settlement or consent findings.
§ 18.72 - Summary decision.
Parties and Representatives
§ 18.20 - Parties to a proceeding.
§ 18.21 - Party appearance and participation.
§ 18.22 - Representatives.
§ 18.23 - Disqualification of representatives.
§ 18.24 - Briefs from amicus curiae.
Types of Discovery
§ 18.60 - Interrogatories to parties.
§ 18.61 - Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.
§ 18.62 - Physical and mental examinations.
§ 18.63 - Requests for admission.
§ 18.64 - Depositions by oral examination.
§ 18.65 - Depositions by written questions.
Hearing
§ 18.80 - Prehearing statement.
§ 18.81 - Formal hearing.
§ 18.82 - Exhibits.
§ 18.83 - Stipulations.
§ 18.84 - Official notice.
§ 18.85 - Privileged, sensitive, or classified material.
§ 18.86 - Hearing room conduct.
§ 18.87 - Standards of conduct.
§ 18.88 - Transcript of proceedings.
Subpart B - Rules of Evidence
§ 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.
Privileges
§ 18.501 - General rule.
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.
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 rules.
§ 18.1102 - [Reserved]
§ 18.1103 - Title.
§ 18.1104 - Effective date.
Official Notice
§ 18.201 - Official notice of adjudicative facts.
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.
Authentication and Identification
§ 18.901 - Requirement of authentication or identification.
§ 18.902 - Self-authentication.
§ 18.903 - Subscribing witness' testimony unnecessary.
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.
Presumptions
§ 18.301 - Presumptions in general.
§ 18.302 - Applicability of state law.
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.
Appendix to Subpart B - Reporter's Notes
Appendix to Subpart B of Part 18 - Reporter's Notes