[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Rules and Regulations]
[Pages 26970-26971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12365]
[[Page 26969]]
_______________________________________________________________________
Part III
Department of Labor
_______________________________________________________________________
Office of the Secretary Employment and Training Administration
_______________________________________________________________________
20 CFR Part 655, et al.
Amendment of Filing and Service Requirements in Proceedings Before the
Office of Administrative Law Judges; Final Rule
Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Rules and
Regulations
[[Page 26970]]
DEPARTMENT OF LABOR
Office of the Secretary
Employment and Training Administration
20 CFR Part 655
29 CFR Parts 18 and 24
Amendment of Filing and Service Requirements in Proceedings
Before the Office of Administrative Law Judges
AGENCY: Office of the Secretary, Labor.
ACTION: Final rule.
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SUMMARY: This document completes the interim rulemaking published on
August 15, 1994. This final rule amends regulations governing the
filing and service of documents in proceedings before the Department of
Labor's Office of Administrative Law Judges generally, and in one
instance, the Regional Administrator's service of a notice of denial of
temporary labor certification. The amendments modify regulations which
heretofore required filing or service by mailgram or telegram,
substituting therefore the option to file or serve those documents by
facsimile (fax), telegram or other means normally assuring next day
delivery. The amendments also provide guidelines for the filing and
service of documents by facsimile, limiting such filings to instances
when they are explicitly permitted by statute or regulation, or by the
presiding administrative law judge. Finally, the amendments eliminate
the routine filing of documents relating to discovery, limiting such
filings to instances when there is a reason for their submission.
EFFECTIVE DATE: May 19, 1995.
FOR FURTHER INFORMATION CONTACT:
John M. Vittone, Deputy Chief Administrative Law Judge, Office of
Administrative Law Judges. Telephone: (202) 633-0341.
SUPPLEMENTARY INFORMATION:
Background
The Department issued these regulations in interim final form on
August 15, 1994, and asked for comments from the public and concerned
parties. In the only one month comment period that followed, the Office
of Administrative Law Judges received no comments.
The interim final rule is hereby being adopted as a final rule,
with only one change which we perceive to be an improvement.
Specifically, the rule governing service and filing of documents is
modified to make service of representatives conform to practice in the
United States District Courts, where, if a party is represented by an
attorney, only the attorney is served unless direct service on the
party is ordered by the court. See Federal Rules of Civil Procedure
5(b).
Technical Comments
The only change to the interim final rule is in 29 CFR 18.3.
Subparagraph 18.3(a) is modified by inserting after the heading
``Generally.'', the following: ``Except as otherwise provided by these
rules, copies of all documents shall be served on all parties of
record.'' Subparagraph 18.3(b) is modified by revising the heading ``By
parties.'' to read ``How made; by parties.'' In addition, subparagraph
18.3(b) is modified by deleting from the interim final rule the
sentence ``Service of all documents shall be made upon all parties, and
when a party is represented by an attorney or other representative,
service also shall be made upon the attorney or representative.'' That
sentence is replaced by the following: ``Whenever under these rules
service by a party is required to be made upon a party represented by
an attorney or other representative the service shall be made upon the
attorney or other representative unless service upon the party is
ordered by the presiding administrative law judge.''
Procedural Matters
This is not a significant regulatory action as defined by Executive
Order 12866. Previously, on August 8, 1994, the undersigned certified
to the Small Business Administration that this rule, if promulgated,
would not have a significant economic impact upon a substantial number
of small entities as defined in the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The rule does not contain any information
collection or record keeping requirements as defined in the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
Effective Date
This document will become effective upon publication pursuant to 5
U.S.C. 553(d). The undersigned has determined that good cause exists
for waiving the customary requirement for delay in the effective date
of a final rule for 30 days following its publication. This
determination is based upon the fact that the underlying interim rule
in this matter has been in effect since September 14, 1994.
Accordingly, there is no need for postponement of the effective date.
List of Subjects
20 CFR Part 655
Administrative practice and procedure, Aliens, Employment, Migrant
labor.
29 CFR Part 18
Administrative practice and procedure.
29 CFR Part 24
Employment, Environmental protection.
Accordingly, the interim final rule amending 20 CFR 655 and 29 CFR
Part 18 and 24, which was published at 59 CFR 41874 on August 15, 1994,
is adopted as a final rule with the following change:
TITLE 29--LABOR
PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
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. 581; E.O.
12778; 57 FR 7292.
2. Section 18.3 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 18.3 Service and filing of documents.
(a) Generally. Except as otherwise provided in this part, copies of
all documents shall be served on all parties of record. All documents
should clearly designate the docket number, if any, and short title of
the matter. If the matter involves a program administered by the Office
of Workers' Compensation Programs (OWCP), the document should contain
the OWCP number in addition to the docket number. All documents to be
filed shall be delivered or mailed to the Chief Docket Clerk, Office of
Administrative Law Judges (OALJ), 800 K Street, NW., Suite 400,
Washington, DC 20001-8002, or to the OALJ Regional Office to which the
proceeding may have been transferred for hearing. Each document filed
shall be clear and legible.
(b) How made; by parties. All documents shall be filed with the
Office of Administrative Law Judges, except that notices of deposition,
depositions, interrogatories, requests for admissions, and answers and
responses thereto, shall not be so filed unless the presiding judge so
orders, the document is being offered into evidence, the document is
submitted in support of a motion or a response to a motion, filing is
required by a specialized rule, or there is some other compelling
reason for its submission. Whenever under this part
[[Page 26971]] service by a party is required to be made upon a party
represented by an attorney or other representative the service shall be
made upon the attorney or other representative unless service upon the
party is ordered by the presiding administrative law judge. Service of
any document upon any party may be made by personal delivery or by
mailing a copy to the last known address. The person serving the
document shall certify to the manner and date of service.
* * * * *
Signed at Washington, DC, this 15th day of May 1995.
Robert Reich,
Secretary of Labor.
[FR Doc. 95-12365 Filed 5-18-95; 8:45 am]
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