80 FR 37539 2015-16239. Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges; Corrections  

  • Action

    Correcting Amendments.

    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.

    Unified Agenda

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

    3 actions from December 4th, 2012 to November 2014

    • December 4th, 2012
    • February 3rd, 2013
      • NPRM Comment Period End
    • November 2014
      • Final Rule
     

    Table of Contents Back to Top

    DATES: Back to Top

    Effective on July 1, 2015.

    FOR FURTHER INFORMATION CONTACT: Back to Top

    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: Back to Top

    Background Back to Top

    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 Back to Top

    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 Back to Top

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

    begin regulatory text

    PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES Back to Top

    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.

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

    § 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 § 18.30(a)(2)(ii)(C) or (D), 3 days are added after the period would otherwise expire under paragraph (a) of this section.

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

    § 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.

    * * * * *

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

    § 18.51 Discovery scope and limits.

    * * * * *

    (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 § 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 § 18.50(c)(2)(ii), regardless of the form of the communications, except to the extent that the communications:

    * * * * *

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

    § 18.53 Supplementing disclosures and responses.

    * * * * *

    (b) Expert witness. For an expert whose report must be disclosed under § 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 § 18.50(c)(3) are due.

    end regulatory text

    Dated: June 17, 2015.

    Stephen R. Henley,

    Acting Chief Administrative Law Judge.

    [FR Doc. 2015-16239 Filed 6-30-15; 8:45 am]

    BILLING CODE 4510-20-P

Document Information

Effective Date:
7/1/2015
Published:
07/01/2015
Department:
Labor Department
Agency:
Department of Labor
EntryType:
Rule
Action:
Correcting amendments.
Document Number:
2015-16239
Document Citation:
80 FR 37539
Dates:
Effective on July 1, 2015.
Pages:
37539-37540 (2 pages)
RIN:
1290-AA26: Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges
RINLinks:
https://www.federalregister.gov/regulations/1290-AA26/rules-of-practice-and-procedure-for-administrative-hearings-before-the-office-of-administrative-law-
Topics:
Administrative practice and procedure, Labor
PDF File:
2015-16239.pdf
CFR: (4)
29 CFR 18.32
29 CFR 18.33
29 CFR 18.51
29 CFR 18.53