Other Fields
Agency Scheme: 
LABROALJ0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administrative Law Judges (OALJ)
Name of Hearing Office (global name): 
Department of Labor: Office of Administrative Law Judges (OALJ)
Sub-Agency/Bureau/Division:: 
Office of the Secretary
Hearing Officer #1 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (Some Types of Cases)
Comments/Notes on Adjudication Structure: 

Administrative appeals are permitted from final decisions in most, but not all, hearing-level cases.

On December 4, 2012, the Department of Labor published for Notice and Comment, proposed revisions to the Rules of Practice and Procedure for Hearings Before the Office of Administrative Law Judges, 29 C.F.R. Part 18 (77 FR 72142). No final action has been taken as of February 5, 2015. The proposed rules are intended, inter alia, to accommodate an increase in the volume of whistleblower and other workplace retaliation cases.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
29 CFR Part 18
Other published guidance for hearings (if any): 
Additional procedural rules are often provided for under the applicable programmatic regulations. For example, under 29 CFR § 18.1101, compensation claims for employment injuries under the Black Lung Benefits Act and the Longshore and Harbor Workers' Compensation Act and its extensions (Outer Continental Shelf Lands Act, Defense Base Act, Non-Appropriated Fund Instrumentalities Act) follow the procedures of 20 CFR Parts 702, 704, and 725.
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Depositions upon oral examination or written questions; written interrogatories; production of documents or other evidence for inspection and other purposes; and requests for admission. (29 CFR § 18.13)
Does the hearing officer have subpoena authority?: 
Yes (Some Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
15 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Video
Phone
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
3%
In-Person: 
95%
Video: 
1%
Phone: 
1%
How is the type of hearing selected: 
By Private Party
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
By far, most hearings are in-person. Parties may waive the right to an in-person hearing and instead have the case decided on the record. See 29 C.F.R. 18.39(a). In a few instances, such as where a party is overseas and cannot practically attend an in-person hearing, OALJ has conducted video hearings.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Only with Consent of Parties
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
Hearings are presumed open, but may be closed under certain conditions. This question is not applicable for document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Staff Attorney
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
Proposed findings of fact, conclusions, and order to be filed within 20 days of filing of transcript, unless modified by the ALJ. The ALJ should issue the decision within a reasonable time after the time allowed for those filings, or within 30 days after receipt of an agreement containing consent findings and order disposing of the case. (29 CFR § 18.57)
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Differentiated Case Management
Please briefly describe your case management practice(s) at the hearing level stage: 
Most cases are processed FIFO. However, some case types are expedited by statute or regulation. Also, because OALJ conducts hearings nationwide, processing is sometimes influenced by the need to schedule a docket of cases for a hearing trip.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 CFR § 18.52
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 CFR § 18.54
ADJUDICATORS
Total # of Hearing Officers: 
35
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
If "Varies by Case," please describe:: 
What type(s) of ADR are available?: 
Mediation
Settlement Conference
Who conducts the ADR?: 
Non-Presiding Adjudicator
Other
If "Other," please specify:: 
A "settlement judge" appointed by the Chief Administrative Law Judge under 29 CFR § 18.9 must be an active or retired ALJ who is not the ALJ assigned to hear and decide the case. Beginning in 2014, OALJ also offers mediation services from a senior staff attorney.
Regulations/rules of practice governing ADR process (please include CFR citations): 
29 CFR § 18.9(e) -- Settlement judge procedure. 29 CFR § 35.32 -- Mediation of certain age discrimination cases.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
556
Total # Cases Decided/Closed (FY2013): 
519
Total # Cases Pending (End of FY2013): 
552
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
If "Yes," please indicate preferred format below.: 
Separate email with statistical attachment (e.g., PDF, MS-Word, Excel)
Verified by Agency: 
Verified
Related Documents: 
PDF icon LABROALJ0001 Supplemental Caseload Statistics