Other Fields
Agency Scheme: 
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 (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Hearing conducted by administrative law judge with reviews or appeals conducted by the departmental Benefits Review Board (BRB). Case types following this scheme include compensation claims for employment injuries under the Black Lung Benefits Act and the Longshore and Harbor Workers' Compensation Act (LHWCA) and its extensions (Outer Continental Shelf Lands Act, Defense Base Act, and Non-Appropriated Fund Instrumentalities Act). Under 29 CFR § 18.1101, hearings under these statutes follow the procedures of 20 CFR Parts 702 and 704 (LHWCA), or 725 (black lung), instead of the normal procedures for most ALJ hearings, found in 29 CFR Part 18.

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): 
20 CFR Part 702, Subpart C (LHWCA); 20 CFR Part 725, Subpart F (black lung)
Other published guidance for hearings (if any): 
29 CFR Part 18
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; interrogatories. See 20 CFR §§ 702.341 and 725.458.
Does the hearing officer have subpoena authority?: 
Yes (All 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?: 
30 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Video
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
1%
In-Person: 
98%
Video: 
1%
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
Under 20 CFR § 702.346 and § 725.461, if all parties waive their right to appear before the ALJ or to present evidence or argument personally or by representative, the ALJ shall base the decision on the written evidence submitted, together with any pleadings they may submit. However, the ALJ may nevertheless decide to conduct a hearing if the ALJ believes that it would assist in ascertaining the facts at issue in the claim.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted in oral hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Parties can cross-examine witnesses in oral hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
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: 
Oral hearings are presumed open, but may be closed under certain conditions. This question is not applicable to document-only hearings. See 20 CFR § 725.361 allowing amicus briefs at the discretion of the ALJ (black lung cases).
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): 
Within 20 days of termination of the hearing. See 20 CFR §§ 702.348 and 725.476.
Is judicial review available after issuance of a final decision?: 
No
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. 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): 
20 CFR §§ 702.344 and 725.464
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:: 
For all case types subject to 29 CFR Part 18 hearing procedures (those case types reviewable by the Administrative Review Board), 29 CFR § 18.9(e) provides a voluntary settlement judge procedure.
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. Federal Mediation and Conciliation Service mediators conduct the ADR for age discrimination cases referred to FMCS for mediation under 29 CFR § 35.32.
Regulations/rules of practice governing ADR process (please include CFR citations): 
29 CFR § 18.9(e) -- Settlement judge procedure.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
4 269
Total # Cases Decided/Closed (FY2013): 
3 534
Total # Cases Pending (End of FY2013): 
5 004
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