Scheme Nickname: 
Labor ALJ + ARB

Hearings are conducted by an administrative law judge in the Office of Administrative Law Judges. Secretary's Order 02-2012 delegated authority to the Administrative Review Board (ARB) and assigned to the ARB responsibility for review of ALJ and certain other decisions under numerous statutes (77 FR 69378, Nov. 16, 2012). The Order enumerated 65 statutes, plus "any laws or regulation subsequently enacted or promulgated that provide for final decisions by the Secretary of Labor upon appeal or review of decisions, or recommended decisions, issued by ALJs." For most case types, hearings are conducted in accordance with the procedures in 29 CFR Part 18.

The Fall 2014 Unified Regulatory Agenda reported, under RIN 1290-AA28, that the Department of Labor will propose regulations to establish procedures for appeals before the Administrative Review Board. No further information has been published as of November 25, 2014.

Comments/Notes on Adjudication Structure: 
In most cases, hearings conducted by administrative law judges will follow the procedures of 29 CFR Part 18. 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 CFR Part 18 (77 FR 72142). No final action has been taken as of November 25, 2014. In addition to the hearing procedures of 29 CFR Part 18, hearings arising under the following seven statutes follow the procedures in 29 CFR Part 24: (1) Clean Air Act; (2) Comprehensive Environmental Response, Compensation and Liability Act of 1980; (3) Energy Reorganization Act of 1974, as amended; (4) Federal Water Pollution Control Act; (5) Safe Drinking Water Act; (6) Solid Waste Disposal Act; and (7) Toxic Substances Control Act. The Wagner-Peyser Act, as amended by the Workforce Investment Act of 1998, provides grants to states for workforce investment activities, job training, and employment services. Cases involving alleged violation of Job Service regulations may be heard by ALJs. Decisions that involve decertification of a state agency may be appealed to the Administrative Review Board; otherwise the ALJ's decision is the Secretary's final decision in the matter. 20 CFR ยง 658.710(c)
Types of Adjudication: 
Type A
Verified by Agency: 
Is this a Major Adjudication: