Amendment of Filing and Service Requirements in Proceedings Before the Office of Administrative Law Judges

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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