29 C.F.R. Part 18, Subpart A (2015).
In May 2015, a final rule was published substantially revising the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, 29 C.F.R. Part 18, Subpart A. The cross reference chart below, can be used to track and compare the revised and new sections with the prior rules. The chart also identifies the comparable rule from the 2014 version of the Federal Rules of Civil Procedure.
New Section
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New Section Title |
Old Section
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Old Section Title |
Federal Rule of Civil Procedure (2014) |
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GENERAL PROVISIONS |
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Scope and purpose |
Scope of rules and conduct of hearings |
Fed. R. Civ. P. 1 |
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Definitions |
Definitions |
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Proceedings before administrative law judge |
Proceedings before administrative law judge /authority of the administrative law judge |
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Settlement judge procedure |
Consent order or settlement; settlement judge procedure |
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Ex parte communication |
Ex parte communications |
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Substitution of administrative law judge |
Unavailability of administrative law judge |
Fed. R. Civ. P. 63 |
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Disqualification |
Disqualification |
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Legal assistance |
Legal assistance |
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PARTIES AND REPRESENTATIVES |
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Parties to a proceeding |
Parties, how designated |
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Party appearance and participation |
18.39, Waiver of right to appear and failure to participate or to appear � text was incorporated into proposed �participation� rule |
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Representatives |
Representatives |
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Disqualification of representatives |
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Briefs from amicus curiae |
Amicus curiae |
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SERVICE, FORMAT AND TIMING OF FILINGS AND OTHER PAPERS |
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Service and filing |
Service and filing |
Fed. R. Civ. P. 5 |
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Privacy protection for filings and exhibits |
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Fed. R. Civ. P. 5.2 |
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Computing and extending time |
Time computations |
Fed. R. Civ. P. 6 |
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Motions and other papers |
Motions and requests |
Fed. R. Civ. P. 7(b) & 43(c) |
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Format of papers filed |
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Signing motions and other papers; representations to the judge; sanctions |
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Fed. R. Civ. P. 11 |
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Amendments after referral to the Office of Administrative Law Judges |
Responsive pleadings�answer and request for hearings |
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PREHEARING PROCEDURE |
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Notice of hearing |
Notice of hearing |
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Continuances and changes in place of hearing |
Continuances |
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Expedited proceedings |
Expedited proceedings |
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Consolidation; separate hearings |
Consolidation of hearings |
Fed. R. Civ. P. 42 |
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Prehearing conference |
Prehearing conferences |
Fed. R. Civ. P. 16 |
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DISCLOSURE AND DISCOVERY |
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General provisions governing disclosure and discovery |
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Fed. R. Civ. P. 26 (a), (d), (f), (g) |
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Discovery scope and limits |
Scope of discovery |
Fed. R. Civ. P. 26 (b) |
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Protective orders |
Protective orders |
Fed. R. Civ. P. 26 (c) |
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Supplementing disclosures and responses |
Supplementation of responses |
Fed. R. Civ. P. 26 (e) |
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Stipulations about discovery and procedure |
Stipulations regarding discovery |
Fed. R. Civ. P. 29 |
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Using depositions at hearings |
Use of depositions at hearings |
Fed. R. Civ. P. 32 |
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Subpoena |
Subpoenas |
Fed. R. Civ. P. 45 |
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Failure to make disclosures or to cooperate in discovery; sanctions |
Motion to compel discovery |
Fed. R. Civ. P. 37 |
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TYPES OF DISCOVERY |
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Interrogatories to parties |
Written interrogatories to parties |
Fed. R. Civ. P. 33 |
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Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes |
Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination |
Fed. R. Civ. P. 34 |
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Physical and mental examinations |
Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination |
Fed. R. Civ. P. 35 |
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Requests for admission |
Admissions |
Fed. R. Civ. P. 36 |
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Depositions by oral examination |
Depositions by oral examinations |
Fed. R. Civ. P. 30 |
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Depositions by written questions |
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Fed. R. Civ. P. 31 |
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DISPOSITION WITHOUT HEARING |
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Motions for dispositive action |
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Approval of settlement or consent findings |
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Summary decision |
18.40, Motion for summary decision merged with 18.41, Summary decision |
Fed. R. Civ. P. 56 |
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HEARING |
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Prehearing statement |
Prehearing statements |
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Formal hearing |
Formal hearings |
Fed. R. Civ. P. 43(a) |
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Exhibits |
Exhibits/ records in other proceedings/ designation of parts of documents/ authenticity |
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Stipulations |
Stipulations |
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Official notice |
Official notice |
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Privileged, sensitive, or classified material |
In camera and protective orders/ restricted access |
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Hearing room conduct |
Hearing room conduct |
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Standards of conduct |
Standards of conduct |
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Transcript of proceedings |
Record of hearings |
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POST HEARING |
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Closing the record; subsequent motions |
Closing the record /receipt of documents after hearing |
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Post-hearing brief |
Decision and order |
Decision of the administrative law judge and post-hearing briefs |
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Motion for reconsideration |
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Fed. R. Civ. P. 59 (e) |
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Indicative ruling on a motion for relief that is barred by a pending petition for review |
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Fed. R. Civ. P. 62.1 |
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Review of Decision |
Appeals |
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DELETED SECTIONS |
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Deleted |
Discovery methods |
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Deleted |
Separation of functions |
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Deleted |
Expedition |
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Deleted |
Closing of hearings |
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Deleted |
Certification of official record |
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