C.F.R. » Title 29 » PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES › Subpart B—Rules of Evidence

29 C.F.R. § 18.201

Official notice of adjudicative facts

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(a) Scope of rule. This rule governs only official notice of adjudicative facts.

(b) Kinds of facts. An officially noticed fact must be one not subject to reasonable dispute in that it is either:

(1) Generally known within the local area,

(2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned, or

(3) Derived from a not reasonably questioned scientific, medical or other technical process, technique, principle, or explanatory theory within the administrative agency's specialized field of knowledge.

(c) When discretionary. A judge may take official notice, whether requested or not.

(d) When mandatory. A judge shall take official notice if requested by a party and supplied with the necessary information.

(e) Opportunity to be heard. A party is entitled, upon timely request, to an opportunity to be heard as to the propriety of taking official notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after official notice has been taken.

(f) Time of taking notice. Official notice may be taken at any stage of the proceeding.

(g) Effect of official notice. An officially noticed fact is accepted as conclusive.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2013–2024 · leading case: Bechtel v. Admin. Review Bd., United States Dep't of Labor, 710 F.3d 443 (2d Cir. 2013).
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Bechtel v. Admin. Review Bd., United States Dep't of Labor, 710 F.3d 443 (2d Cir. 2013). · cites it 3× “See 29 C.F.R. § 18.201 (governing official notice of adjudicative facts).”
Clyde Carter, Jr. v. Sec'y, Dep't of Labor, 108 F.4th 1028 (8th Cir. 2024). “We conclude that the ALJ acted within her discretion when she declined to take judicial notice of a magistrate judge’s description of a BNSF policy that the judge had reviewed in camera at summary judgment, see 29 C.F.R. § 18.201 (b) (“[a]n officially noticed fact must be one…”
Daniel Kupke v. Owcp (9th Cir. 2020). “We also assume without deciding that the ALJ’s consideration of fee awards from the Southern District of Florida constituted taking official notice, thereby triggering the procedural requirements in 29 C.F.R. § 18.201 . 2 failed to carry its burden of showing that any error by…”
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