29 C.F.R. § 18.90

Closing the record; subsequent motions

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(a) In general. The record of a hearing closes when the hearing concludes, unless the judge directs otherwise. If any party waives a hearing, the record closes on the date the judge sets for the filing of the parties' submissions.

(b) Motion to reopen the record. (1) A motion to reopen the record must be made promptly after the additional evidence is discovered. No additional evidence may be admitted unless the offering party shows that new and material evidence has become available that could not have been discovered with reasonable diligence before the record closed. Each new item must be designated as an exhibit under § 18.82(a) and accompanied by proof that copies have been served on all parties.

(2) If the record is reopened, the other parties must have an opportunity to offer responsive evidence, and a new evidentiary hearing may be set.

(c) Motions after the decision. After the decision and order is issued, the judge retains jurisdiction to dispose of appropriate motions, such as a motion to award attorney's fees and expenses, a motion to correct the transcript, or a motion for reconsideration.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2020–2022 · leading case: Patricia Micallef v. U.S. Dep't of Labor (9th Cir. 2020).

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Patricia Micallef v. U.S. Dep't of Labor (9th Cir. 2020). “See 29 C.F.R. § 18.90 (b)(1) (a party offering new evidence must demonstrate that “new and material evidence has become available that could not have been discovered with reasonable diligence before the record closed.”

Manalapan Mining Co., Inc. v. OWCP (6th Cir. 2021). “” 29 C.F.R. § 18.90 (a). “No post-hearing deposition .”

Erik Leckner v. Gdit (9th Cir. 2021). “See 29 C.F.R. § 18.90 (b)(1) (“No additional evidence may be admitted unless the offering party shows that new and material evidence has become available that could not have been discovered with reasonable diligence before the record closed.”

Robert Barboza v. U.S. Dep't of Labor (9th Cir. 2022). “72 (e) (describing requirements for supporting factual positions on motion for summary decision, and consequences for failure to do so); 29 C.F.R. § 18.90 (record closes on date of hearing before ALJ, or on date set by ALJ for written submissions; the record may be reopened, but…”

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