C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1978—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA), AS AMENDED › Subpart B—Litigation

29 C.F.R. § 1978.107

Hearings

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Except as provided in this part, proceedings will be conducted in accordance with the rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges, codified at subpart A of part 18 of this title.

(b) Upon receipt of an objection and request for hearing, the Chief Administrative Law Judge will promptly assign the case to an ALJ who will notify the parties of the day, time, and place of hearing. The hearing is to commence expeditiously, except upon a showing of good cause or unless otherwise agreed to by the parties. Hearings will be conducted de novo on the record. Administrative law judges have broad discretion to limit discovery in order to expedite the hearing.

(c) If both the complainant and the respondent object to the findings and/or order, the objections will be consolidated and a single hearing will be conducted.

(d) Formal rules of evidence will not apply, but rules or principles designed to assure production of the most probative evidence will be applied. The ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious.

[77 FR 44134, July 27, 2012, as amended at 86 FR 1788, Jan. 11, 2021]
Notes of Decisions
Cited in 3 cases, 1992–2016 · leading case: Martin v. Yellow Freight Sys., Inc., 793 F. Supp. 461 (S.D.N.Y. 1992).
Sort: Relevance Newest Treatment
Martin v. Yellow Freight Sys., Inc., 793 F. Supp. 461 (S.D.N.Y. 1992). · cites it 4× “” 29 C.F.R. § 1978.107 (b). Rule 108 dictates the appropriate caption.”
Yellow Freight Sys., Inc. v. Lynn Martin, Sec'y of the U.S. Dep't of Labor, Robert Spinner, Intervenor, 983 F.2d 1195 (2d Cir. 1993). “See 29 C.F.R. § 1978.107 (b) (1988) ("In any case in which only the complainant objects to findings that the complaint lacks merit, to the preliminary order, or to both, the complainant shall be the prosecuting party.”
Harry Smith v. Sec'y of Labor, 659 F. App'x 296 (6th Cir. 2016). “§ 31105 (b)(2); 29 C.F.R. 1978.107. The ALJ’s decision is subject to review by the Administrative Review Board, which is the appeals section of the Department of Labor.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.