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DOL/OS RIN: 1290-AA36 Publication ID: Spring 2024 
Title: Office of Administrative Law Judges (OALJ) E-Filing 
Abstract:

The Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges (OALJ) at 29 CFR part 18A govern practice and procedure in proceedings before United States Department of Labor administrative law judges. This revised rule supports the Department’s initiative to implement a dedicated eFile/eServe system. This system requires attorneys and non-attorney representatives, and encourage unrepresented parties, to file documents with OALJ and the Department’s adjudicatory boards in digital format. The amendments also support the National Archives and Records Administration’s strategic plan to accept records only in electronic format by June 30, 2024. In addition, the Department revises the rules to provide advance notice to parties of the expected manner of a hearing or prehearing conference, whether in-person, by telephone, by videoconference, or by other means. The Department engaged the public through an initial comment period and a reopened comment period. On February 25, 2021, the Department withdrew the direct final rule because of the receipt of adverse comments. Several comments also raised concerns with the Department’s eFile/eServe system and not the requirements of the proposed or direct final rules. The Department has addressed the adverse comments regarding the rules and held listening sessions to understand and address the public’s feedback on the eFile/eServe system.

 
Agency: Department of Labor(DOL)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 18A     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 U.S.C. 301    5 U.S.C. 551 to 553    5 U.S.C. 571 (note)    E.O. 12778 (57 FR 7292)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/11/2021  86 FR 1862   
NPRM Comment Period End  02/10/2021 
Direct Final Rule  02/18/2021  86 FR 1768   
Direct Final Rule; Withdrawal  02/25/2021  86 FR 11426   
NPRM Comment Period Reopened  03/17/2021  86 FR 14559   
NPRM Comment Period Reopened End  04/01/2021 
Final Rule  05/00/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Alyssa Kaercher
General Counsel
Department of Labor
Office of the Secretary
200 Constitution Avenue NW, Room S-4325,
Washington, DC 20210
Phone:202 693-7347
Email: kaercher.alyssa.j@dol.gov