26970 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Rules and Regulations

DEPARTMENT OF LABOR

Office of the Secretary

Employment and Training

Administration

20 CFR Part 655

29 CFR Parts 18 and 24

Amendment of Filing and Service

Requirements in Proceedings Before

the Office of Administrative Law

Judges

AGENCY: Office of the Secretary, Labor.

ACTION: Final rule.

SUMMARY: This document completes the

interim rulemaking published on

August 15, 1994. This final rule amends

regulations governing the filing and

service of documents in proceedings

before the Department of Labor’s Office

of Administrative Law Judges generally,

and in one instance, the Regional

Administrator’s service of a notice of

denial of temporary labor certification.

The amendments modify regulations

which heretofore required filing or

service by mailgram or telegram,

substituting therefore the option to file

or serve those documents by facsimile

(fax), telegram or other means normally

assuring next day delivery. The

amendments also provide guidelines for

the filing and service of documents by

facsimile, limiting such filings to

instances when they are explicitly

permitted by statute or regulation, or by

the presiding administrative law judge.

Finally, the amendments eliminate the

routine filing of documents relating to

discovery, limiting such filings to

instances when there is a reason for

their submission.

EFFECTIVE DATE: May 19, 1995.

FOR FURTHER INFORMATION CONTACT:

John M. Vittone, Deputy Chief

Administrative Law Judge, Office of

Administrative Law Judges. Telephone:

(202) 633–0341.

SUPPLEMENTARY INFORMATION:

Background

The Department issued these

regulations in interim final form on

August 15, 1994, and asked for

comments from the public and

concerned parties. In the only one

month comment period that followed,

the Office of Administrative Law Judges

received no comments.

The interim final rule is hereby being

adopted as a final rule, with only one

change which we perceive to be an

improvement. Specifically, the rule

governing service and filing of

documents is modified to make service

of representatives conform to practice in

the United States District Courts, where,

if a party is represented by an attorney,

only the attorney is served unless direct

service on the party is ordered by the

court. See Federal Rules of Civil

Procedure 5(b).

Technical Comments

The only change to the interim final

rule is in 29 CFR 18.3. Subparagraph

18.3(a) is modified by inserting after the

heading ‘‘Generally.’’, the following:

‘‘Except as otherwise provided by these

rules, copies of all documents shall be

served on all parties of record.’’

Subparagraph 18.3(b) is modified by

revising the heading ‘‘By parties.’’ to

read ‘‘How made; by parties.’’ In

addition, subparagraph 18.3(b) is

modified by deleting from the interim

final rule the sentence ‘‘Service of all

documents shall be made upon all

parties, and when a party is represented

by an attorney or other representative,

service also shall be made upon the

attorney or representative.’’ That

sentence is replaced by the following:

‘‘Whenever under these rules service by

a party is required to be made upon a

party represented by an attorney or

other representative the service shall be

made upon the attorney or other

representative unless service upon the

party is ordered by the presiding

administrative law judge.’’

Procedural Matters

This is not a significant regulatory

action as defined by Executive Order

12866. Previously, on August 8, 1994,

the undersigned certified to the Small

Business Administration that this rule,

if promulgated, would not have a

significant economic impact upon a

substantial number of small entities as

defined in the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.). The rule does not

contain any information collection or

record keeping requirements as defined

in the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.).

Effective Date

This document will become effective

upon publication pursuant to 5 U.S.C.

553(d). The undersigned has determined

that good cause exists for waiving the

customary requirement for delay in the

effective date of a final rule for 30 days

following its publication. This

determination is based upon the fact

that the underlying interim rule in this

matter has been in effect since

September 14, 1994. Accordingly, there

is no need for postponement of the

effective date.

List of Subjects

20 CFR Part 655

Administrative practice and

procedure, Aliens, Employment,

Migrant labor.

29 CFR Part 18

Administrative practice and

procedure.

29 CFR Part 24

Employment, Environmental

protection.

Accordingly, the interim final rule

amending 20 CFR 655 and 29 CFR Part

18 and 24, which was published at 59

CFR 41874 on August 15, 1994, is

adopted as a final rule with the

following change:

TITLE 29—LABOR

PART 18—RULES OF PRACTICE AND

PROCEDURE FOR ADMINISTRATIVE

HEARINGS BEFORE THE OFFICE OF

ADMINISTRATIVE LAW JUDGES

1. The authority citation for Part 18

continues to read as follows:

Authority: 5 U.S.C. 301; 5 U.S.C. 551–553;

5 U.S.C. 581; E.O. 12778; 57 FR 7292.

2. Section 18.3 is amended by revising

paragraphs (a) and (b) to read as follows:

§ 18.3 Service and filing of documents.

(a) Generally. Except as otherwise

provided in this part, copies of all

documents shall be served on all parties

of record. All documents should clearly

designate the docket number, if any, and

short title of the matter. If the matter

involves a program administered by the

Office of Workers’ Compensation

Programs (OWCP), the document should

contain the OWCP number in addition

to the docket number. All documents to

be filed shall be delivered or mailed to

the Chief Docket Clerk, Office of

Administrative Law Judges (OALJ), 800

K Street, NW., Suite 400, Washington,

DC 20001–8002, or to the OALJ Regional

Office to which the proceeding may

have been transferred for hearing. Each

document filed shall be clear and

legible.

(b) How made; by parties. All

documents shall be filed with the Office

of Administrative Law Judges, except

that notices of deposition, depositions,

interrogatories, requests for admissions,

and answers and responses thereto,

shall not be so filed unless the presiding

judge so orders, the document is being

offered into evidence, the document is

submitted in support of a motion or a

response to a motion, filing is required

by a specialized rule, or there is some

other compelling reason for its

submission. Whenever under this part
Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Rules and Regulations 26971

service by a party is required to be made

upon a party represented by an attorney

or other representative the service shall

be made upon the attorney or other

representative unless service upon the

party is ordered by the presiding

administrative law judge. Service of any

document upon any party may be made

by personal delivery or by mailing a

copy to the last known address. The

person serving the document shall

certify to the manner and date of

service.

* * * * *

Signed at Washington, DC, this 15th day of

May 1995.

Robert Reich,

Secretary of Labor.

[FR Doc. 95–12365 Filed 5–18–95; 8:45 am]

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