80 FR 37539 - Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges; Corrections

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range		37539-37540
FR Document		2015-16239

This document contains corrections to the final regulations which were published in the Federal Register of May 19, 2015 (80 FR 28768). Those regulations relate to rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37539-37540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16239]


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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 18

RIN 1290-AA26


Rules of Practice and Procedure for Administrative Hearings 
Before the Office of Administrative Law Judges; Corrections

AGENCY: Office of the Secretary, Labor.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations 
which were published in the Federal Register of May 19, 2015 (80 FR 
28768). Those regulations relate to rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges.

DATES: Effective on July 1, 2015.

FOR FURTHER INFORMATION CONTACT: Todd Smyth at the U.S. Department of 
Labor, Office of Administrative Law Judges, 800 K Street NW., Suite 
400-North, Washington, DC 20001-8002; telephone (202) 693-7300.

SUPPLEMENTARY INFORMATION: 

Background

    The final regulations that are the subject of these corrections 
became effective on June 18, 2015. The regulations constitute the rules 
of practice and procedure for administrative hearings before the Office 
of Administrative Law Judges.

Need for Correction

    As published, the final regulations contain four internal cross-
reference errors, and a typographical error in the title of 29 CFR 
18.33(e).

List of Subjects in 29 CFR Part 18

    Administrative practice and procedure, Labor.

    Accordingly, 29 CFR part 18 is corrected by making the following 
correcting amendments:

PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE 
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES

0
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. 571 note; 
E.O. 12778; 57 FR 7292.


0
2. Revise paragraph (c) of Sec.  18.32 to read as follows:


Sec.  18.32  Computing and extending time.

* * * * *
    (c) Additional time after certain kinds of service. When a party 
may or must act within a specified time after service and service is 
made under Sec.  18.30(a)(2)(ii)(C) or (D), 3 days are added after the 
period would otherwise expire under paragraph (a) of this section.

0
3. Revise paragraph (e) of Sec.  18.33 to read as follows:


Sec.  18.33  Motions and other papers.

* * * * *
    (e) Motions made at hearing. A motion made at a hearing may be 
stated orally unless the judge determines that a written motion or 
response would best serve the ends of justice.
* * * * *

0
4. Revise paragraph (d)(1) and the introductory text of paragraph 
(d)(3) of Sec.  18.51 to read as follows:


Sec.  18.51  Discovery scope and limits.

* * * * *

[[Page 37540]]

    (d) Hearing preparation: Experts--(1) Deposition of an expert who 
may testify. A party may depose any person who has been identified as 
an expert whose opinions may be presented at trial. If Sec.  
18.50(c)(2)(ii) requires a report from the expert the deposition may be 
conducted only after the report is provided, unless the parties 
stipulate otherwise.
* * * * *
    (3) Hearing-preparation protection for communications between a 
party's representative and expert witnesses. Paragraphs (c)(1) and (2) 
under this section protect communications between the party's 
representative and any witness required to provide a report under Sec.  
18.50(c)(2)(ii), regardless of the form of the communications, except 
to the extent that the communications:
* * * * *

0
5. Revise paragraph (b) of Sec.  18.53 to read as follows:


Sec.  18.53  Supplementing disclosures and responses.

* * * * *
    (b) Expert witness. For an expert whose report must be disclosed 
under Sec.  18.50(c)(2)(ii), the party's duty to supplement extends 
both to information included in the report and to information given 
during the expert's deposition. Any additions or changes to this 
information must be disclosed by the time the party's prehearing 
disclosures under Sec.  18.50(c)(3) are due.

    Dated: June 17, 2015.
Stephen R. Henley,
Acting Chief Administrative Law Judge.
[FR Doc. 2015-16239 Filed 6-30-15; 8:45 am]
 BILLING CODE 4510-20-P

Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations 37539

Action—Indian Affairs, (202) 273–4680; has determined that it will no longer FOR FURTHER INFORMATION CONTACT:
elizabeth.appel@bia.gov. accept requests for acknowledgement Todd Smyth at the U.S. Department of
SUPPLEMENTARY INFORMATION: outside the Part 83 process. Rather, the Labor, Office of Administrative Law
Prior to the establishment of the Department intends to rely on the newly Judges, 800 K Street NW., Suite 400-
regulatory process for establishing that reformed Part 83 process as the sole North, Washington, DC 20001–8002;
an American Indian group exists as an administrative avenue for telephone (202) 693–7300.
Indian tribe in 1978 (‘‘the Part 83 acknowledgment as a tribe. SUPPLEMENTARY INFORMATION:
process’’), the Department used an Of course, the basis for the policy
shift being announced today is the Background
informal process for the Federal
acknowledgment of Indian tribes. The Department’s reform and improvement The final regulations that are the
Part 83 regulations formalized the of the Part 83 process. The recently subject of these corrections became
process by which the Department revised Part 83 regulations promote effective on June 18, 2015. The
reviewed requests and the criteria fairness, integrity, efficiency and regulations constitute the rules of
required of groups to obtain Federal flexibility. No group should be denied practice and procedure for
acknowledgment. The Department has access to other mechanisms if the only administrative hearings before the
resolved over 50 petitions using the Part administrative avenue available to them Office of Administrative Law Judges.
83 process. is widely considered ‘‘broken.’’ Thus,
this policy guidance is contingent on Need for Correction
However, even after the promulgation
of the Part 83 regulations in 1978, there the Department’s ability to implement As published, the final regulations
have been a range of requests by Part 83, as reformed. If in the future the contain four internal cross-reference
unrecognized groups to use other newly reformed Part 83 process is not in errors, and a typographical error in the
administrative processes to obtain effect and being implemented, this title of 29 CFR 18.33(e).
Federal acknowledgment. The policy guidance is deemed rescinded. List of Subjects in 29 CFR Part 18
Department has utilized those processes To conclude, any group within the
in limited circumstances. For example, contiguous 48 states seeking Federal Administrative practice and
the Department has ‘‘reaffirmed’’ some acknowledgment as an Indian tribe procedure, Labor.
tribes and reorganized some half-blood administratively must petition under 25 Accordingly, 29 CFR part 18 is
communities as tribes under the Indian CFR part 83 from this date forward. The corrected by making the following
Reorganization Act (IRA). decision to use only the recently correcting amendments:
Over the past couple of years, the reformed Part 83 process from this point
Department has undertaken a forward does not affect the validity of PART 18—RULES OF PRACTICE AND
comprehensive review and evaluation of any determination made prior to the PROCEDURE FOR ADMINISTRATIVE
the process and criteria by which it institution of this policy guidance; HEARINGS BEFORE THE OFFICE OF
federally acknowledges Indian tribes while the Department exercised its ADMINISTRATIVE LAW JUDGES
under 25 CFR part 83. As part of that discretionary authority to use those
■ 1. The authority citation for part 18
review of the proposed revisions to Part methods of acknowledgment in the past,
continues to read as follows:
83, we also received comments related it no longer will.
to the other administrative processes Authority: 5 U.S.C. 301; 5 U.S.C. 551–553;
Dated: June 26, 2015.
5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.
that have occasionally been used by the Kevin K. Washburn,
Department for acknowledgment. For Assistant Secretary—Indian Affairs. ■ 2. Revise paragraph (c) of § 18.32 to
example, the Eastern Band of Cherokee [FR Doc. 2015–16194 Filed 6–30–15; 8:45 am] read as follows:
Indians and Stand Up for California
BILLING CODE 4337–15–P § 18.32 Computing and extending time.
requested that the Department utilize
only the Part 83 process to acknowledge * * * * *
tribes. (c) Additional time after certain kinds
We recognize the concerns expressed DEPARTMENT OF LABOR of service. When a party may or must act
in comments about the use of within a specified time after service and
Office of the Secretary
administrative approaches for service is made under § 18.30(a)(2)(ii)(C)
acknowledgment other than Part 83. or (D), 3 days are added after the period
29 CFR Part 18
Having worked hard to make the Part 83 would otherwise expire under
process more transparent, timely and RIN 1290–AA26 paragraph (a) of this section.
efficient, while maintaining Part 83’s ■ 3. Revise paragraph (e) of § 18.33 to
fairness, rigor, and integrity, the Rules of Practice and Procedure for
Administrative Hearings Before the read as follows:
Department has decided that, in light of
these reforms to improve the Part 83 Office of Administrative Law Judges; § 18.33 Motions and other papers.
process, that process should be the only Corrections * * * * *
method utilized by the Department to AGENCY: Office of the Secretary, Labor. (e) Motions made at hearing. A
acknowledge an Indian tribe in the ACTION: Correcting amendments. motion made at a hearing may be stated
contiguous 48 states.1 The Department orally unless the judge determines that
SUMMARY: This document contains a written motion or response would best
1 With regard to Alaska, under 473a, Congress has corrections to the final regulations serve the ends of justice.
specifically provided: ‘‘that groups of Indians in which were published in the Federal * * * * *
tkelley on DSK3SPTVN1PROD with RULES

Alaska not recognized prior to May 1, 1936, as
bands or tribes, but having a common bond of Register of May 19, 2015 (80 FR 28768). ■ 4. Revise paragraph (d)(1) and the
occupation, or association, or residence within a Those regulations relate to rules of introductory text of paragraph (d)(3) of
well-defined neighborhood, community, or rural practice and procedure for § 18.51 to read as follows:
district, may organize to adopt constitutions and administrative hearings before the
bylaws and to receive charters of incorporation and
Federal loans under sections 470, 476, and 477 of Office of Administrative Law Judges. § 18.51 Discovery scope and limits.
this title.’’ DATES: Effective on July 1, 2015. * * * * *

VerDate Sep<11>2014 17:34 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\01JYR1.SGM 01JYR1

Document Created: 2015-12-15 13:19:00
Document Modified: 2015-12-15 13:19:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Correcting amendments.
Dates		Effective on July 1, 2015.
Contact		Todd Smyth at the U.S. Department of Labor, Office of Administrative Law Judges, 800 K Street NW., Suite 400-North, Washington, DC 20001-8002; telephone (202) 693-7300.
FR Citation		80 FR 37539
RIN Number		1290-AA26
CFR Associated		Administrative Practice and Procedure and Labor

80 FR 37539 - Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges; Corrections

DEPARTMENT OF LABOROffice of the Secretary

Federal Register Volume 80, Issue 126 (July 1, 2015)

DEPARTMENT OF LABOR
Office of the Secretary