Frequently Asked Questions

The following FAQs are provided simply as an aid to facilitate access to the Office of Administrative Law Judges (OALJ) informational resources. The answers provided are not intended to be, nor should they be construed, as legal advice. Information may be subject to change without notice, and parties should always refer to instructions provided by the Hearing Clerk’s Office or directions provided in the orders issued as a part of that party’s case.
 

1. Where can I find a copy of the procedural rules that will apply to my case?

The Office of Administrative Law Judges (OALJ) adjudicates proceedings under numerous rules of practice and procedure. The applicable set of rules depends upon the relevant act(s) or statute(s). Parties should always refer to the cover letter sent from the Hearing Clerk’s Office for specifics; however, most cases are governed by the Rules of Practice and Procedure Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes (7 C.F.R. §§ 1.130 et seq.) (Rules of Practice) or by the Supplemental Rules of Practice and Procedure (7 C.F.R. §§ 3.80.10; 9 C.F.R. §§ 4.10–4.11, 12.1–12.10, 49.1–49.10, 162.1–162.13) (Supplemental Rules of Practice), which are available on the “Rules and Procedures” page of the Office of Hearings and Appeals (OHA) website.

Please note, however, that some proceedings are conducted under other rules of practice and procedure. For further information regarding the various rules applicable to OALJ (including links to the pertinent statutes and regulations), please refer to the chart on the OALJ Acts and Programs Administered page and to the Rules of Practice and Procedure Guide.

2. How many days does a respondent have to file an answer to a complaint?

The Office of Administrative Law Judges (OALJ) adjudicates proceedings under more than 50 statutes and programs, and the rules for hearing or administrative-review procedures may vary. Respondents should always refer to the cover letter sent from the Hearing Clerk’s Office for specifics, but generally a respondent has 20 calendar days after being served with a complaint (10 calendar days in PACA 4(d) proceedings regarding licensing (7 U.S.C. § 499d(d)) to file an answer. See 7 C.F.R. § 1.136(a). Weekends and federal holidays are included in the count; however, if the due date falls on a Saturday, Sunday, or federal holiday, generally the answer will be due the following work day. See 7 C.F.R. § 1.147(h).

Generally, an answer is deemed to be filed on the date it reaches the Hearing Clerk’s Office. See 7 C.F.R. § 1.147(g). An answer must be received no later than 4:30 p.m. Eastern on the due date to be deemed timely. Submissions received after 4:30 p.m. Eastern will not be deemed filed until the following work day.

**Due to the COVID pandemic the USDA South Building is closed to the public. Upon reopening of the South Building, please note that in-person office hours may remain limited. If you prefer to make an in-person filing, please call the Hearing Clerk’s Office in advance to make sure the office is open the day and time of intended filing. To ensure that a filing is timely, and to avoid potentially severe effects of an untimely filing, filings by email, fax, or air courier, for delivery prior to 4:30 pm Eastern on the due date is recommended.

Please note that due dates for answers are strictly enforced. See FAQ #3. Failure to file a timely answer shall be deemed an admission of the allegations in the complaint, shall constitute a waiver of hearing, and may result in default judgment against the respondent. See 7 C.F.R. §§ 1.136(c), 1.139.

3. How can I get more time to submit my answer?

If you need additional time to file an answer, you must file a motion for an extension of time with the Hearing Clerk’s Office. Your motion must be filed no later than the date your answer is due. See 7 C.F.R. § 1.136(c). Motions filed after the answer due date will not be deemed timely and may result in default. See 7 C.F.R. §§ 1.136(c), 1.139; see also FAQ # 2.

Your motion for an extension of time to file an answer should include: the reason you are requesting the extension; the amount of time needed; and any information as to whether you have discussed the extension with the opposing party, including whether the opposing party agrees. Discussing a proposed extension of time with the opposing party before filing is strongly encouraged.

4. Whom do I talk to about settling my case?

You may discuss settling a case with the opposing party at any time after receiving a complaint and before an initial decision and order is issued. See 7 C.F.R. § 1.138. If you would like to discuss settling your case without going to hearing, you should contact the attorney for the opposing party (contact information may be found at the signature line of the complaint or in the certificate of service). The Office of Administrative Law Judges (OALJ), and specifically the Judges, should not be included in any communications in which the parties discuss settlement.
 

5. What should an answer to a complaint include, and how and where do I submit an answer?

Answers may be filed with the Hearing Clerk’s Office in person or via mail, commercial delivery service (such as FedEx or UPS), facsimile, or email. See FAQ #2. Please visit Contact the Hearing Clerk’s Office for more information.

Please note that answers must be received by the Hearing Clerk’s Office no later than 4:30 p.m. Eastern on the due date to be deemed timely. Submissions received after 4:30 p.m. Eastern will not be deemed filed until the following workday. See, e.g., 7 C.F.R. § 1.147(g)-(h).

Also note that answers must contain specific contents, including the original signature of the filing party or the filing party’s attorney. See 7 C.F.R. § 1.136(b).

6. How do I request a hearing?

You may request a hearing by including such request in your answer or by filing a separate request, in writing, with the Hearing Clerk’s Office within the time period for filing the answer.

Please note that failure to request a hearing on or before the date your answer is due shall constitute a waiver of such hearing. See 7 C.F.R. § 1.141(a).

7. After a complaint and answer have been filed, what is the next step?

Once a complaint and timely answer have been filed, the assigned Judge will generally issue an exchange order that directs the parties to file a list of proposed witnesses and exhibits and to exchange the lists of proposed witnesses and exhibits, as well as copies of proposed exhibits, with the opposing party by a certain date. Additionally, the assigned Judge will generally schedule a prehearing telephone conference with the parties and their counsel. The purpose of the prehearing conference is to assess the status of the case, discuss potential hearing dates and locations, and establish deadlines for the parties to exchange exhibits and witness lists. See 7 C.F.R. § 1.140.

8. What is the best way to send mail to the USDA Hearing Clerk’s Office?

To avoid delay, it is recommended that parties use a commercial carrier (such as FedEx or UPS) or USPS priority service when mailing to the Hearing Clerk’s Office to avoid delay.

Please note that filings must be received by the Hearing Clerk’s Office no later than 4:30 p.m. Eastern on the due date to be deemed timely. Submissions received after 4:30 p.m. Eastern will not be deemed filed until the following work day. See 7 C.F.R. § 1.147(g)-(h).

9. When and where will my hearing take place?

If you have timely requested a hearing (see FAQ # 6), the hearing time and location will be determined by the assigned Judge, generally with input from the parties. See 7 C.F.R. § 1.141(b); see also 7 C.F.R. § 1.140.

10. Where can I find OALJ decisions?

Decisions and orders issued by the Office of Administrative Law Judges (OALJ) are generally available online and may be found via the Office of Hearings and Appeals (OHA) Decisions and Determinations page or Agriculture Decisions publication. Decisions may be available on legal search engines such as Westlaw and LexisNexis.

OALJ generally posts decisions and orders to the OHA website as they are issued. To locate a specific decision or browse through decisions by category, please visit the OALJ Decisions page. The database contains initial decisions issued by OALJ (including those entered on default or by consent) from 2010 to present.

In addition to uploading decisions and orders individually, OALJ publishes a comprehensive volume of Agriculture Decisions for each calendar year.

11. How can I obtain documents filed in a case?

Please visit the Contact the Hearing Clerk’s Office page for instructions and requirements for submitting an information request.

12. Am I required to obtain an attorney? Can a family member speak for me, or can I represent myself?

Non-government parties are not required to have attorneys; however, due to the complexity of the proceedings, non-government parties may elect to be represented. If you are represented by an attorney, that attorney should file a notice of appearance (see FAQ # 13) confirming that you have hired that attorney to represent you in the case and confirming the appropriate mailing address and contact information. See 7 C.F.R. §§ 1.136(a), 1.141(c).

Non-government parties may also elect to represent themselves (appear pro se) or may be permitted to have a non-attorney representative as determined by the assigned Judge on a case-by-case basis. If you elect to appear pro se please ensure that your proper address and contact information have been filed with the Hearing Clerk’s Office.

A non-attorney representative is not considered a party to the case, may not hold him- or her-self out as an attorney, and the party will continue to be considered as appearing pro se in the official record of the case. If a party wishes for correspondence to be directed to a non-attorney representative, the party should file with the Hearing Clerk’s Office: (1) written consent confirming that the non-attorney representative may receive information about the case; and (2) the non-attorney representative’s proper mailing address and contact information (including telephone number and email).

13. What is a notice of appearance, and who needs to file one?

A notice of appearance is a filing by a party’s attorney entering an appearance on behalf of the party, confirming that the party has hired that attorney to represent the party in the case, and confirming the appropriate mailing address and contact information. See 7 C.F.R. §§ 1.136(a), 1.141(c); see also FAQ #11.

14. What happens if I don’t participate in a telephone conference or scheduled hearing?

If you have received notice of a telephone conference but cannot participate, you should notify the assigned Judge as instructed in the notice as soon as possible but no later than 24 hours prior to the scheduled telephone conference and include alternative availability. If you fail to participate in a telephone conference of which you have been provided notice or have been directed to attend, any decisions (such as exchange deadlines and hearing dates) made during the telephone conference will be applicable to you despite your absence.

If you fail to appear at a scheduled hearing without good cause, you shall be deemed to have waived your right to an oral hearing, to have admitted to any facts that were presented at the hearing, and (if you are a respondent) to have admitted to the material allegations of fact contained in the complaint. See 7 C.F.R. § 1.141(e).

15. What happens after the hearing, and how long do I have to wait for the Judge to decide my case?

The Judge may decide to issue a decision orally at the close of the hearing or in writing “within a reasonable time after the closing of the hearing.” 7 C.F.R. § 1.142(c)(1). Typically, the Judge will set filing deadlines for proposed corrections to the hearing transcripts, post-hearing briefs, and responses to post-hearing briefs during or immediately following a hearing. See 7 C.F.R. § 1.142(a)-(b).

There is no set time that it will take for the Judge to issue a decision and order in a case. Factors such as filing dates, extensions, and complexity of a case may affect the time needed for the Judge to issue a decision.

16. If I need an interpreter, is one provided by the government?

Based upon a written request supported by good cause filed with the Hearing Clerk’s Office as far in advance of the hearing as possible, the Office of Administrative Law Judges (OALJ) may assist, on a case-by-case basis, in securing a language interpreter where a party or witness has a limited ability to read, speak, write, or understand English or a sign-language interpreter where a party or witness requires.

17. May I contact the Judge directly to discuss my case?

No. Parties to a case may not contact the Judge directly to discuss a case, as this would be considered ex parte communication. See 7 C.F.R. § 1.151. All filings must be made with the Hearing Clerk’s Office, and all un-filed communications (whether made in person, by phone, by email, or by any other means) must include the opposing party.

18. How do I request a different hearing date?

If you need to request a different hearing date, you must file, in writing with the Hearing Clerk’s Office, a motion requesting an alternative hearing date. The motion should be filed as early as possible for consideration and to allow time for rescheduling. Your motion should include the reason you are requesting an alternative hearing date, any information as to whether you have discussed the proposed alternative hearing date with the opposing party, and whether the opposing party agrees or objects to the proposed alternative hearing date. Discussion with the opposing party prior to filing is greatly encouraged.

Please keep in mind that if you are a party to a case and fail to appear at a scheduled hearing without good cause, you shall be deemed to have waived your right to an oral hearing, to have admitted to any facts that were presented at the hearing, and (if you are a respondent) to have admitted to the material allegations of fact contained in the complaint. See 7 C.F.R. § 1.141(e).

19. What can I do if I disagree with the Judge’s decision?

You may appeal the Judge’s decision to the Judicial Officer. See 7 C.F.R. § 1.145. To do so, generally you must file an appeal petition with the Hearing Clerk’s Office within 30 days after receiving service of the Judge’s decision (or, if the decision is an oral decision, within 30 days after issuance thereof). See 7 C.F.R. § 1.145(a).

The appeal petition should state why you disagree with the Judge’s decision or why you think the Judge was wrong. Each issue set forth in the petition, as well as the arguments regarding each issue, shall: (1) be separately numbered; (2) be plainly and concisely stated; and (3) contain detailed citations to the record, statutes, regulations, or authorities being relied upon in support of each argument. You may also file a brief in support of the appeal simultaneously with the appeal petition. See 7 C.F.R. § 1.145(a).

20. How much time do I have to file an appeal of the Judge’s decision?

Generally, you must file your appeal petition with the Hearing Clerk’s Office within 30 days after receiving service of the Judge’s decision or, if the decision was an oral decision, within 30 days after issuance of the Judge’s decision. See 7 C.F.R. § 1.145(a).

If you need additional time to file an appeal, you should file a motion for an extension of time with the Hearing Clerk’s Office. See 7 C.F.R. § 1.147(f). Your motion must be filed no later than the date your appeal petition is due. See 7 C.F.R. § 1.147(g)-(h). Motions filed after the appeal deadline will not be deemed timely and will result in denial of the appeal petition.

Your motion for extension of time to file an appeal petition should include the reasons why you are requesting the extension, the amount of time needed, and any information as to whether you have discussed the extension with the opposing party. Discussing the proposed extension of time with the opposing party before filing a motion for extension is greatly encouraged.

21. How do I file a motion or request for something other than an extension of time?

Generally, you must file your motion or request in writing with the Hearing Clerk’s Office. See 7 C.F.R. § 1.143(a). Your motion or request “shall state the particular order, ruling, or action desired and the grounds therefor.” 7 C.F.R. § 1.143(c). 

All motions or requests concerning the complaint must be made within the time allowed for filing an answer. 7 C.F.R. § 1.143(b)(2); see also 7 C.F.R. § 1.41; FAQ # 6. Please note, however, that motions to dismiss on the pleading(s) will not be entertained. 7 C.F.R. § 1.143(b)(1).

The opposing party will generally have 20 days after service of your motion or request to respond. See 7 C.F.R. § 1.143(d); FAQ # 22.

22. How long do I have to respond to a motion or request filed by the opposing party?

Generally, you must file your response to the motion or request within 20 days after service of the motion or request. See 7 C.F.R. § 1.143(d); FAQ # 21.