Final rule updating OCAHO hearing procedures and the Chief Administrative Law Judge role
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This rule updates the hearing procedures used by the Office of the Chief Administrative Hearing Officer for immigration-related employment and document fraud cases. It formalizes the Chief Administrative Law Judge role, clarifies who supervises whom, and fixes filing and reassignment rules when a judge or reviewer is unavailable or disqualified. For employers, respondents, and practitioners who appear in OCAHO cases, the practical effect is mostly procedural. Filing labels and references are corrected, some documents may still need to go to the Chief Administrative Hearing Officer instead of the judge, and case reassignment rules are now cleaner if a judge cannot act. No new penalties or substantive rights are created.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Creates and clarifies the Chief Administrative Law Judge role within OCAHO and its relationship to the Chief Administrative Hearing Officer
- Corrects the definition of 'pleading' so some filings can be made to the Chief Administrative Hearing Officer, not only to a judge
- Fixes the case reassignment rule when an Administrative Law Judge is unavailable, and cleans up duplicate or outdated regulatory text
Obligations
What this law requires
Parties submitting pleadings in OCAHO cases must file the pleading with the Chief Administrative Hearing Officer when no judge is assigned, rather than only with an Administrative Law Judge or the Chief Administrative Law Judge.
Parties filing pleadings in OCAHO cases must submit complaints, answers, motions, supplements or amendments, and permitted replies to the Administrative Law Judge, or when no judge is assigned, to the Chief Administrative Law Judge or the Chief Administrative Hearing Officer, rather than using outdated references to the Chief Administrative Hearing Officer alone.
Complainants must file the complaint with the Office of the Chief Administrative Hearing Officer, including an original and four copies, as specified in 28 CFR 68.6(a).
A complaint must be filed with the Chief Administrative Hearing Officer in the manner required by part 68, including submission of an original and four copies.
When an Administrative Law Judge designated to conduct a hearing becomes unavailable, the Chief Administrative Law Judge or the Chief Administrative Hearing Officer must designate another Administrative Law Judge to continue the hearing or take other appropriate action.