(a) General provision. These rules govern formal adversarial adjudications conducted by the United States Department of Labor before a presiding officer.
(1) Which are required by Act of Congress to
be determined on the record after opportunity for an administrative agency
hearing in accordance with the Administrative Procedure Act
5 U.S.C
554, 556 and557, or
(2) Which by United States Department of
Labor regulation are conducted in conformance with the foregoing provisions
Presiding officer, referred to in these rules as the
judge, means an Administrative Law Judge, an agency head, or other
officer who presides at the reception of evidence at a hearing in such an
adjudication.
(b) Rules inapplicable. The rules (other than with respect to privileges) do not apply in the following situations:
(1)
Preliminary questions of
fact. The determination of questions of fact preliminary to
admissibility of evidence when the issue is to be determined by the judge under
§18.104.
(2)
Longshore, black lung, and related acts. Other than with
respect to §§18.403
18.611 (a), 18.614 and without
prejudice to current practice, hearings held pursuant to the Longshore and
Harbor Workers' Compensation Act
33 U.S.C.
901; the Federal Mine Safety and Health Act
(formerly the Federal Coal Mine Health and Safety Act) as amended by the Black
Lung Benefits Act, 30 U.S.C.
901; and acts such as the Defense Base Act,
42 U.S.C.
1651; the District of Columbia Workmen's
Compensation Act, 36 DC Code 501; the Outer Continental Shelf Lands Act,
43 U.S.C.
1331; and the Nonappropriated Fund
Instrumentalities Act, 5
U.S.C. 8171, which incorporate section 23(a)
of the Longshore and Harbor Workers' Compensation Act by reference.
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