20 CFR 725.455 - Hearing procedures; generally

Cite as20 CFR 725.455
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165 practice notes
  • Black Lung Benefits Act: Disclosure of Medical Information and Payment of Benefits
    • United States
    • Federal Register April 29, 2015
    • April 29, 2015
    ...in such manner as to best ascertain the rights of the parties.'' 33 U.S.C. 923(a), as incorporated by 30 U.S.C. 932(a). See also 20 CFR 725.455(b). This statutory provision evidences Congress's strong preference for ``best ascertaining the rights of the parties''-- in other words, getting t......
  • Black Lung Benefits Act: Disclosure of Medical Information and Payment of Benefits
    • United States
    • Federal Register April 26, 2016
    • April 26, 2016
    ...officer, who is charged with governing the conduct of proceedings and resolving contested issues of fact or law (see generally 20 CFR 725.455), should be free, however, to fashion a remedy unique to the particular case at hand when warranted. But to clarify this provision and allay any conc......
  • Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges
    • United States
    • Federal Register May 19, 2015
    • May 19, 2015
    ...see also Prince v. Island Creek Coal Co., BRB No. 01-0448 BLA, 2002 WL 34707263 (Ben. Rev. Bd. Jan. 24, 2002) (reading 29 CFR 18.14 and 20 CFR 725.455 as complementary rules providing the ALJ with broad discretion to direct discovery), aff'd, 76 Fed.Appx. 67, 2003 WL 22176988 (6th Cir. Sept......
  • Hill v. Presley Trucking Co., BRB 20-0123 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 16, 2021
    ...or determinations made with respect to a claim by a district director shall not be considered by the administrative law judge." 20 C.F.R. §725.455(a). When a party requests a formal hearing after a district director's proposed decision, an administrative law judge must proceed de novo and i......
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167 cases
  • Hill v. Presley Trucking Co., BRB 20-0123 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • September 16, 2021
    ...or determinations made with respect to a claim by a district director shall not be considered by the administrative law judge." 20 C.F.R. §725.455(a). When a party requests a formal hearing after a district director's proposed decision, an administrative law judge must proceed de novo and i......
  • Chappell v. Drummond Company, Inc., BRB 11-0290 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • January 31, 2012
    ...in deciding whether to admit evidence in an administrative proceeding, is not bound by common law or statutory rules of evidence. 20 C.F.R. §725.455(b). Instead, a less stringent standard is applicable to evidence submitted in administrative hearings under the pertinent provisions of the AP......
  • Griffith v. Eastern Associated Coal Co., BRB 19-0441 BLA
    • United States
    • Court of Appeals of Black Lung Complaints
    • February 25, 2021
    ...the district director's PDO findings do not constrain administrative law judge oversight in any way: they review all issues de novo. 20 C.F.R. § 725.455(a). Amicus, like employer, did not in its opening brief point to any authority other than Freytag and Lucia to argue district directors ar......
  • Arch Coal, Inc. v. Hugler, Civil Action No. 16–669 (JDB)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 16, 2017
    ...before the ALJ). If the parties request a hearing, the ALJ makes a de novo determination of the Responsible Operator's liability. See 20 C.F.R. § 725.455(a) ; Pyro Mining Co. v. Slaton , 879 F.2d 187, 190 (6th Cir. 1989). In that hearing, the District Director "bears the burden of proof tha......
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