federal_register: 95-10604
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
This data as json
| document_number | title | type | abstract | publication_date | pub_year | pub_month | html_url | pdf_url | agency_names | agency_ids | excerpts | regulation_id_numbers |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 95-10604 | Rules of Procedure | Proposed Rule | The Occupational Safety and Health Review Commission proposes to revise its rules governing simplified proceedings and to institute a pilot E-Z Trial program. This program would be instituted on a limited basis for a one year trial period. After the trial period, the Commission would evaluate the results and determine whether it should continue the E-Z Trial program and, if so, what modifications should be made. As the name implies, E-Z Trial would simplify and accelerate the adjudicative process for cases that warrant a less formal, less expensive process. The most significant change to the rules would strengthen the role of Commission judges in determining whether a case is tried under simplified proceedings. The Commission has concluded that the current underutilization of simplified proceedings could be remedied through a mechanism by which the Chief Administrative Law Judge or the judge assigned to an individual case could unilaterally direct that a case be tried under simplified proceedings. Thus, under the E-Z Trial program, the Commission's Chief Judge would have the authority to determine whether a case would proceed by either conventional proceedings or the E-Z Trial program. This should result in greater use of simplified proceedings while preserving the use of conventional proceedings where needed. E-Z Trial should reduce the time and expense of litigation in such cases. However, the presiding judge may discontinue E-Z Trial proceedings and reinstate conventional procedures if the [[Page 21059]] case no longer is appropriate for the simplified rules. In this way, the Commission can provide efficient, user-friendly adjudication, while assuring insofar as possible in all cases that due process is met and a hearing is conducted that meets the requirements of the Administrative Procedure Act, 5 U.S.C. 554, 556 (``APA''). At any time, any party may request that conventional rather than E-Z Trial proceedings be used. Discontinuance of E-Z Trial is at the discretion of the judge after consultation with the Chief Judge. At the conclusion of an E-Z Trial proceeding, a party may file a petition for discretionary review under Sec. 2200.91 if they can establish that they have been materially prejudiced either by the use of E-Z Trial rather than conventional proceedings or by a lack of due process during those proceedings, provided objections to use of the E-Z Trial procedure were raised in a timely fashion to the judge. | 1995-05-01 | 1995 | 5 | https://www.federalregister.gov/documents/1995/05/01/95-10604/rules-of-procedure | https://www.govinfo.gov/content/pkg/FR-1995-05-01/pdf/95-10604.pdf | Occupational Safety and Health Review Commission | 387 | The Occupational Safety and Health Review Commission proposes to revise its rules governing simplified proceedings and to institute a pilot E-Z Trial program. This program would be instituted on a limited basis for a one year trial period. After the... |