---
kind: "section"
citation: "29 C.F.R. § 18.15"
title: "29"
number: "18.15"
heading: "Substitution of administrative law judge."
url: "https://uscodex.org/cfr/29/18.15"
---

# §18.15. Substitution of administrative law judge.

- (a) **Substitution during hearing.** If the judge is unable to complete a hearing, a successor judge designated pursuant to [§ 18.12](/cfr/29/18.12.md) may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties. The successor judge must, at a party's request, recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness.
- (b) **Substitution following hearing.** If the judge is unable to proceed after the hearing is concluded, the successor judge appointed pursuant to [§ 18.12](/cfr/29/18.12.md) may issue a decision and order based upon the existing record after notifying the parties and giving them an opportunity to respond. Within 14 days of receipt of the judge's notice, a party may file an objection to the judge issuing a decision based on the existing record. If no objection is filed, the objection is considered waived. Upon good cause shown, the judge may order supplemental proceedings.

## Notes

### Source

Source: 80 FR 28785, May 19, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

### Source

Source: 48 FR 32538, July 15, 1983, unless otherwise noted.