Which party (or parties) is/are permitted to file appeals with this office?:
Private Party
Are private parties permitted to have representation at appeal hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Attorney
About what percentage of private parties were represented at hearings (FY2013)?:
13.00%
Is the agency permitted to have representation at appeal hearings?:
N/A (e.g., Agency Not Party to Hearing)
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations):
33 CFR 1.07-75
What types of hearings are permitted on appeals adjudicated by this office?:
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)Written (Document-Only) Hearing:100%
How is the type of hearing selected for appeals heard by this office?:
Required by Rule
How many appeal officers preside at each hearing?:
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:
No
Can third-parties submit amicus briefs and/or evidence?:
No
Are appeal hearings recorded and/or transcribed?:
N/A (Document-Only Hearings)
Are appeal hearings open to the public?:
N/A (Document-Only Hearing)
Who typically drafts final decisions on appellate cases adjudicated by this office?:
Staff Attorney
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?:
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:
Yes (All Types of Cases)
How are claims/cases processed at this appellate office?:
First-In/First-Out Basis
Please briefly describe your case management practice(s) at this office:
Some exceptions to first-in/first-out for management purposes (e.g. when assistance is provided by less experienced staff).
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?:
No
Are final decisions issued by this appellate office published and/or posted on the agency website?:
Yes (All Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe:
Redacted versions posted on agency website; however, posting may not be immediate.
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
33 CFR 1.07-70, 75(a)
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:
No
Total # of Appeal Officers:
1
Information About Appeal Officer:
Adjudication Officer Title | Job Series | Pay Plan | Pay Range | Are persons in this position subject to performance evaluation? | Are persons in this position employed full-time as adjudication officers? | If "No", briefly describe other duties: | Are persons in this position subject to quality control measures or production goals? | If "Yes," briefly describe: |
---|---|---|---|---|---|---|---|---|
Civil Penalty Appellate Authority | 0905-Gen'l Attorney Series | GS | GS-15 | Yes | No | The individual also adjudicates two other types of appeals, including another type of administrative adjudication, and courts-martial as the Chief Judge of the Coast Guard Court of Criminal Appeals. | Yes | Timeliness goals. |
Is ADR available at one or more points for appellate cases heard by this office?:
No
For Fiscal Year 2013, please provide the following annual ADR statistics:
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Supplementary Caseload Statistics by Case Type:
Verified by Agency:
Verified