Joint project of ACUS and Stanford Law School

DHSCCGID0009 - Appeal Level 1 - Procedures

Open All Tabs | Close All Tabs

Other Fields

Agency Scheme:

DHSCCGID0009

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Appeal Board

Appeal Office (global name):

Department of Homeland Security: Appeal Board

Sub-Agency/Bureau/Division::

Appeal Board

Appeal Officer #1 (Title):

Appeal Board Member

Appeal Officer #2 (Title):

Commandant

Are administrative appeals permitted from final decisions issued by this appellate office?:

No

Comments/Notes on Adjudication Structure:

After the initial hearing, the Hearing Board submits a recommendation to the Commandant, who makes the decision whether to issue or withhold/withdraw a Security Card. Applicants/holders who receive an unfavorable ruling may appeal to an Appeal Board at Coast Guard Headquarters. The Appeal Board holds a hearing under the same procedures, and makes a recommendation to the Commandant, who makes the final decision. See 33 CFR Part 125

PROCESS & PROCEDURE - General Information

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?:

Either

Is the agency permitted to have representation at appeal hearings?:

N/A (e.g., Agency Not Party to Hearing)

Regulations/rules of practice for appeal hearings (please include CFR citations):

33 CFR 125.47

PROCESS & PROCEDURE - Hearing Procedure

What types of hearings are permitted on appeals adjudicated by this office?:

In-Person

How is the type of hearing selected for appeals heard by this office?:

Required by Rule

How many appeal officers preside at each hearing?:

Three

Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:

Yes (All Types of Cases)

Can third-parties submit amicus briefs and/or evidence?:

Yes

Are appeal hearings recorded and/or transcribed?:

Yes

Are appeal hearings open to the public?:

Varies by Case

If "Varies by Case," please describe:

33 CFR 125.43(b) - The hearing shall be in open or closed session at the option of the applicant or holder.

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

Who has authority to issue final decisions on appellate cases adjudicated by this office?:

Program Official

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?:

No

PROCESS & PROCEDURE - Case Management

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?:

No

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 125.43(e) - "Anystatement and affidavits filed by the applicant or holder..."; (i) - "The Hearing Board shall give due consideration to documentary evidence developed by investigation, including membership cards, petitions bearing the applicant's or holder's signature, books, treatises or articles written by the applicant or holder and testimony by the applicant or holder before duly constituted authority"; (j) - "Complete verbatim stenographic transcription... shall constitute a permanent part of the record"

Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:

No

ADJUDICATORS

Total # of Appeal Officers:

3

Information About Appeal Officer:

Adjudication Officer Title	Job Series	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?
Appeal Board Member	0000-Misc Occupations Group		No	No	The Commandant shall designate for the Appeal Board a Chairman, who shall be so far as practicable, an officer of the Coast Guard. The Commandant shall designate, so far as practicable, a member from a panel of persons representing management nominated by the Secretary of Labor, and a member from a panel of persons representing labor nominated by the Secretary of Labor. See 33 CFR 125.47(a)	No
Commandant	0000-Misc Occupations Group	O-10	No	No	The Commandant is the head of the U.S. Coast Guard, and has other duties commensurate with his position.

ADR: General Information

Is ADR available at one or more points for appellate cases heard by this office?:

No

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

CASELOAD STATISTICS - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Not verified

Search form

You are here

Reports

User login

DHSCCGID0009 - Appeal Level 1 - Procedures