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DOJXBOPC0005 - Appeal Level 1 - Procedures

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Agency Scheme:

DOJXBOPC0005

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the General Counsel

Appeal Office (global name):

Department of Justice: Office of the General Counsel

Sub-Agency/Bureau/Division::

Bureau of Prisons

Appeal Officer #1 (Title):

General Counsel

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

No

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

Are ex parte contacts prohibited?:

No

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

28 CFR 541.45; 28 CFR 542.14

Other published guidance for appeal hearings (if any):

http://www.bop.gov/policy/progstat/1330_018.pdf

PROCESS & PROCEDURE - Hearing Procedure

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)

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?:

Adjudication Officer

Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?:

Yes (All Types of Cases)

If "Yes," please specify these time limit(s):

A response shall be made by the General Counsel within 40 calendar days of the receipt of the appeal. 28 CFR 542.18.

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?:

No

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

No

ADJUDICATORS

Information About Appeal Officer:

Adjudication Officer Title	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?
General Counsel	No	No	The Office of General Counsel represents the BOP on a broad range of legal, policy, and management issues. The primary responsibility of the regional legal offices is to provide litigation support for inmate litigation arising out of the prisons located within the region, and to provide legal advice to regional office and prison administrators. Central Office legal staff is responsible for defending the BOP and staff in inmate civil litigation, providing legal assistance and advice on correctional issues, such as inmates rights and conditions of confinement, representing the BOP against protests and claims in government contract matters, and providing advice and training on real estate and environmental matters, government ethics, labor/management and personnel issues, and Freedom of Information Act/Privacy Act (FOIA/PA) requests. The Division also coordinates the BOP's rule-making process and OGC's continuing professional education programs.	No

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

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DOJXBOPC0005 - Appeal Level 1 - Procedures