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DOJXDRUG0008 - Appeal Level 1 - Procedures

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Agency Scheme:

DOJXDRUG0008

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the Attorney General

Appeal Office (global name):

Department of Justice: Office of the Attorney General

Appeal Officer #1 (Title):

Attorney General

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

No

Comments/Notes on Adjudication Structure:

Civil Penalty for Possession of Controlled Substances

PROCESS & PROCEDURE - General Information

Which party (or parties) is/are permitted to file appeals with this office?:

Either

Are private parties permitted to have representation at appeal hearings?:

Yes (All Types of Cases)

Who may serve as a private party representative?:

Attorney

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

Yes (All Types of Cases)

Who may serve as an agency representative?:

Attorney

Are ex parte contacts prohibited?:

Yes (All Types of Cases)

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

28 CFR 76.36

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

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

The Attorney General must enter an order which adopts, affirms, modifies, or vacates the order from the hearing level within 30 days from the date of the filing of the request for review, otherwise the hearing level order becomes the final administrative decision.

Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:

Yes (Some Types of Cases)

If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable:

If the final order determines that the respondent is subject to a civil penalty, he/she may file for judicial review, but there is no provision that the agency may appeal an order to vacate the hearing level decision.

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	Pay Plan	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?
Attorney General	EX	No	No	The Attorney General is the head of the Department of Justice and chief law enforcement officer of the Federal Government. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.	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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DOJXDRUG0008 - Appeal Level 1 - Procedures