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DOTRCHRT0016 - Appeal Level 1 - Procedures

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Agency Scheme:

DOTRCHRT0016

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the Administrator

Appeal Office (global name):

Department of Transportation: Office of the Administrator

Appeal Officer #1 (Title):

Administrator

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

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

No

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

49 CFR 604.48 - 604.49

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?:

Yes (Some Types of Cases)

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):

-49 CFR 604.48(b): "(b) If an appeal is filed [by a party], the Administrator reviews the entire record and issues a final agency decision based on the record that either accepts, rejects, or modifies the Chief Counsel's decision within 30 days of the due date of the reply. ..." -49 CFR 604.49(a)(3): "(3) The Administrator issues a final agency decision and order within 30 days of the due date of the briefs on review [in appeals filed by the agency sua sponte]. ..."

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

Yes (All Types of Cases)

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

PROCESS & PROCEDURE

Comments/Notes on Appellate Process & Procedures (Optional):

-The hearing level procedures permit the filing of complaints electronically. See 49 CFR 604.30(a). The appeal regulations do not. See 49 CFR 604.48(a) (stating that "[f]iling and service of appeals and replies shall be by personal delivery consistent with §§ 604.30 and 604.31").

ADJUDICATORS

Total # of Appeal Officers:

1

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?
Administrator	No	No	-49 CFR 601.4 states in pertinent part: "The Administrator is responsible for the planning, direction and control of the activities of FTA and has authority to approve Federal transit grants, loans, and contracts." As the agency head, the Administrator oversees and provides strategic direction for FTA's activities that promote the development of safe, comprehensive and environmentally-friendly public transit systems. See www.fta.dot.gov/about_FTA_9772.html; see also 49 CFR 1.90.	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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DOTRCHRT0016 - Appeal Level 1 - Procedures