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DOTRMERC0006 - Appeal Level 1 - Procedures

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Agency Scheme:

DOTRMERC0006

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Maritime Administration

Appeal Office (global name):

Department of Transportation: Maritime Administration

Appeal Officer #1 (Title):

Administrator

Appeal Officer #2 (Title):

Maritime Subsidy Board

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

Yes (Some Types of Cases)

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?:

Either

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):

46 CFR 201.1 - 201.55, 201.161 - 201.185

PROCESS & PROCEDURE - Hearing Procedure

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

Written (Document-Only) Hearing

In-Person

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

By Agency

By Private Party

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?:

Adjudication Officer Discretion

Are appeal hearings recorded and/or transcribed?:

No

Are appeal hearings open to the public?:

Varies by Case

If "Varies by Case," please describe:

The regulations are unclear with respect to oral hearings. This question does not apply to document-only hearings.

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?:

No

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

Yes (Some 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?:

Yes (Some Decisions)

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):

46 CFR 201.150

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

Yes (All Types of Cases)

If "Yes," please provide citation(s):

46 CFR 201.173 - 201.175

PROCESS & PROCEDURE

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

-46 CFR 201.173 states that "the Administration may at any time reopen any proceeding under the regulation in this part for rehearing, reargument, or reconsideration in whole or in part." -The provisions regarding recording of proceedings appear to apply only to those in which evidence is presented. See 46 CFR 201.147 (referring to transcripts of "testimony").

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:
Administrator	No	No	The Administrator serves to advise the Secretary of Transportation on commercial maritime matters, the U.S. maritime industry, and strategic sealift. He also also maintains contact with international maritime groups, conducts negotiations, conducts relations with other agencies of the Federal Government, and develops Administration policy. See http://www.marad.dot.gov/about_us_landing_page/administrators_office_home/administrators_office_home.htm; see also 49 CFR 1.93.
Maritime Subsidy Board

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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DOTRMERC0006 - Appeal Level 1 - Procedures