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USDAOCCU0017 - Appeal Level 1 - Procedures

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Agency Scheme:

USDAOCCU0017

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Regional Foresters

Appeal Office (global name):

Department of Agriculture: Regional Foresters

Sub-Agency/Bureau/Division::

Forest Service

Appeal Officer #1 (Title):

Discretionary Reviewing Officer

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

No

Comments/Notes on Adjudication Structure:

Discretionary review of hearing-level decisions by Discretionary Reviewing Officer related to review of written Forest Service (FS) decisions involving written instruments authorizing occupancy or use of National Forest System lands and resources. (36 CFR 214.19). Cases generally address livestock grazing, minerals, or special uses. Discretionary review only at the initiation of the Discretionary Reviewing Officer based on enumerated criteria set forth in regulation. The Discretionary Reviewing Officer is the FS official who is one organizational level above the Appeal Deciding Officer (who, in turn, is one organizational level above the FS official -- referred to as the "Responsible Official" -- who issued from which the initial challenge was initiated. Discretionary Reviewing Officer may thus be any one of several FS officials (i.e., Regional Forester, Forest Service Chief, or Under Secretary for Natural Resources and Environment) in any particular case, depending on which FS official served as the Responsible Official and Appeal Deciding Officer.

PROCESS & PROCEDURE - General Information

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

Agency

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

No

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

No

Are ex parte contacts prohibited?:

No

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

36 CFR 214.19

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?:

No

Are appeal hearings open to the public?:

N/A (Document-Only Hearing)

PROCESS & PROCEDURE - Post-Hearing Procedure

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 Discretionary Reviewing Officers has 30 days to issue conduct a written discretionary review decision after notifying the parties and the Appeal Deciding Officer that a review will be conducted. (36 CFR 214.19(a), 214.19(e))

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

How are claims/cases processed at this appellate office?:

First-In/First-Out Basis

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 (All 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):

36 CFR 214.19(e)

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):

36 CFR 214.19(e) ("[n]o additional information shall be considered" outside the administrative record created during the proceedings before the Appeal Deciding Officer)

PROCESS & PROCEDURE

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

Discretionary reviews are solely at the discretion and initiation of FS officials; not an appeal as of right for private parties. The Appeal Deciding Officer sends a copy of his/her decision, within one day of issuance, to the Discretionary Reviewing Officer (DRO). The DRO then has 30 days to determine whether to conduct a discretionary review. Enumerated criteria set forth in part 214 for determining whether to conduct a discretionary review include: degree of controversy underlying the appeal decision; potential for litigation; and extent to which the decision establishes precedent or new policy. (See 36 CFR § 214.19(b)).

ADJUDICATORS

Information About Appeal Officer:

Adjudication Officer Title
Discretionary Reviewing Officer

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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USDAOCCU0017 - Appeal Level 1 - Procedures