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USDCINSP0012 - Appeal Level 1 - Procedures

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Agency Scheme:

USDCINSP0012

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the Secretary

Appeal Office (global name):

Department of Commerce: Office of the Secretary

Sub-Agency/Bureau/Division::

Office of the Secretary

Appeal Officer #1 (Title):

Secretary

Appeal Officer #2 (Title):

Designee

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

No

Comments/Notes on Adjudication Structure:

This adjudication scheme deals with debarment hearings under the authority of the National Marine Fisheries Service (NMFS), a component of the National Oceanic and Atmospheric Administration. NMFS provides necessary inspection services for fish, shellfish, and fishery products to the industry pursuant to the 1946 Agricultural Act. On a finding of certain violations, a facility normally inspected by NMFS can be temporarily suspended and subsequently debarred from using the services of NMFS inspection, essentially preventing the facility from operating legally. NOTE: The decisions of a Hearing Examiner can be appealed to the Secretary of Commerce, who may designate any officer or employee of the NMFS to fulfill his duties.

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?:

Attorney

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

50 CFR 260.93(l)

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%
In-Person:
0%
Video:
0%
Phone:
0%

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 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

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?
Secretary	EX	Yes	No	The Secretary has other duties commensurate with his or her position.	No
Designee

Comments/Notes on Appellate Adjudicators (Optional):

The Secretary is the one identified in the regulations as the Appellate Adjudicator, and there is nothing that indicates a delegation of this task to a specific official. However, the Secretary is defined as "the Secretary of the Department or any other officer or employee of the Department authorized to exercise the powers and to perform the duties of the Secretary in respect to the matters covered by the regulations in this part." 50 CFR 260.6 (Definitions). Presumably some other employee or officer is delegated this duty.

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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USDCINSP0012 - Appeal Level 1 - Procedures