Other FieldsAgency Scheme: DHSCCGDR0007 ADJUDICATION STRUCTUREHearing Level: Basic StructureName of Hearing Office (local name): Discharge Review BoardName of Hearing Office (global name): Department of Homeland Security: Discharge Review BoardSub-Agency/Bureau/Division:: Discharge Review BoardHearing Officer #1 (Title): Discharge Review Board PresidentHearing Officer #2 (Title): Discharge Review Board Members (4)Are administrative appeals permitted from final decisions at the hearing-level stage?: Yes (Some Types of Cases) Comments/Notes on Adjudication Structure: The Discharge Review Board (DRB) consists of five members of the U.S. Coast Guard, appointed by the Commandant of the Coast Guard and vested with the authority to review the discharge of a former member. The board is empowered to change a discharge or issue a new discharge to reflect its findings, subject to review by the Commandant or the Secretary. The DRB reviews the propriety and equity of administrative discharges from the Coast Guard and effects changes if necessary. The DRB may also review court-martial sentence discharges for the purpose of clemency if the applicant has exhausted appellate remedies. PROCESS & PROCEDURE - General InformationAre private parties permitted to have representation at hearings?: Yes (All Types of Cases)Who may serve as a private party representative?: EitherAbout what percentage of private parties were represented at hearings (FY2013)?: 14.00%Is the agency permitted to have representation at hearings?: N/A (e.g., Agency Not Party to Hearing)Regulations/rules of practice for hearings (please include CFR citations): 33 CFR 51.9 PROCESS & PROCEDURE - Pre-Hearing ProcedureIs discovery permitted by either party at the hearing-level stage?: NoDoes the hearing officer have subpoena authority?: NoAre ex parte contacts prohibited?: NoAre parties provided notice of hearing?: Yes (All Types of Cases) PROCESS & PROCEDURE - Hearing ProcedureWhat types of hearings are permitted at the hearing-level stage?: Written (Document-Only) HearingIn-PersonPlease provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)Written (Document-Only) Hearing: 85%In-Person: 3%Video: 0%Phone: 12% How is the type of hearing selected: By Private PartyHow many hearing officers preside at each hearing?: Four or MoreIf "Varies by Case," please describe: Five members of the board.Is witness testimony permitted at hearings?: YesCan parties cross-examine witnesses?: NoCan third-parties submit amicus briefs and/or evidence?: NoAre hearings recorded and/or transcribed?: NoAre hearings open to the public?: No (Hearings Always Closed/All Types of Cases) PROCESS & PROCEDURE - Post-Hearing ProcedureWho typically drafts the decision at the hearing-level stage?: Adjudication OfficerWho has authority to issue final decisions?: Adjudication OfficerDo agency regulations or guidance provide time limits for issuance of final decisions?: NoIs judicial review available after issuance of a final decision?: No PROCESS & PROCEDURE - Case ManagementHow are claims/cases processed at the hearing-level stage?: First-In/First-Out BasisDoes the agency permit web-based electronic filing of hearing-related briefs or other documents?: NoAre final decisions published and/or posted on the agency website?: NoDo agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: Yes (All Types of Cases)If "Yes," please provide citation(s): 33 CFR 51.11Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: No ADJUDICATORSTotal # of Hearing Officers: 5Information About Officer: Adjudication Officer TitleJob SeriesPay RangeAre 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? Discharge Review Board President0000-Misc Occupations GroupYesNoThe Discharge Review Board consists of five members of the U.S. Coast Guard, appointed by the Commandant of the Coast Guard and vested with the authority to review the discharge of a former member. No Discharge Review Board Members (4)0000-Misc Occupations GroupO-10NoNoThe Commandant is the head of the U.S. Coast Guard and has other duties commensurate with his position. Comments/Notes on Hearing-Level Adjudicators (Optional): The Commandant and Secretary of Homeland Security retain the authority to review the DRB's decision and findings. ADR: General InformationIs ADR available at one or more points during the hearing process?: No ADR – Summary StatisticsFor Fiscal Year 2013, please provide the following annual ADR statistics: CASELOAD STATISTICS - Supplementary StatisticsDoes your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: NoSupplementary Caseload Statistics by Case Type: Verified by Agency: Verified
