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DHSCCGID0009 - Hearing Level - Procedures

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Agency Scheme:

DHSCCGID0009

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Hearing Board

Name of Hearing Office (global name):

Department of Homeland Security: Hearing Board

Hearing Officer #1 (Title):

Hearing Board Member

Hearing Officer #2 (Title):

Commandant

Are administrative appeals permitted from final decisions at the hearing-level stage?:

Yes (All Types of Cases)

Comments/Notes on Adjudication Structure:

Individuals can apply for a Coast Guard Port Security Card; their application is evaluated on a number of factors before a Card is granted, and the Commandant may withhold approval of the application based on these factors. Likewise, a current holder of a Security Card may be deemed inimical to the security of the United States by the Commandant. In both cases, the Commandant gives notice to the applicant/holder, who may file a written answer including documents/evidence pertinent to the matter. If the Commandant is still unsatisfied, he may refer the case to a three-member Hearing Board chaired by an officer of the Coast Guard.

After the hearing, the Board submits a recommendation to the Commandant, who makes the decision whether to issue or withhold/withdraw a Security Card.

See 33 CFR Part 125

PROCESS & PROCEDURE - General Information

Are private parties permitted to have representation at hearings?:

Yes (All Types of Cases)

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 125.43

PROCESS & PROCEDURE - Pre-Hearing Procedure

Is discovery permitted by either party at the hearing-level stage?:

No

Does the hearing officer have subpoena authority?:

No

Are ex parte contacts prohibited?:

No

Are parties provided notice of hearing?:

Yes (All Types of Cases)

PROCESS & PROCEDURE - Hearing Procedure

What types of hearings are permitted at the hearing-level stage?:

Written (Document-Only) Hearing

In-Person

How is the type of hearing selected:

Required by Rule

How many hearing officers preside at each hearing?:

Three

Is witness testimony permitted at hearings?:

Yes

Can parties cross-examine witnesses?:

Yes

Can third-parties submit amicus briefs and/or evidence?:

Yes

Are hearings recorded and/or transcribed?:

Yes

Are hearings open to the public?:

Varies by Case

If "Varies by Case," please describe:

33 CFR 125.43(b) - The hearing shall be in open or closed session at the option of the applicant or holder.

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts the decision at the hearing-level stage?:

Adjudication Officer

Who has authority to issue final decisions?:

Other

Do agency regulations or guidance provide time limits for issuance of final decisions?:

No

Is judicial review available after issuance of a final decision?:

No

PROCESS & PROCEDURE - Case Management

Does the agency permit web-based electronic filing of hearing-related briefs or other documents?:

No

Are final decisions published and/or posted on the agency website?:

No

Do 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 125.43(e) - "Anystatement and affidavits filed by the applicant or holder..."; (i) - "The Hearing Board shall give due consideration to documentary evidence developed by investigation, including membership cards, petitions bearing the applicant's or holder's signature, books, treatises or articles written by the applicant or holder and testimony by the applicant or holder before duly constituted authority"; (j) - "Complete verbatim stenographic transcription... shall constitute a permanent part of the record"

Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:

No

PROCESS & PROCEDURE - Comments

Comments/Notes on Hearing-Level Process & Procedures (Optional):

After the Commandant makes a final decision, the applicant/holder may appeal to the Appeal Board. The Appeal Board conducts a hearing under the same procedures, and forwards a recommended decision to the Commandant, who makes the final decision on the appeal.

ADJUDICATORS

Total # of Hearing Officers:

3

Information About Officer:

Adjudication Officer Title	Job Series	Pay Range	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?
Hearing Board Member	0000-Misc Occupations Group		No	No	The Commandant shall designate for each Hearing Board a Chairman, who shall be, so far as practicable, an officer of the Coast Guard. The Commandant shall designate, so far as practicable, a second member from a panel of persons representing labor named by the Secretary of Labor, and a third member from a panel of persons representing management named by the Secretary of Labor. See 33 CFR 125.37	No
Commandant	0000-Misc Occupations Group	O-10	No	No	The Commandant is the head of the U.S. Coast Guard, and has other duties commensurate with his position.	No

ADR: General Information

Is ADR available at one or more points during the hearing process?:

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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DHSCCGID0009 - Hearing Level - Procedures