Other Fields
Agency Scheme: 
DOJXEOIR0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Administrative Hearing Officer
Name of Hearing Office (global name): 
Department of Justice: Office of the Chief Administrative Hearing Officer
Sub-Agency/Bureau/Division:: 
Executive Office for Immigration Review
Hearing Officer #1 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (Some Types of Cases)
Comments/Notes on Adjudication Structure: 

ALJ decisions in cases under 8 USC 1324a (employer sanctions) and 8 USC 1324c (document fraud) may be reviewed by the Chief Administrative Hearing Officer ("CAHO") and/or by the Attorney General. After the final agency decision, parties have 45 days to file an appeal with the appropriate federal circuit court. ALJ decisions in cases under 8 USC 1324b (immigration-related employment discrimination) are not subject to administrative review, but parties have 60 days to file an appeal with the appropriate federal circuit court.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
About what percentage of private parties were represented at hearings (FY2013)?: 
66.00%
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
5 USC 554-557; 28 CFR 68.1-68.52
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things, or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admissions. The frequency or extent of these methods may be limited by the Administrative Law Judge upon his or her own initiative or pursuant to a motion for a protective order. 28 CFR 68.18.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
42 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Video
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
100%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
If a case proceeds to a formal hearing, that hearing would be in-person. However, many cases before the Office of the Chief Administrative Hearing Officer are resolved on dispositive motions or are settled by the parties in advance of a formal hearing. Those cases would be written (document-only) hearings.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Staff Attorney
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
In cases that proceed to a formal hearing, unless an extension of time is given by the Chief Administrative Hearing Officer for good cause, the Administrative Law Judge shall enter the final order within 60 days after receipt by the ALJ of the hearing transcript or of post-hearing briefs, proposed findings of fact and conclusions of law.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
215 Days
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Differentiated Case Management
Please briefly describe your case management practice(s) at the hearing level stage: 
Cases are assigned in rotation to an Administrative Law Judge (ALJ) based on the order in which they are filed. The ALJ conducts prehearing and hearing procedures according to the scheduling rules contained throughout 28 CFR Part 68. Cases may proceed at different speeds based on the relative complexity of each case, how much time is requested and allotted for discovery, whether and how often parties seek an extension of time to file motions or to conduct discovery, and whether the case is settled, resolved on a dispositive motion, or proceeds to a formal hearing.
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?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
The Office of the Chief Administrative Hearing Officer publishes all substantive decisions that have been selected for and may be used as precedent pursuant to 5 U.S.C. section 552(a)(2).
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): 
28 CFR 68.48
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
28 CFR 68.49
ADJUDICATORS
Total # of Hearing Officers: 
2
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Settlement Conference
Other
If "Other," please specify:: 
Assignment to settlement ALJ (not assigned to hear case). (See note on page 12.)
Who conducts the ADR?: 
Non-Presiding Adjudicator
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
On December 1, 2014, OCAHO's second ALJ entered on duty. With the addition of the second ALJ, OCAHO now has the capability to appoint a settlement judge to conduct alternate dispute resolution in its cases. This capability has not yet been exercised.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
84
Total # Cases Decided/Closed (FY2013): 
119
Total # Cases Pending (End of FY2013): 
63
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
If "Yes," please indicate preferred format below.: 
By phone
By providing case type statistics on this form
Web address: 
http://www.justice.gov/eoir/statspub/fy13syb.pdf
WRAP-UP
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g: 
The Office of the Chief Administrative Hearing Officer (OCAHO) is piloting an e-mail filing program. Parties in cases that are enrolled in the pilot program file and serve all case documents by e-mail and receive orders and decisions from the ALJ by e-mail as well. OCAHO is interested in (and is actively researching options for) a permanent, web-based electronic filing system for OCAHO cases in order to reduce the time, expense, and delay incurred by paper filings.
Verified by Agency: 
Verified