Other Fields
Agency Scheme: 
DOTRCVRT0017
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Civil Rights
Name of Hearing Office (global name): 
Department of Transportation: Office of Civil Rights
Hearing Officer #1 (Title): 
Hearing Examiner/Administrative Law Judge (ALJ)
Hearing Officer #2 (Title): 
Director of the Departmental Office of Civil Rights
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (Some Types of Cases)
Comments/Notes on Adjudication Structure: 

-Hearing Officer 1 is labeled "Hearing Examiner/Administrative Law Judge (ALJ)" because the governing regulations delegate primary hearing authority to a "hearing examiner" appointed per 5 U.S.C. 3105 or detailed to the agency per 5 U.S.C. 3344. See 49 CFR 21.15(b) (Title VI); see also 49 CFR 25.605 (incorporating in Title IX actions the procedures of 49 CFR Part 21). These statutes pertain to appointment or detailing of ALJs. The procedures for disability discrimination cases under 49 CFR Part 27 mirror those in Parts 21 and 25, but name ALJs directly as the hearing officers. See 49 CFR 27.127(c).
-The Director of the Departmental Office of Civil Rights is labeled Hearing Officer 2 because, in some cases, the Secretary's designee (which, per 49 CFR 1.41, is the Director) may act as hearing officer in the first instance. See 49 CFR 21.15(b) (providing for hearings before the Secretary at his discretion); see also 49 CFR 21.23 (defining "Secretary"). There is no such provision for disability discrimination cases under 49 CFR Part 27.
-The Secretary or his designee is the appellate officer across all of these cases. (See 49 CFR 21.17(a)-(b)).

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?: 
Attorney
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): 
49 CFR 21.13 - 21.17; 49 CFR 25.605; 49 CFR 27.125 - 27.129
Other published guidance for hearings (if any): 
https://www.civilrights.dot.gov/complaint-resolution
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.): 
49 CFR 21.15(d)(2) - ". . . rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the officer conducting the hearing. ... All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues."
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: 
By Private Party
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Adjudication Officer Discretion
Can parties cross-examine witnesses?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
The regulations allow parties to waive an oral hearing and submit written information and argument for the record. See 49 CFR 21.15(a); 49 CFR 27.127(b). When parties submit written information instead of having an in-person hearing, this question is not applicable. When an in-person hearing takes place, the regulations do not state whether the hearing is open to the public.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
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?: 
No
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): 
-49 CFR 21.15(d)(2) provides that "[t]echnical rules of evidence do not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the officer conducting the hearing." See also 49 CFR 25.605 (incorporating in Title IX actions the procedures of 49 CFR Part 21). A similar provision exists for disability discrimination cases. See 49 CFR 27.127(e)(2).
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
-The "Hearing Examiners" are appointed or detailed to the agency pursuant to the statutes governing appointment or detailing of ALJs. See 49 CFR 21.15(b) (citing 5 U.S.C. 3105 and 5 U.S.C. 3344); see also 49 CFR 27.127(c) (naming ALJs directly as the hearing officers).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified