Other FieldsAgency Scheme: ITCXALJS0001 ADJUDICATION STRUCTUREHearing Level: Basic StructureName of Hearing Office (local name): Office of the Administrative Law JudgesName of Hearing Office (global name): United States International Trade Commission: Office of the Administrative Law JudgesHearing Officer #1 (Title): Administrative Law Judge (ALJ)Are administrative appeals permitted from final decisions at the hearing-level stage?: Yes (All Types of Cases) 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)?: 100.00%Is the agency permitted to have representation at hearings?: Yes (All Types of Cases)Who may serve as an agency representative?: AttorneyRegulations/rules of practice for hearings (please include CFR citations): 19 C.F.R. Part 210 (section 337 imports cases); Other published guidance for hearings (if any): http://www.usitc.gov/secretary/fed_reg_notices/rules/ PROCESS & PROCEDURE - Pre-Hearing ProcedureIs 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.): Depositions, interrogatories, Requests for Production, ESI, Requests for Admissions, etc. 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?: 150 Days PROCESS & PROCEDURE - Hearing ProcedureWhat types of hearings are permitted at the hearing-level stage?: In-PersonPlease provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)In-Person: 100% How is the type of hearing selected: Required by RuleHow many hearing officers preside at each hearing?: OneIs witness testimony permitted at hearings?: YesCan parties cross-examine witnesses?: YesCan third-parties submit amicus briefs and/or evidence?: Adjudication Officer DiscretionAre hearings recorded and/or transcribed?: YesAre hearings open to the public?: Presumed Open (But May Be Closed Under Certain Conditions) 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?: Yes (All Types of Cases)If "Yes," please specify these time limit(s): Section 337 unfair import practice cases: 4 months before target date. 19 C.F.R. § 210.42(a)(1)(i). Temporary relief requests (general): 70 or 120-day deadline after notice of investigation published. 19 C.F.R. § 210.66(a)-(b). Sanctions cases: 30 days after the Commission's determination, if the ALJ defers his adjudication of the sanctions motion until after issuing his initial determination. 19 C.F.R. § 210.25(f). Enforcing orders cases: 3 months before target date. 19 C.F.R. § 210.75(b)(3). About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 365 DaysIs judicial review available after issuance of a final decision?: Yes (All Types of Cases) PROCESS & PROCEDURE - Case ManagementHow are claims/cases processed at the hearing-level stage?: OtherPlease briefly describe your case management practice(s) at the hearing level stage: ITC's Docket Services utilizes a case management structure in order to efficiently manage the information flow in EDIS (Electronic Documents Information System) and to facilitate the investigation and litigation process. Each ALJ has a case manager to handle the filings and info requests for all of their Section 337 investigations. See <http://www.usitc.gov/docket_services/>.Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: YesAre final decisions published and/or posted on the agency website?: Yes (All Decisions)If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: All decisions are place on the agency's Electronic Document Imaging System (EDIS). EDIS is accessible through the USITC website.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): 19 C.F.R. § 210.38Do 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): 19 C.F.R. § 210.38(d); 210.40 PROCESS & PROCEDURE - CommentsComments/Notes on Hearing-Level Process & Procedures (Optional): COMMENT-Are ex parte contacts prohibited?: Applications for the issuance of subpoenas may be made ex parte. 19 C.F.R. § 210.32(e). All other contacts are prohibited under the Administrative Procedure Act. NOTE: If no appeal is taken, ALJ decisions become final agency decisions in 60 days for general section 337 unfair imports cases, see 19 C.F.R. § 210.42(h)(2), or in 45 days for enforcement determinations, § 210.75(b)(3). NOTE: ALJs retain the inherent authority to issue ground rules in the absence of a specific rule. See Int'l Trade Comm'n, Notice, Jun. 04, 2013, <http://www.usitc.gov/secretary/fed_reg_notices/rules/June4Notice.pdf>. NOTE: "ALJ Ground Rules" for each ITC ALJ are posted on the agency's unaffiliated trial lawyers' association website. See <http://www.itctla.org/resources/alj-groundrules/term/summary>. It is unknown if these ground rules are up-to-date. ADJUDICATORSTotal # of Hearing Officers: 6Information About Officer: Adjudication Officer TitleJob SeriesPay PlanAre persons in this position subject to performance evaluation?Are persons in this position employed full-time as adjudication officers?Are persons in this position subject to quality control measures or production goals? Administrative Law Judge (ALJ)0935-Administrative Law JudgeAL-03NoYesNo ADR: General InformationIs ADR available at one or more points during the hearing process?: YesIf "Yes," when is ADR available?: Pre-HearingIs ADR a mandatory or voluntary process?: VoluntaryWhat type(s) of ADR are available?: MediationSettlement ConferenceArbitrationWho conducts the ADR?: Third-Party NeutralAgency CounselRegulations/rules of practice governing ADR process (please include CFR citations): 19 C.F.R. §§ 210.21(b), 210.21(d); 210.35(a)(2) Other published guidance on ADR process (if any):: Section 337 Mediation program: http://www.usitc.gov/intellectual_property/mediation.htmComments/Notes on ADR Process (Optional): The ITC has a comprehensive mediation program for section 337 disputes. Private parties may request participation in any section 337 case, and explicit confidentiality protections are in place. ADR – Summary StatisticsFor Fiscal Year 2013, please provide the following annual ADR statistics: Comments/Notes on ADR Statistics (Optional): To date in FY 2013, 28 parties in 13 investigations have sought mediation through the Section 337 Mediation program. See <http://www.usitc.gov/press_room/documents/featured_news/sec337factsupdate.pdf> (pg. 3). About 50 % of all investigations instituted at the USITC ultimately terminate based on settlements or consent orders. See <http://www.usitc.gov/press_room/documents/featured_news/sec337factsupdate.pdf> (pg. 3). These statistics appear to cover not only formal APA adjudication schemes, but also other agency adjudication schemes. CASELOAD STATISTICS - Summary StatisticsTotal # Cases Filed/Opened (FY2013): 39Total # Cases Decided/Closed (FY2013): 62Total # Cases Pending (End of FY2013): 41 CASELOAD STATISTICS - Supplementary StatisticsDoes your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: NoWeb address: http://pubapps2.usitc.gov/337external/Supplementary Caseload Statistics by Case Type: Verified by Agency: Verified
