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MWAAPERM0002 - Hearing Level - Procedures

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Agency Scheme:

MWAAPERM0002

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Appeal Office

Name of Hearing Office (global name):

Metropolitan Washington Airport Authority: Appeal Office

Hearing Officer #1 (Title):

Taxicab Official

Hearing Officer #2 (Title):

Airport Manager

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

Yes (All Types of Cases)

Comments/Notes on Adjudication Structure:

Although a "taxicab official" may issue a reprimand, dismiss the complaint, or recommend suspension/revocation, this reprimand is not an adjudication for the purposes of this Project. Therefore, the Airport Manager's decision is considered the "hearing level," with the President's final decision representing the "Appeals 1" level.

PROCESS & PROCEDURE - General Information

Regulations/rules of practice for hearings (please include CFR citations):

MWAR 5.10(2); 5.12 - 5.14. See http://www.mwaa.com/file/PDFregs.PDF

PROCESS & PROCEDURE - Pre-Hearing Procedure

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

No

Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):

Does the hearing officer have subpoena authority?:

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 many hearing officers preside at each hearing?:

One

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

No

Are hearings recorded and/or transcribed?:

No

N/A (Document-Only Hearings)

PROCESS & PROCEDURE - Post-Hearing Procedure

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

Adjudication Officer

Other

If "Other," please specify (drafts):

A "taxicab official" drafts the recommendation to suspend/revoke. The Airport Manager makes a finding based upon the record.

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

Please briefly describe your case management practice(s) at the hearing level stage:

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):

Regarding the period of notice, before suspending or revoking a permit, the Airport Manager must notify a permit-holder citing the reasons for the proposed actions. The Permit-holder has 10 days following the service of notice to request a hearing. If a hearing request is not made, the Airport Manager will schedule the hearing and notify the permit holder (MWAR 5.12(1)). The Airport Manager or Vice President of Public Safety can suspend a permit without prior notice if there is an imminent or substantial threat to public safety or order (MWAR 5.13).

ADJUDICATORS

Information About Officer:

Adjudication Officer Title	Are persons in this position employed full-time as adjudication officers?
Taxicab Official	No
Airport Manager	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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MWAAPERM0002 - Hearing Level - Procedures