Other FieldsAgency Scheme: ONHIRARC0002 ADJUDICATION STRUCTUREHearing Level: Basic StructureName of Hearing Office (local name): Legal CounselName of Hearing Office (global name): Office of Navajo and Hopi Indian Relocation: Legal CounselHearing Officer #1 (Title): Administrative Law Judge (ALJ)Hearing Officer #2 (Title): Legal CounselAre administrative appeals permitted from final decisions at the hearing-level stage?: No Comments/Notes on Adjudication Structure: Adjudication scheme that provides administrative review for initial determinations by the ONHIR New Lands Manager relating to notices of violation, and imposition of civil penalties under the Archaeological Resources Protection Act of 1979. Matters reviewed may include: (a) violations of permit conditions relating to excavation or removal of archaeological resources from the New Lands or other prohibited actions under ONHIR regulations related to archaeological resources (such as selling or purchasing resources obtained without a permit); and (b) assessment of civil penalties. *Note: ONHIR regulations, per ARPA, provide for hearings on civil penalty assessments by Administrative Law Judges (ALJ)s under 5 USC 554. (See 16 USC 470ff(c); 45 CFR 700.831(g)(3)). The ONHIR Management Manual also provides for hearings on notices of violation and penalty assessments by the ONHIR Legal Counsel. 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?: EitherIs 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): 25 CFR Part 700, Subpart ROther published guidance for hearings (if any): ONHIR Management Manual (available on the agency website) PROCESS & PROCEDURE - Pre-Hearing ProcedureIs discovery permitted by either party at the hearing-level stage?: NoDoes the hearing officer have subpoena authority?: NoAre ex parte contacts prohibited?: NoAre parties provided notice of hearing?: Yes (All Types of Cases) PROCESS & PROCEDURE - Hearing ProcedureWhat types of hearings are permitted at the hearing-level stage?: In-PersonHow 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?: NoAre hearings recorded and/or transcribed?: No 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): The ONHIR Management Manual specifies that the presiding officer should issue his/her decision within 3 days of the completion of the hearing. (ONHIR Management Manual, Section 1600). Is 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?: First-In/First-Out BasisDoes the agency permit web-based electronic filing of hearing-related briefs or other documents?: NoAre final decisions published and/or posted on the agency website?: NoDo agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: NoDo agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: No ADJUDICATORSInformation About Officer: Adjudication Officer TitleJob SeriesPay PlanPay RangeAre 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? Administrative Law Judge (ALJ)0935-Administrative Law JudgeAL1-3NoYesLegal Counsel for the agency. No Legal Counsel0905-Gen'l Attorney SeriesGS15YesNoThe Legal Counsel is the chief legal officer for the agency.No ADR: General InformationIs ADR available at one or more points during the hearing process?: No ADR – Summary StatisticsFor Fiscal Year 2013, please provide the following annual ADR statistics: CASELOAD STATISTICS - Supplementary StatisticsSupplementary Caseload Statistics by Case Type: Verified by Agency: Not verified
