Other Fields
Agency Scheme: 
RRBBDHRG0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Secretary of the Board
Name of Hearing Office (global name): 
Railroad Retirement Board: Office of the Secretary of the Board
Hearing Officer #1 (Title): 
Board Member(s)
Hearing Officer #2 (Title): 
Hearing Examiner
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Section 258.1 of the RRB's regulations provides that hearings may be conducted by the Board on specified non-benefit matters arising under the Railroad Retirement Act (RRA) or Railroad Unemployment Insurance Act (RUIA), namely: employer or employee status under the RRA (Parts 258 & 259); determining employer liability for contributions under the RUIA (Part 319); employer contribution rate protests or contribution liens (Part 345); and, other RRA/RUIA-related matters not covered under Parts 260 (RRA) and 320 (RUIA).

Matters may be heard by the Board as a 3-member panel, by individual Board members, or by referral to a hearing examiner for fact-finding hearings.

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)?: 
0.00%
Is the agency permitted to have representation at hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
20 CFR Parts 258, 259, 319; 20 CFR 345.124, 345.307
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.): 
No "traditional" discovery (egg, depositions, interrogatories), but Board members and hearing examiners may issues subpoenas duces tecum upon request.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
0 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
0%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
By Agency
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
The Board has discretion to determine whether a matter is heard by a 3-member panel of all Board members, individual Board members, or a hearing examiner designated by the Board to conduct a fact-finding hearing. The notice of hearing informs the private party how the hearing will be conducted. (See 20 CFR 258.1(b))
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
If oral hearings are conducted, witness testimony is permitted. Not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If oral hearings are conducted, cross-examination of witnesses is permitted. Not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
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: 
Oral hearings are always open for all types of cases. This question is not applicable to document-only hearings.
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
Other
If "Other," please specify: 
The Board, or individual Board members (if heard by less than all Board members), have authority to issue final decisions. If a matter is referred to a hearing examiner, the hearing examiner conducts the hearing, and prepares a report for the Board setting forth recommendations and conclusions of law and fact. However, this report is "advisory only, and the Board has the right to accept or reject the report and issue its final decision. (20 CFR 258.6)
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
0 Days
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
First-In/First-Out Basis
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: 
Board Coverage Decisions under the RRA and RUIA are posted on the RRB website.
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
ADJUDICATORS
Total # of Hearing Officers: 
3
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
0
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
The Board has utilized a hearings examiner only five times in the past 23 years, once in each of the following years: 1991, 1999, 2002, 2006, and 2010. All instances were regarding employer/employee status issues.
Verified by Agency: 
Verified