Other Fields
Agency Scheme: 
USDAAPHS0014
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Plant Protection Quarantine
Name of Hearing Office (global name): 
Department of Agriculture: Plant Protection Quarantine
Sub-Agency/Bureau/Division:: 
Animal and Plant Health Inspection Service (APHIS)
Hearing Officer #1 (Title): 
APHIS Administrator (or designee)
Hearing Officer #2 (Title): 
Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal adjudication of appeals by regulated entities from adverse APHIS/PPQ actions relating to programs addressing pant quarantine and other matters related to interstate movement or import of plants, plant pests, plant products, or other regulated articles. Procedural framework set forth in scattered sections of Title 7 of the CFR, including Parts 301, 305, 318, 319, 322, 330, 340, 353, 360 & 361. Rules typically provide for: (a) notice of adverse action by agency official for non-compliance or ineligibility; (b) 10 days for party to lodge written appeal stating all facts and reasons why action wrong; (c) opportunity for a hearing; and (d) a written decision by the APHIS Administrator, PPQ Deputy Administrator, or delegee. Oral hearings generally required when there are material factual disputes. Oral (evidentiary) hearings conducted by a Hearing Officer. Written, sub-regulatory rules of practice by APHIS set forth additional procedural rules.

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
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
7 CFR, scattered sections in Parts 301, 305, 318, 319, 322, 330, 340, 353, 360 & 361
Other published guidance for hearings (if any): 
Unpublished "Rules of Practice" augment procedures set forth in applicable regulatory provisions
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
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 is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
Oral (evidentiary) hearings conducted by Hearing Officer if there are disputed issues of material fact. Otherwise, written(document-only) hearings are held.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted in oral (evidentiary) hearings. Not applicable to "paper" hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross-examination of witnesses is permitted in oral (evidentiary) hearings. Not applicable to "paper" hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
The APHIS Administrator (or designee) issues the final written decision. In cases in which an oral (evidentiary) hearing is conducted, the hearing officer submits a report to the Administrator that contains his/her recommended findings of fact and conclusions. The Administrator then reviews the case record and issues his/her final decision.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
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?: 
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
ADJUDICATORS
Total # of Hearing Officers: 
1
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified