Other Fields
Agency Scheme: 
USDALRMP0008
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Regional Foresters
Name of Hearing Office (global name): 
Department of Agriculture: Regional Foresters
Sub-Agency/Bureau/Division:: 
Forest Service
Hearing Officer #1 (Title): 
Reviewing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal adjudication process that provides eligible parties with a "predecisional" administrative review process for proposed Forest Service (FS) development, amendment, or revision of land and resource management plans (LRMP) for units of the National Forest System, as required by the Forest and Rangeland Renewable Resources Planning Act of 1974. (See 36 CFR Part 219). (36 CFR Part 219). To be eligible to participate in the administrative review (objection) process, a person or entity must have filed timely "substantive formal comments" to a proposed plan, plan amendment, or plan revision during the designated comment period during the planning process.

The hearing-level official is termed the "Reviewing Officer;" he/she, generally speaking (and subject to certain exceptions), is the FS official one organizational level above the FS official (referred to as the "Responsible Official") who issued the proposal subject to objection(s).

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): 
36 CFR Part 219
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: 
By Agency
Depends on Nature of Case/Claim
Please describe: 
Either the Reviewing Officer or the objector(s) may request an oral "objection resolution meeting" to discuss the issues raised in the objection and potential resolution. Interested parties may also participate in such meetings upon request. The Responsible Official (i.e., the FS official who proposed the project/action) participates in such meetings, along with the Reviewing Officer, objectors, and interested persons (if any). All meetings are open to the public (See 36 CFR 219.57(a)).
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
No
Can parties cross-examine witnesses?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
Are hearings open to the public?: 
Yes (Hearings Always Open/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Adjudication Officer
Do 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): 
Reviewing Officers are required to issue written responses to objections within 90 days of the close of the objection-filling period. (36 CFR 219.57(b))
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
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 (All Decisions)
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): 
* Form of Reviewing Officer's Response: The Reviewing Officer's response to objections must be written and set forth bases for he response, but need not respond to each objectors' respective issues on a point-by-point basis. This written response may also contain instructions for the Responsible Official, if necessary. If there is more than one objector, the Reviewing Officer may issue a consolidated written response at his/her discretion. (See 36 CFR 219.57(b)). * Timing of Project/Activity Decision: The Responsible Official may not issue a plan, plan amendment, or plan revision subject to Part 219 until the Reviewing Officer has responded in writing to all pending objections. (36 CFR 219.58(a)).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
Is ADR a mandatory or voluntary process?: 
Varies by Case
What type(s) of ADR are available?: 
Other
If "Other," please specify:: 
Applicable regulations do not specify the type(s) of ADR that may be used. Rather, during a objection resolution meeting, the Reviewing Officer "may choose to use [ADR] methods to resolve objections." (36 CFR 219.57(a))
Who conducts the ADR?: 
Other
If "Other," please specify:: 
Applicable regulations do not specify who conducts ADR. Rather, during a objection resolution meeting, the Reviewing Officer "may choose to use [ADR] methods to resolve objections." (36 CFR 219.57(a))
Regulations/rules of practice governing ADR process (please include CFR citations): 
36 CFR 219.57(a)
Verified by Agency: 
Not verified