Other Fields
Agency Scheme: 
USDAOALJ0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Administrative Law Judges
Name of Hearing Office (global name): 
Department of Agriculture: Office of the Administrative Law Judges
Sub-Agency/Bureau/Division:: 
Departmental Management
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Formal adjudicatory proceedings for administrative/enforcement proceedings instituted by the Secretary relating to a wide range of matters, including: agricultural marketing orders; promotion and research programs for agricultural products; food safety inspections; grain standards and inspections; veterinarian accreditation; regulation of biologic agents and toxins that pose a threat to animal or plant health; organic food certification; animal welfare programs; claims/debt collection; and, enforcement of nondiscrimination by recipients of federal financial assistance.

Proceedings are initiated by the filing of a complaint by the agency. Applicable procedures are primarily found in 7 CFR Part 1, Subpart H, though supplemental rules of practice also apply to certain types of cases.

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?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
7 CFR Part 1, Subpt. H (general rules of practice). Other supplemental rules of practice apply to certain types of cases.
Other published guidance for hearings (if any): 
Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary (dated April 2005) (available on USDA website)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Depositions and subpoenas only. For depositions, parties must file motions with the ALJ naming potential deponent and basis for request which, by rule, "shall solely be for the purpose of eliciting testimony which might not otherwise be available at the time of the hearing." (See 7 CFR § 1.148(b)(4))
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
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
Video
Phone
How is the type of hearing selected: 
By Agency
Depends on Nature of Case/Claim
Please describe: 
Oral (evidentiary) hearings are conducted when requested by a party and there are disputed issues of material fact. Video hearings are the default form of hearing unless the presiding ALJ determines that an in person hearing: (i) would prevent prejudice to a party; (ii) is necessary due to the disability of a witness; or (iii) . (See 7 CFR § 1.141(b)(3) would cost less than a video hearing. (7 CFR 1.141(b)(3)) Alternatively, the ALJ also has sole discretion (with or without motion of a party) to conduct a telephonic hearing so long as such hearing: (i) would provide "a full and fair evidentiary hearing"; (ii) would not be prejudicial to any party; and (iii) would cost less than either an in person or video hearing. (7 CFR 1.141(b)(4))
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 permitted during in-person hearings. This question is not applicable in document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross examination permitted during in-person hearings. This question is not applicable in document-only hearings.
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
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?: 
No
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 (Some Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
The administrative record is the same as the hearing record, and the hearing record is transmitted on event of appeal to the Judicial Officer. (See 7 CFR § 1.145(c)).
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
7 CFR § 1.146
ADJUDICATORS
Total # of Hearing Officers: 
3
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Comments/Notes on ADR Process (Optional): 
While there is no formal alternative dispute resolution mechanisms for OALJ proceedings, informal resolution/settlement process available prior to institution of formal proceedings before OALJ except cases involving allegations of willfulness, or public health/safety. Parties have an opportunity to "demonstrate or achieve compliance" to program official. (See 7 CFR 1.133(b)(3))
Verified by Agency: 
Not verified