Joint project of ACUS and Stanford Law School

USDAPACA0004 - Hearing Level - Procedures

Open All Tabs | Close All Tabs

Other Fields

Agency Scheme:

USDAPACA0004

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

PACA Division

Name of Hearing Office (global name):

Department of Agriculture: PACA Division

Sub-Agency/Bureau/Division::

Agricultural Marketing Service

Hearing Officer #1 (Title):

Examiner (USDA OGC attorney)

Hearing Officer #2 (Title):

Examiner (PACA employee)

Are administrative appeals permitted from final decisions at the hearing-level stage?:

No

Comments/Notes on Adjudication Structure:

Adjudication of private commercial disputes re agricultural commodities. USDA only provides forum for resolution of private reparations claims; the agency is not a party to claims/cases. Procedural rules are set forth in 7 CFR Part 47.

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?:

No

Regulations/rules of practice for hearings (please include CFR citations):

7 CFR Part 47; see also 7 CFR 1.130 - 1.15

Other published guidance for hearings (if any):

PACA webinars posted on PACA 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 only available upon application of party and order by Examiner. Depositions taken before Examiner (by phone) and deponent subject to cross-examination. Subpoenas also available for witnesses and production of documents. (See 7 CFR 47.16 (depositions), 47.17 (subpoenas)).

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)

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:

Required by Rule

Depends on Nature of Case/Claim

Please describe:

Written hearings on reparation claims under $30,000 unless oral argument is requested by one of the parties. For reparation claims over $30,000,any party may request an oral hearing. By default, such hearings are held by video. However, either party can move for in-person or telephonic hearing. (See 7 CFR 47.15).

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 if an oral hearing is conducted. Not applicable for "paper" (document only) hearings.

Can parties cross-examine witnesses?:

Varies by Case

If "Varies by Case," please describe:

Cross-examination of witnesses is permitted if an oral hearing is conducted. Not applicable for "paper" (document only) 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:

USDA Secretary

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?:

No

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):

7 CFR § 47.21 (transmittal of record)

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 47.19 (Examiner-proposed findings of fact and conclusions of law) , 47.24 (re-opening); see also 7 CFR 47.21 (transmittal of record to Secretary).

PROCESS & PROCEDURE - Comments

Comments/Notes on Hearing-Level Process & Procedures (Optional):

Expedited "documentary" procedure for adjudication of claims under $30,000. Hearing by written record only with parties filing written statements, briefs, and stipulations with written verifications under oath required.

ADJUDICATORS

Information About Officer:

Adjudication Officer Title	Job Series	Pay Plan	Pay Range	Are persons in this position subject to performance evaluation?	Are persons in this position employed full-time as adjudication officers?
Examiner (USDA OGC attorney)	0905-Gen'l Attorney Series	General Schedule	GS-11 to GS-14	Yes	No
Examiner (PACA employee)				Yes	No

ADR: General Information

Is ADR available at one or more points during the hearing process?:

Yes

Is ADR a mandatory or voluntary process?:

Voluntary

What type(s) of ADR are available?:

Mediation

Other

If "Other," please specify::

Informal complaint process.

Who conducts the ADR?:

Third-Party Neutral

Agency Program Official

Regulations/rules of practice governing ADR process (please include CFR citations):

7 CFR 47.3

Other published guidance on ADR process (if any)::

Webinars posted on PACA website.

Comments/Notes on ADR Process (Optional):

Statistics posted on USDA website note that, for FY2007 - FY2011, 91% of informal complaints were settled in less than 4 months.

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

CASELOAD STATISTICS - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Not verified

Search form

You are here

Reports

User login

USDAPACA0004 - Hearing Level - Procedures