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USDCFTZB0005 - Hearing Level - Procedures

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Agency Scheme:

USDCFTZB0005

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Foreign-Trade Zones Board

Name of Hearing Office (global name):

Department of Commerce: Foreign-Trade Zones Board

Sub-Agency/Bureau/Division::

International Trade Administration

Hearing Officer #1 (Title):

Board member

Hearing Officer #2 (Title):

Designee

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

Yes (Some Types of Cases)

Comments/Notes on Adjudication Structure:

This scheme allows the Foreign Trade Zones Board to either (1) make a final decision based on a recommended decision from the Executive Secretary, or (2) make a final decision based on appeals of the decisions of the Executive Secretary or the Assistant Secretary for Import Administration pursuant to the Foreign Trade-Zones Act. The scheme involves procedures by which to determine violations and the imposition of fines for a grantee's failure to submit an annual report or to comply with the uniform treatment requirement, or to suspend activated status when (1) an assessed fine has not been paid within 90 days of the deadline for payment; (2) there is a repeated and willful failure to comply with the Act or Board's regulations; or (3) there is a repeated and willful failure to comply with a prohibition or restriction imposed by the Board or Assistant Secretary for Import Administration.

PROCESS & PROCEDURE - General Information

Are private parties permitted to have representation at hearings?:

Yes (All Types of Cases)

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):

15 CFR Part 400, Subpart G

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 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

By Private Party

How many hearing officers preside at each hearing?:

Varies by Case

If "Varies by Case," please describe:

The hearing officer can be the (1) Foreign-Trade Zones Board, (2) Executive Secretary of the Foreign-Trade Zones Board, or (3) Assistant Secretary for the Import Administration.

Is witness testimony permitted at hearings?:

Varies by Case

If "Varies by Case," please describe:

Witness testimony is permitted in oral hearings. This question is 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)

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?:

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

PROCESS & PROCEDURE - Comments

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

The Executive Secretary makes the decision (which can be appealed to the Board) in situations where the fine for a violation is not more than $10,000 (or $50,000 in some cases). Although the Board can make decisions re: suspension of activated status, the Assistant Secretary for Import Administration makes the decision (which can be appealed to the Board) in situations involving the suspension of activated status.

ADJUDICATORS

Total # of Hearing Officers:

3

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?	If "No", briefly describe other duties:	Are persons in this position subject to quality control measures or production goals?
Assistant Secretary of Commerce for Enforcement and Compliance	0300-Gen'l Admin/Clerical Group	EX	IV	No	No	The Foreign-Trade Zones Board consists of the Secretary of the Department of Commerce, who serves as its chairman, and the Secretary of the Treasury, or their designated alternates. See 15 CFR 400.2. In the event that the Board consists of the departmental secretaries, they have other duties commensurate with their positions as heads of their respective agencies.	No
Executive Secretary of the Foreign-Trade Zones Board	1100-Business/Industry Group	GS	15

Comments/Notes on Hearing-Level Adjudicators (Optional):

The hearings may also be presided over by the Deputy Assistant Secretary of the Treasury (Tax, Trade, and Tariff Policy).

ADR: General Information

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

No

ADR – Summary Statistics

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

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

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Verified

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USDCFTZB0005 - Hearing Level - Procedures