Other Fields
Agency Scheme: 
USPCREVC0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Commission
Name of Hearing Office (global name): 
United States Parole Commission: Commission
Hearing Officer #1 (Title): 
Hearing Officer/Examiner/Designee
Hearing Officer #2 (Title): 
Regional Commissioner
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Before parolees reach the revocation hearing level, they may be subject to a preliminary interview to determine whether there is probable cause to believe that a violation of parole has occurred. Parolees may be represented by an attorney during this interview and witnesses and other evidence may be subpoenaed and presented for consideration. The interviewing officer will prepare a summary of the interview and submit it to the Regional Commissioner, who can either: 1) order the prisoner reinstated to supervision; 2) direct that a revocation hearing be conducted in the locality of the charged violations; or 3) direct that the prisoner be transferred to a federal institution for a revocation hearing. Manual Section 2.48-03. No preliminary interview is conducted in the event that the parolee has been convicted of an offense while on parole, unless otherwise ordered by the Regional Commissioner, as such a conviction constitutes probable cause that at least one condition of parole was violated. 28 CFR 2.48(f).
Parolees may postpone the preliminary hearing to obtain representation or to locate witnesses, and a postponed preliminary interview may be conducted as a local revocation hearing provided that the parolee has been advised that such interview will constitute his/her final revocation hearing. 28 CFR 2.48(g).

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
Regulations/rules of practice for hearings (please include CFR citations): 
28 CFR 2.48-2.52; 28 CFR 2.101-2.105; 28 CFR 2.214-2.218
Other published guidance for hearings (if any): 
Rules and Procedures Manual Section 2.48-01 - 2.52-03; Section 2.214-2.217-06
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.): 
All evidence upon which the finding of violation may be based shall be disclosed to the parolee at or before the revocation hearing. The hearing officer or examiner panel may disclose documentary evidence by permitting the parolee to examine the document during the hearing, or where appropriate, by reading or summarizing the document in the presence of the parolee. 28 CFR 2.50(d)
Does the hearing officer have subpoena authority?: 
Yes (Some 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?: 
In-Person
Video
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
Local revocation hearings may be presided over by a single hearing examiner, an examiner panel, or another official designated by the Regional Commissioner. Institutional revocation hearings are generally limited to one hearing examiner.
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
At both local and institutional revocation hearings, a non-attorney representative may appear as a voluntary witness and offer a statement regarding the parolee's reparole or reinstatement to supervision. At local revocation hearings, witnesses who have given statements upon which revocation may be based, may appear at the request of the parolee or at the request of the Commission. Adverse witness are not requested to appear at institutional revocation hearings. 28 CFR 2.50(c)
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
At local revocation hearings, witnesses are subject to cross-examination in front of the parolee unless the hearing officer finds good cause for the parolee's non-attendance. Adverse witnesses will not be requested to appear at institutional revocation hearings, and thus cannot be cross-examined. 28 CFR 2.50(c)
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?: 
Program Official
If "Other," please specify: 
Final decisions are usually made by one Commissioner, but the concurrence of two Commissioner votes is required to override a panel recommendation in the event that the Commission designated a hearing examiner panel.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
DC Code Offenders that had an Institutional Revocation Hearing: 21 days of hearing DC Code Offenders that had a Local Revocation Hearing: 86 days of retaking of the releasee 28 CFR 2.105(c) and 28 CFR 2.218(g)
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
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Commissioner's designee may be a U.S. Probation Officer.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified