Other Fields
Agency Scheme: 
USPSJOJO0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Judicial Officer
Name of Hearing Office (global name): 
United States Postal Service: Office of the Judicial Officer
Sub-Agency/Bureau/Division:: 
Judicial Officer Department
Hearing Officer #1 (Title): 
Judicial Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

The "Judicial Officer and Office of Administrative Law Judge (Office)" is part of the Judicial Officer Department at USPS. The Office hears cases on a range of USPS issues, including misuse of mail (mail fraud, distribution of periodicals, shipping of hazardous materials, recovery of postage), employee debt, and mail withholding (See 39 CFR 952-952, 957-966). These are all Type A proceedings, and remedies depend on the specific issues involved.

When a dispute arises under the jurisdiction of the Office, the hearing can be held by either an Administrative Law Judge or the Judicial Officer. If the case is heard by the Administrative Law Judge, then it can usually be appealed to the Judicial Officer. If the case is heard by the Judicial Officer, it cannot be appealed within the agency. Although a few case types specify whether an ALJ or the Judicial Officer is the hearing officer, most leave the decision of the rank of the hearing officer to the discretion of the Office. This form includes only cases that are heard in the initial instance by the Judicial Officer. The cases that are heard by an ALJ (with appeals to the Judicial Officer) are included on a different form (USPSJOAJ0001 Master Hearing Office Form 1 Procedures).

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?: 
Attorney
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): 
39 CFR 951 (Describing who may practice before the Postal Service). See also parts of Title 39 that are specific to particular case types: 952-54, 957, 959-960, 962-966
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.): 
Broad discovery; most case types allow for depositions and interrogatories, some case types also allow for requests for admission and requests for production of documents. Hearing officer can limit discovery to avoid inefficiency or harassment, and issue sanctions for failure to appear or produce information. See 39 CFR 952.21, 954.16(d), 957.18, 959.20, 962.12, 963.14 and 964.9
Does the hearing officer have subpoena authority?: 
Yes (Some 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 Private Party
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Different case types have different methodologies for determining hearing type: 39 CFR 952: Default is oral hearing, but presiding officer (on motion by either party or on own initiative) can permit hearing to be conducted by telephone, video, or "other appropriate means" 39 CFR 953, 962, 965, 966: Default is written hearing, but oral hearing can be held at discretion of hearing officer. 39 CFR 954, 957, 959, 963: Oral hearing 39 CFR 964: Oral hearing is default, but parties may waive oral hearing (both must agree)
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 at in-person hearings, video hearings, and phone hearings. This question is not relevant for document-only hearings.
Can parties cross-examine witnesses?: 
N/A (Document-Only Hearings)
If "Varies by Case," please describe: 
Cross-examination is permitted at in-person hearings, video hearings, and phone hearings. This question is not relevant for document-only hearings.
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?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
If "Yes," please specify these time limit(s): 
No time limit is specified. Decisions should be issued "as soon as practical," or "with all due speed" and, in the case of oral hearings, parties may request oral decisions at the close of the hearing.
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
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)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Decisions can be found here: http://about.usps.com/who-we-are/judicial/admin-decisions/welcome.htm
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
39 CFR 952.32 provides "The hearing transcript together with all pleadings, orders, exhibits, briefs and other documents filed in the proceeding shall constitute the official record of the proceeding." Similar language can be found at 954.24, 957.25, 959.29, 963.21, and 964.21
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
ADJUDICATORS
Total # of Hearing Officers: 
1
ADR: General Information
Comments/Notes on ADR Process (Optional): 
No formal ADR is discussed in the CFR, however, several CFR provisions state explicitly that settlement offers are permitted at any time. See 39 CFR 960.17, 962.26, 963.12, 964.18, and 965.13
Verified by Agency: 
Not verified