Displaying 1 - 100 of 364
# Agency Office Namesort descending Scheme Is discovery permitted by either party at the hearing-level stage? Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.) Verified by Agency
1 Department of Justice Access Review Committee DOJXCLAS0014 - Hearing Level - Procedures Yes (All Types of Cases) The applicant may request documents, records or reports, including the entire investigative file upon which a denial or revocation is based. 28 CFR 17.47(a)(2). Not verified
2 Department of Agriculture Administrative Review Branch USDAARBO0009 - Hearing Level - Procedures No Verified
3 Department of Agriculture Administrative Review Branch USDASNAP0012 - Hearing Level - Procedures No Verified
4 Metropolitan Washington Airport Authority Appeal Office MWAAPERM0002 - Hearing Level - Procedures No Not verified
5 Pension Benefit Guaranty Corporation Appeals Board PBGCERIS0001 - Hearing Level - Procedures No A participant or an employer may seek agency records via a FOIA request, and the Appeals Board permits a extension of time to allow the party to obtain available records before submitting an appeal. Verified
6 Nuclear Regulatory Commission Atomic Safety and Licensing Board NRCOSUBL0005 - Hearing Level - Procedures Yes (All Types of Cases) In Subpart L proceedings, NRC staff are obligated to make the "hearing file" publicly available on the NRC web site and/or NRC Public Document Room. The hearing file is required to contain, among other things, the license application, any amendments, NRC staff technical/safety reports and/or environmental reports on the application; and any correspondence between the applicant/licensee and NRC related to the application. NRC staff have the ongoing obligation of keeping the hearing file up to date. In all other respects, discovery is prohibited. (10 CFR 2.1203) (Note: In expedited proceedings under Subpart N, discovery is prohibited, and NRC staff does not post a hearing file. See 10 CFR pt. 2, subpt. N.) Not verified
7 Nuclear Regulatory Commission Atomic Safety and Licensing Board NRCOSUBG0001 - Hearing Level - Procedures Yes (All Types of Cases) Full "traditional" discovery -- patterned after FRCP 26 -- available. Parties (other than NRC staff) have mandatory disclosure obligations, which may be supplemented by document requests, written interrogatories, requests for inspection, depositions, and requests for admission. Motions for protective orders permitted. Seasonable supplementation of discovery responses required. (10 CFR 2.705 - 2.708) Note: For proceedings in which NRC Staff is a party, there a special provisions relating to form and scope of discovery available from NRC employees. (See 10 CFR 2.709) Not verified
8 Department of State Attestation Program Review Board DOSAVATT0004 - Hearing Level - Procedures No Verified
9 Metropolitan Washington Airport Authority Authority Employee Relations Council MWAALABR0003 - Hearing Level - Procedures Yes (Some Types of Cases) For unfair labor practice/negotiability cases (presided over by the ULPP), the Panel may request evidence before, during, or after formal proceedings. MWAR § 2.10(5)(a). The Panel may also order, or grant requests for, production of documents and witnesses. The Panel may order or take depositions. See MWAR § 2.10(5)(b). Not verified
10 Department of the Interior BIA Director DINTBIAA0001 - Hearing Level - Procedures No Regulations contain no provisions authorizing discovery. Not verified
11 Tennessee Valley Authority Board TVAONOHA0001 - Hearing Level - Procedures Not verified
12 Surface Transportation Board Board STBOMAIN0001 - Hearing Level - Procedures Yes (Some Types of Cases) Oral Argument Cases (Parts 1113 & 1114): In formal cases on the oral argument track, discovery is available as of right. The discovery in these cases is akin to that allowed in federal district court (e.g., depositions, requests for production of documents, admissions, and inspection, interrogatories). Modified Procedures Cases (Part 1112): Most of the Board's cases are adjudicated under "modified procedures." In these cases (which are the majority of the cases before the Board), the Board may order discovery upon its own authority or upon approval of a party's request (i.e., rate cases under modified procedures). Verified
13 National Credit Union Administration Board NCUABDAP0001 - Hearing Level - Procedures Yes (All Types of Cases) Discovery is permitted only through the production of documents, or the deposition of a person producing documents pursuant to a document subpoena (questions limited to identification of documents produced and whether the search for the documents was adequate). A party may obtain document discovery regarding any matter, not privileged, that has material relevance to the merits of the pending action. Not verified
14 National Credit Union Administration Board NCUABDAP0002 - Hearing Level - Procedures No Not verified
15 Board of Veterans' Appeals Board DOVABENE0001 - Hearing Level - Procedures No Verified
16 Department of Homeland Security Board for Correction of Military Records DHSCCGMR0008 - Hearing Level - Procedures No Verified
17 Department of Labor Board of Alien Labor Certification Appeals (BALCA) LABRBALC0006 - Hearing Level - Procedures Yes (Some Types of Cases) Discovery is only permitted in cases where a hearing is set under 20 CFR §§ 655.171(b) or 656.27(e). Depositions upon oral examination or written questions; written interrogatories; production of documents or other evidence for inspection and other purposes; and requests for admission. (29 CFR § 18.13) Verified
18 Board of Governors of the Federal Reserve System Board of Governors FRSXBOAR0003 - Hearing Level - Procedures Yes (All Types of Cases) "The administrative judge shall notify the parties of the right to seek discovery prior to the hearing and may issue such discovery orders as are appropriate. Unless the parties agree in writing concerning the methods and scope of discovery, the party seeking discovery shall request authorization from the administrative judge prior to commencing discovery." Discovery may include interrogatories, depositions, requests for admissions, stipulations, and requests for production of documents. 12 CFR 268.108(d) Not verified
19 Board of Governors of the Federal Reserve System Board of Governors FRSXBOAR0002 - Hearing Level - Procedures Yes (Some Types of Cases) Depositions are allowed in some case types See 12 CFR 263.73, citing to 263.53. In this case type, deposition procedures for formal hearings are applicable to informal hearings. In other case types (See 12 CFR 263.203 and 204), procedure for discovery is not specified. In 12 CFR 263.402, no discovery is permitted. Not verified
20 Broadcasting Board of Governors Board of Governors BBGONPRC0005 - Hearing Level - Procedures No Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. Not verified
21 Broadcasting Board of Governors Board of Governors BBGODEBT0002 - Hearing Level - Procedures Yes (All Types of Cases) Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. Not verified
22 Department of Justice Board of Immigration Appeals DOJXEOIR0003 - Hearing Level - Procedures No Not verified
23 Federal Mediation and Conciliation Service Budget & Finance FMCSSOFF0001 - Hearing Level - Procedures Yes (All Types of Cases) Debtor is not permitted to conduct full "traditional" discovery, but, upon request, may inspect and copy records related to the debt. (29 CFR 1450.21(a)(5)) Verified
24 Railroad Retirement Board Bureau of Hearings and Appeals RRBOBENE0001 - Hearing Level - Procedures No No "traditional" discovery available (e.g., depositions or interrogatories), but RRB may require claimant to submit to consultative examination at RRB's expense, at the initial, reconsideration, and hearings and appeals levels. Hearing officers also ask the claimant to provide copies of medical records or other evidence. Hearings officers may also request that the claimant's file be reviewed by an RRB consultative doctor. Verified
25 Department of Justice Bureau of Prisons DOJXBOPP0006 - Hearing Level - Procedures No Not verified
26 Department of Justice Bureau of Prisons DOJXBOPD0004 - Hearing Level - Procedures No Not verified
27 Department of Justice Bureau of Prisons DOJXBOPC0005 - Hearing Level - Procedures No Not verified
28 Department of the Interior Bureau of Reclamation Commissioner DINTRECL0007 - Hearing Level - Procedures No Not verified
29 Department of State Bureau of the Comptroller and Global Financial Services DOSPFCRA0008 - Hearing Level - Procedures Yes (All Types of Cases) "Full" trial-type discovery (e.g., document requests, requests for admission, written interrogatories, depositions) permitted upon approval of the ALJ or agreement of the parties. (22 CFR 35.21) Not verified
30 Department of Agriculture Center for Veterinary Biologics USDAVPAT0016 - Hearing Level - Procedures No Not verified
31 National Endowment for the Arts Civil Rights Office NEAOAGED0004 - Hearing Level - Procedures No The Assistant Secretary (or his/her delegee) may conduct "further investigation if deemed necessary" of a section 3 complaint. (24 CFR 135.76(f)(1)) Not verified
32 General Services Administration Civilian Board of Contract Appeals GSAOCBCA0004 - Hearing Level - Procedures Yes (Some Types of Cases) Interrogatories, requests for admission, requests for production, depositions, and subpoenas compelling witnesses to produce books/papers/documents at a hearing or deposition. See 48 CFR 6101.13 - .16. Verified
33 Department of Homeland Security Coast Guard Hearing Office DHSCCGHP0004 - Hearing Level - Procedures Yes (All Types of Cases) "The alleged violator may, upon request, receive a free copy of all the written evidence in the case file, except material that would disclose or lead to the disclosure of the identity of a confidential informant. Other evidence or material, such as blueprints, sound or video tapes, oil samples, and photographs may be examined in the Hearing Officer's offices. The Hearing Officer may provide for examination or testing of evidence at other locations if there are adequate safeguards to prevent loss or tampering." 33 CFR 1.07-30 Verified
34 Department of Homeland Security Coast Guard Retiring Review Board DHSCCGRR0006 - Hearing Level - Procedures Yes (All Types of Cases) Evidence may be submitted to the Board by oral testimony under oath, or in the form of depositions or affidavits. 33 CFR 50.4(g). Verified
35 Federal Election Commission Commission FECOREPA0001 - Hearing Level - Procedures No Verified
36 National Indian Gaming Commission Commission NIGCGREG0001 - Hearing Level - Procedures No Not verified
37 Foreign Claims Settlement Commission Commission FCSCADJU0001 - Hearing Level - Procedures Yes (All Types of Cases) Claimants may seek, upon Commission approval and issuance/order (as applicable), discovery through subpoenas duces tecum and depositions (oral or written). (45 CFR 501.2, 501.5) Verified
38 Foreign Claims Settlement Commission Commission FCSCCLMS0002 - Hearing Level - Procedures Yes (All Types of Cases) The Commission has authority to order that testimony be taken by deposition. Any person may be compelled to appear and depose, and to produce books, papers, documents, records, correspondence and other evidence. Not verified
39 Federal Election Commission Commission FECOADMN0002 - Hearing Level - Procedures No Verified
40 Securities and Exchange Commission Commission SECOFFDI0003 - Hearing Level - Procedures No Not verified
41 Commodity Futures Trading Commission Commission CFTCPRIV0002 - Hearing Level - Procedures No Not verified
42 United States International Trade Commission Commission ITCXMISC0007 - Hearing Level - Procedures No Verified
43 United States Parole Commission Commission USPCCOMP0003 - Hearing Level - Procedures Not verified
44 United States Parole Commission Commission USPCLABR0005 - Hearing Level - Procedures Yes (All Types of Cases) The applicant must attach an affidavit setting forth several items concerning the applicant's personal history which are relevant to the case, such as any present employment or past association with labor organizations or employee benefit plans. 28 CFR 4.4. Additionally, each application must be accompanied by 6 letters or forms of statement attesting to the character and reputation of the applicant. 28 CFR 4.5. Pursuant to section 556 of the APA, the hearing officer may take depositions or have depositions taken as necessary. Not verified
45 United States Parole Commission Commission USPCMAIN0001 - Hearing Level - Procedures Yes (All Types of Cases) The prisoner/parolee is permitted to view his/her institutional file before the hearing and may inspect any parts that the Commission will use as a basis for its decision. If any portions of the file are exempted, by law, from being shown, those portions will be summarized and the summaries will be provided to the offender, if requested. 28 CFR 2.55 Not verified
46 United States Parole Commission Commission USPCREVC0004 - Hearing Level - Procedures Yes (All Types of Cases) 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) Not verified
47 United States International Trade Commission Commission ITCXETHC0003 - Hearing Level - Procedures No Verified
48 United States Parole Commission Commission USPCTRNF0002 - Hearing Level - Procedures Yes (All Types of Cases) Transferee and his/her counsel have an opportunity to read and discuss the postsentence investigation report. Not verified
49 United States International Trade Commission Commission ITCXADCD0002 - Hearing Level - Procedures No Verified
50 Federal Communications Commission Commission FCCOEQUI0003 - Hearing Level - Procedures No Not verified
51 Government Accountability Office Contract Appeals Board GAOOCONT0002 - Hearing Level - Procedures Yes (All Types of Cases) Depositions, interrogatories, requests for admission, production of documents. Not verified
52 Copyright Royalty Tribunal Copyright Royalty Board CRTRADJU0001 - Hearing Level - Procedures Yes (All Types of Cases) Discovery varies depending on case type. For distribution proceedings, the Copyright Royalty Judge designates a 45 day period in which parties may request non-privileged documents related to written exhibits and testimony. See 37 CFR 351.6. In royalty rate proceedings, discovery includes requests for document production, depositions, and interrogatories. See 37 CFR 351.5. Not verified
53 James Madison Memorial Fellowship Foundation Counsel to the Foundation JMMFTERM0001 - Hearing Level - Procedures No Not verified
54 Farm Credit Administration Credit Review Committee FCAOLOAN0002 - Hearing Level - Procedures No Not verified
55 Department of Veterans Affairs Debarment and Suspension Committee DOVAPROC0009 - Hearing Level - Procedures No Verified
56 Corporation for National and Community Service Department of the Chief Executive Officer CNCSSUSD0008 - Hearing Level - Procedures No Not verified
57 Corporation for National and Community Service Department of the Chief Executive Officer CNCSDISC0001 - Hearing Level - Procedures No Not verified
58 Department of the Interior Departmental Cases Hearings Division DINTDEPT0004 - Hearing Level - Procedures Yes (All Types of Cases) Witnesses, application for subpoena Not verified
59 Office of National Drug Control Policy Departmental Enforcement Center ONDCSUSP0001 - Hearing Level - Procedures No Not verified
60 Department of Housing and Urban Development Departmental Enforcement Center HUDODECO0009 - Hearing Level - Procedures Yes (Some Types of Cases) No discovery takes places unless there is first a determination that fact-finding is required. Upon the debarring official's determination that fact-finding is necessary, the case will be referred to an administrative judge for fact-finding, and discovery will be available. Interrogatories, requests for production, and depositions are all permitted. Verified
61 Department of Homeland Security Discharge Review Board DHSCCGDR0007 - Hearing Level - Procedures No Verified
62 Department of Health and Human Services Division of Compensation Analysis and Support HHSONIOS0002 - Hearing Level - Procedures Yes (All Types of Cases) Depositions, interrogatories and document requests are allowed. Not verified
63 National Indian Gaming Commission Division of Finance NIGCSOFF0002 - Hearing Level - Procedures Yes (All Types of Cases) Debtors may, upon request, inspect and copy the agency's records relating to the debt at issue. Not verified
64 National Labor Relations Board Division of Judges NLRBULPC0001 - Hearing Level - Procedures No Parties may issue subpoenas, which are returnable on the first day of the hearing. Judges rule on any motions or petitions to revoke subpoenas. Prior to issuance of complaints, the General Counsel, through the regional offices, may issue investigatory subpoenas, which are not handled by administrative law judges. In all subpoena matters, if there is non-compliance, the subpoena must be enforced by a Federal Court. Verified
65 Department of the Interior Endangered Species Committee DINTESAC0008 - Hearing Level - Procedures Yes (All Types of Cases) Not verified
66 Federal Communications Commission Enforcement Bureau FCCOTCCD0011 - Hearing Level - Procedures Yes (All Types of Cases) Complainant may file up to 10 written interrogatories. Additional discovery is at the discretion of the hearing officer, but may include document production, depositions, or additional interrogatories. See 47 C.F.R. § 14.47. Not verified
67 Federal Communications Commission Enforcement Bureau FCCOMDRD0010 - Hearing Level - Procedures Yes (All Types of Cases) Scope of discovery is determined on a case-by-case basis. The Commission (or its delegated authority) may in its discretion order discovery limited to the issues specified by the Commission. Such discovery may include answers to written interrogatories, depositions, document production, or requests for admissions. Not verified
68 Federal Communications Commission Enforcement Bureau FCCOMDRD0009 - Hearing Level - Procedures Yes (Some Types of Cases) The Commission (or its delegated authority) may order evidentiary procedures upon any issues it finds to have been raised by the filings. Not verified
69 Federal Communications Commission Enforcement Bureau FCCOMDRD0008 - Hearing Level - Procedures Yes (All Types of Cases) Each party, with its initial pleading, shall serve copies of all documents in the possession, custody or control of the party that are likely to bear significantly on any claim or defense. In pre-status conference, parties may request the production of additional document, seek leave to conduct a reasonable number of depositions. However, interrogatories should not be routinely granted. Parties may also obtain expert witnesses, but they are also subject to depositions. Not verified
70 Federal Communications Commission Enforcement Bureau FCCOMDRD0007 - Hearing Level - Procedures Yes (Some Types of Cases) In cases concerning formal complaints against common carriers, a complainant or defendant may file with the Commission and serve on the opposing party, a request for up to ten written interrogatories. The Commission may modify existing discovery or allow additional discovery, including, but not limited to, document production, depositions and/or additional interrogatories. 47 C.F.R. § 1.729. Not verified
71 Department of Commerce Enforcement Section USDCWARN0010 - Hearing Level - Procedures No Not verified
72 Environmental Protection Agency Environmental Appeals Board EPACERCL0007 - Hearing Level - Procedures No Not verified
73 Department of Commerce Ethics Law and Program Division USDCCONF0014 - Hearing Level - Procedures Yes (All Types of Cases) Yes, but it is very limited and conditional on agreement of the parties. ("There shall be no discovery unless agreed to by the parties and ordered by the examiner.") 15 CFR 0.735-46(d). Not verified
74 Office of Personnel Management Facilities, Security & Contracting OPMOPRSD0005 - Hearing Level - Procedures No Not verified
75 Department of Housing and Urban Development Federal Housing Administration HUDOFHAO0008 - Hearing Level - Procedures No Verified
76 Federal Labor Relations Authority Federal Labor Relations Authority FLRAARBI0008 - Hearing Level - Procedures No Verified
77 Federal Labor Relations Authority Federal Labor Relations Authority FLRABNEG0005 - Hearing Level - Procedures No Verified
78 Federal Labor Relations Authority Federal Service Impasses Panel FLRAIMPP0007 - Hearing Level - Procedures No Verified
79 Broadcasting Board of Governors Financial Operations Division BBGODEBT0003 - Hearing Level - Procedures Yes (All Types of Cases) Formal discovery devices are not expressly provided for, but 22 CFR 512.20(a)(5) affords employees the "right to inspect and copy Government records pertaining to the debt" before the offset is made. Not verified
80 Department of State Foreign Service Grievance Board DOSFSGBA0001 - Hearing Level - Procedures Yes (All Types of Cases) While traditional court-type discovery is unavailable, and grievant may request copies of agency documents or records related to the grievance, subject to privilege or national security considerations. The documents normally shall be provided within 15 days of a request. (22 CFR 16.3(b)(2); 3 FAM 4426.1) Not verified
81 Federal Labor Relations Authority Foreign Service Impasse Disputes Panel FLRABIMP0006 - Hearing Level - Procedures Not verified
82 Department of Commerce Foreign-Trade Zones Board USDCFTZB0005 - Hearing Level - Procedures No Verified
83 Department of Agriculture Forest Supervisor USDAOCCU0017 - Hearing Level - Procedures No Not verified
84 Department of Commerce Grants Management Division USDCDEBA0016 - Hearing Level - Procedures No Not verified
85 Department of State Grievance Staff DOSOCSGO0002 - Hearing Level - Procedures No Not verified
86 Department of Homeland Security Hearing Board DHSCCGID0009 - Hearing Level - Procedures No Not verified
87 Department of Commerce HUD Office of Administrative Law Judges USDCPDIS0023 - Hearing Level - Procedures Yes (All Types of Cases) Apart from a pre-hearing statement to be issued prior to the hearing at the request of the hearing officer, a party may be entitled to reasonable and relevant discovery at the discretion of the hearing officer including: "[1] a reasonable number of written requests for admission or interrogatories; (2) Produce for inspection and copying a reasonable number of documents; and (3) Produce for inspection a reasonable number of things other than documents." See 37 CFR 11.52(a). Depositions may be taken for use at the hearing in lieu of the personal appearance of a witness upon a showing of good cause and approval of the hearing officer. See 37 CFR 11.51(a). Verified
88 Department of the Interior Indian Probate Hearings Division DINTPROB0003 - Hearing Level - Procedures Yes (All Types of Cases) May request documents, depositions, interrogatories, admission of facts. The judge may limit the time, place and scope of discovery. Not verified
89 National Archives and Records Administration Interagency Security Classification Appeals Panel NARAISCA0003 - Hearing Level - Procedures No Not verified
90 Department of the Interior Interior Board of Land Appeals DINTIBLA0002 - Hearing Level - Procedures Yes (All Types of Cases) ALJ may subpoena witnesses, depositions 43 CFR 4.423; governed by the Act of January 31, 1903 (43 U.S.C. 102-106), and 28 U.S.C. 1821. Not verified
91 Federal Communications Commission Investigations and Hearings Division FCCOINHD0004 - Hearing Level - Procedures Yes (All Types of Cases) Parties may take depositions, send interrogatories, or make requests for production of documents. Not verified
92 Department of the Treasury IRS Office of Appeals TRSYIRSA0008 - Hearing Level - Procedures No Not verified
93 Department of Transportation Joint Tolls Review Board DOTRTOLL0015 - Hearing Level - Procedures Yes (Some Types of Cases) 33 CFR 403.9 permits the Board to convene prehearing conferences to discuss, inter alia, "(d) [t]he mutual exchange among the parties of documents and exhibits proposed to be submitted at the hearing." The Board also has authority to request discovery for itself. See 33 CFR 403.6 ("The Board may require further information, particulars or documents from any party"). Not verified
94 United States Postal Service Judicial Officer Department USPSJODT0004 - Hearing Level - Procedures Yes (Some Types of Cases) Discovery provided in 39 CFR Part 963. Informal discovery for 39 CFR Parts 961 and 966 as determined by the judge. No discovery for 39 CFR Part 965. Verified
95 Board of Governors of the Federal Reserve System Labor Relations Panel FRSXLRPX0004 - Hearing Level - Procedures Yes (All Types of Cases) Production of documents, depositions (12 CFR 269b.442). Not verified
96 Office of Navajo and Hopi Indian Relocation Legal Counsel ONHIRARC0002 - Hearing Level - Procedures No Not verified
97 Department of Health and Human Services Medicare Geographic Classification Review Board HHSOMGCR0006 - Hearing Level - Procedures No Verified
98 Department of Agriculture National Appeals Division USDANADO0002 - Hearing Level - Procedures Yes (Some Types of Cases) The parties may agree among themselves to engage in discovery, but the Hearing Officer cannot compel discovery. Discovery may include depositions (testimony given outside the hearing under oath), interrogatories (written questions and answers), and document requests. When appropriate, appellant-requested agency witnesses will be made available. Otherwise, with the Director’s concurrence, the Hearing Officer may issue subpoenas for witnesses and documents. Verified
99 Department of Commerce National Appeals Office USDCNNAO0013 - Hearing Level - Procedures Yes (All Types of Cases) "Parties shall exchange all exhibits that will be offered at the hearing at least 10 days before the hearing." 15 CFR 906.9(b) However, "[p]arties may not compel discovery or the testimony of any witness." 15 CFR 906.11(a)(7) Not verified
100 Department of Commerce Office for Human Resources Management USDCGRIE0017 - Hearing Level - Procedures Yes (All Types of Cases) "An employee pursuing a grievance is entitled to communicate with the [Servicing Human Resources Office] SHRO to obtain information about the grievance process and to get clarification about any provision of this Order. An employee filing a grievance also has the right to review all regulatory material regarding the grievance process and/or the matter being grieved and to review the grievance file." DAO 202-771, 5.03 Not verified

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