Displaying 1 - 100 of 364
# Agency Office Namesort ascending 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 Agriculture Veterinary Services USDAAPHS0015 - Hearing Level - Procedures No Not verified
2 Department of Agriculture Varies (by USDA program agency) USDASUSD0030 - Hearing Level - Procedures No Not verified
3 Office of the Comptroller of the Currency Unknown (Licensing) OCCXLCNS0003 - Hearing Level - Procedures No Not verified
4 Metropolitan Washington Airport Authority Unknown MWAAPERM0001 - Hearing Level - Procedures No Not verified
5 Office of the Comptroller of the Currency Unknown OCCXIFML0002 - Hearing Level - Procedures No Not verified
6 Legal Services Corporation Unknown LSCOCOST0002 - Hearing Level - Procedures No Verified
7 Federal Housing Finance Agency Unknown FHFADEBT0001 - Hearing Level - Procedures No Not verified
8 Farm Credit Administration Unknown FCAOCIVP0004 - Hearing Level - Procedures Yes (All Types of Cases) "Thirty (30) days prior to the hearing, parties shall exchange a list of the names of witnesses with a general description of their expected testimony, and a list and one copy of all documents or other physical exhibits which will be introduced in evidence in the course of the proceeding." 12 CFR 622.7(c) Not verified
9 Farm Credit Administration Unknown FCAOCLAM0001 - Hearing Level - Procedures Not verified
10 Farm Credit Administration Unknown FCAOSUSR0003 - Hearing Level - Procedures Yes (Some Types of Cases) Formal rules of evidence apply as much as the Board says they apply in a particular proceeding. Not verified
11 United States Postal Service United States Postal Service Board of Contract Appeals USPSPBCA0003 - Hearing Level - Procedures Yes (All Types of Cases) Discovery is general broad, and can include depositions, interrogatories, admission of facts, and production of documents (See 39 CFR 955.15-16). Verified
12 Department of Commerce United States Coast Guard Office of Administrative Law Judges USDCBISF0003 - Hearing Level - Procedures Yes (All Types of Cases) Discovery may include: interrogatories, requests for admissions, and requests for production of documents in accordance with the Federal Rules of Civil Procedure. Additionally, upon a showing of good cause the ALJ will allow depositions. 15 CFR 766.9(c) Verified
13 Consumer Product Safety Commission United States Coast Guard Administrative Law Judges CPSCPENA0001 - Hearing Level - Procedures Yes (All Types of Cases) 16 CFR 1025.31 (b) Discovery methods. Parties may obtain discovery by one or more of the following methods: (1) Written interrogatories; (2) Requests for production of documents or things; (3) Requests for admission; or (4) Depositions upon oral examination. Not verified
14 Department of Homeland Security U.S. Citizen & Immigration Services Administrative Appeals Office DHSCISAO0010 - Hearing Level - Procedures Not verified
15 Department of Justice September 11th Victim Compensation Fund DOJXVCFX0009 - Hearing Level - Procedures No Verified
16 Selective Service System Selective Service Local Board SSSOEXEM0001 - Hearing Level - Procedures No Verified
17 Surface Transportation Board Section of Financial Services STBODEBT0003 - Hearing Level - Procedures Yes (All Types of Cases) The debtor-employee has the right to inspect and copy government records relating to the debt at issue. If he/she is unable to physically inspect the records, the agency will reproduce copies and may charge for such service. (49 CFR 1017.4(a)(5), (c)(4).) Verified
18 Department of Agriculture Risk Management Agency USDAFCIC0020 - Hearing Level - Procedures No Not verified
19 Environmental Protection Agency Regional Offices EPAOREGI0012 - Hearing Level - Procedures Yes (All Types of Cases) "Respondent's information exchange pursuant to § 22.19(a) shall include information on any economic benefit resulting from any activity or failure to act which is alleged in the administrative complaint to be a violation of applicable law, including its gross revenues, delayed or avoided costs. Discovery under § 22.19(e) shall not be authorized, except for discovery of information concerning respondent's economic benefit from alleged violations and information concerning respondent's ability to pay a penalty." 44 CFR 22.52. Not verified
20 Environmental Protection Agency Regional Offices EPAOCORR0003 - Hearing Level - Procedures Yes (Some Types of Cases) For cases where corrective measures are necessary the respondent may file no more than 25 questions, including parts and subparts, to the EPA. See 40 CFR 24.14(d). The Hearing Officer can direct which questions the EPA has to answer at his discretion. He also may request the production of relevant papers, books, and documents. See 40 CFR 24.14(e). Not verified
21 National Labor Relations Board Regional Offices NLRBREPR0002 - Hearing Level - Procedures Yes (All Types of Cases) Parties may request and obtain subpoeanas for production of documents and witnesses at hearing. Verified
22 Department of Agriculture Regional Foresters USDALRMP0008 - Hearing Level - Procedures No Not verified
23 Department of Agriculture Regional Foresters USDAPRED0007 - Hearing Level - Procedures No Not verified
24 Department of Agriculture Regional Foresters USDAPRJT0018 - Hearing Level - Procedures No Not verified
25 Department of Agriculture RD Operations & Management USDARDOO0023 - Hearing Level - Procedures Not verified
26 Department of Justice Radiation Exposure Compensation Program DOJXRECA0007 - Hearing Level - Procedures No Not verified
27 Department of Justice Public Safety Officers' Benefits Office DOJXPSOB0013 - Hearing Level - Procedures Not verified
28 Department of Health and Human Services Provider Reimbursement Review Board HHSOPRRB0005 - Hearing Level - Procedures Yes (All Types of Cases) Depositions, interrogatories and document requests are allowed. Verified
29 Department of Agriculture Policy & Litigation Division USDAPSAR0005 - Hearing Level - Procedures Yes (All Types of Cases) Depositions (oral or upon written interrogatories) permitted upon motion and order of Presiding Officer. Subpoenas for production of documents also allowed with order. (9 CFR 202.109) Not verified
30 Department of Agriculture Plant Protection Quarantine USDAAPHS0014 - Hearing Level - Procedures No Not verified
31 Government Accountability Office Personnel Appeals Board GAOOPERS0001 - Hearing Level - Procedures Yes (All Types of Cases) Federal Rules of Civil Procedure provide guidance, but they are not mandatory. Deposition, subpoena, interrogatories, and admissions are permitted. Verified
32 Department of Commerce Patent Trial and Appeal Board USDCPATE0021 - Hearing Level - Procedures Yes (Some Types of Cases) For AIA trials see, 37 CFR 42.51, 42.224 For ex parte appeals, discovery is not permitted. Verified
33 Department of Energy Patent Compensation Board (NNSA) DOENPCBD0010 - Hearing Level - Procedures Not verified
34 Department of Agriculture PACA Division USDAPACA0004 - Hearing Level - Procedures Yes (All Types of Cases) 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)). Not verified
35 Department of Labor OWCP Final Adjudication Branch LABRATOM0008 - Hearing Level - Procedures Yes (All Types of Cases) Verified
36 Department of Labor OWCP Branch of Hearings and Review LABRDFEC0007 - Hearing Level - Procedures No Only in cases where a hearing is set under 20 CFR § 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) Not verified
37 Department of Veterans Affairs Operations and Management DOVACARE0001 - Hearing Level - Procedures No Not verified
38 Department of the Interior ONRR Director DINTONRR0006 - Hearing Level - Procedures No Not verified
39 Department of Veterans Affairs Office of Vocational Rehabilitation & Counseling Service DOVADEPD0003 - Hearing Level - Procedures No Not verified
40 Department of Labor Office of Trade Adjustment Assistance LABROTAA0009 - Hearing Level - Procedures Verified
41 Overseas Private Investment Corporation Office of the VP/General Counsel OPICPEMP0001 - Hearing Level - Procedures No Verified
42 Overseas Private Investment Corporation Office of the VP/General Counsel OPICLOBY0002 - Hearing Level - Procedures Yes (All Types of Cases) The Program Fraud Civil Remedies Act (PFCRA) specifies availability of discovery, but does not specify (or limit) available types. Verified
43 Department of Veterans Affairs Office of the Under Secretary for Memorial Affairs DOVABURI0005 - Hearing Level - Procedures No Not verified
44 Department of Commerce Office of the Under Secretary USDCDUMP0006 - Hearing Level - Procedures Yes (All Types of Cases) Parties are encouraged to engage in voluntary discovery procedures regarding any non-privileged matter relevant to the proceeding. See 19 CFR 354.10. "A party may serve on any other party interrogatories, requests for admissions, or requests for production of documents for inspection and copying." 19 CFR 354.10(b). Additionally, a party may apply for depositions, and upon a showing of good cause the presiding official can order the deposition of any party or under the control or authority of the party. See 19 CFR 354.10(c). Verified
45 Railroad Retirement Board Office of the Secretary of the Board RRBBDHRG0003 - Hearing Level - Procedures No No "traditional" discovery (egg, depositions, interrogatories), but Board members and hearing examiners may issues subpoenas duces tecum upon request. Verified
46 Department of the Interior Office of the Secretary DINTSECY0009 - Hearing Level - Procedures Not verified
47 Federal Energy Regulatory Commission Office of the Secretary FERCCOMM0002 - Hearing Level - Procedures Yes (Some Types of Cases) Proceedings Set for Hearing Under Subpart E: The Commission, as a hearing-level body, rarely conducts evidentiary hearings under Subpart E (18 CFR pt. 385, subpt. E). However, albeit rare, when the Commission does so, discovery available to parties is similar to federal district court. Discovery mechanisms include: depositions of parties, corporations/entities, non-parties, and experts; data requests; interrogatories;document requests; inspection requests; requests for admission. (18 CFR pt. 385, subpt. D). Verified
48 Department of Veterans Affairs Office of the Secretary DOVANOND0006 - Hearing Level - Procedures Yes (All Types of Cases) "All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues." 38 CFR 18.9(d)(2) Further, testimony may be taken by deposition, in the discretion of the hearing officer. See 38 CFR 18b.55 In addition, parties may request admission of the genuineness and authenticity of any relevant documents, or for the admission of truth in any of the relevant documents. See 38 CFR 18b.56 Not verified
49 Department of Transportation Office of the Secretary DOTREMPL0019 - Hearing Level - Procedures Yes (Some Types of Cases) -There is no express provision for discovery across all cases. Nevertheless, 49 CFR 98.7(c) states: "In a hearing under this part, the Federal Rules of Civil Procedure and Evidence do not apply. However, the examiner may make such orders and determinations regarding discovery . . . and similar matters the examiner deems necessary or appropriate to ensure orderliness in the proceedings and fundamental fairness to the parties." Not verified
50 Nuclear Regulatory Commission Office of the Secretary NRCOIMEX0004 - Hearing Level - Procedures No 10 CFR 10.22(d) details the individual's right to request documents, records and reports which form the basis for the question of their eligibility. The individual may also request the entire investigative file to the extent permitted by national security interests and other applicable law. Not verified
51 Nuclear Regulatory Commission Office of the Secretary NRCOSUBJ0010 - Hearing Level - Procedures Yes (All Types of Cases) Discovery by parties, potential parties, and interested governmental participants during pre-license HLW application proceedings comes in several forms. First, each party/participant must make electronically available (subject to privilege or other applicable legal protections) all documentary materials on which it intends to rely/cite in the proceedings. Each party/participant must designate an official responsible for ensuring compliance with rules concerning electronic documents. Second, parties/participants may -- as of right -- conduct additional discovery using requests for inspection (land or raw data), and oral depositions; and requests for admission. Third, parties/participants may seek permission from the discovery master to propound interrogatories or depositions upon written questions. (10 CFR 2.1018) (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
52 Nuclear Regulatory Commission Office of the Secretary NRCOSUBO0009 - Hearing Level - Procedures No In all Subpart M proceedings, NRC is required to post on the agency's web site specified documents relating to the transfer application, including: the application and related requests, NRC correspondence with the applicant/licensee related to the application, NRC Staff Evaluation Reports (SER), and any NRC staff orders acting on the application (i.e., granting or denying the license transfer application). No other discovery -- including party-conducted discovery -- is otherwise permitted. Not verified
53 Nuclear Regulatory Commission Office of the Secretary NRCOSUBM0006 - Hearing Level - Procedures Yes (All Types of Cases) In all Subpart M proceedings, NRC is required to post on the agency's web site specified documents relating to the transfer application, including: the application and related requests, NRC correspondence with the applicant/licensee related to the application, NRC Staff Evaluation Reports (SER), and any NRC staff orders acting on the application (i.e., granting or denying the license transfer application). No other discovery -- including party-conducted discovery -- is otherwise permitted. Not verified
54 United States International Trade Commission Office of the Secretary ITCXCONF0004 - Hearing Level - Procedures No Verified
55 Department of Health and Human Services Office of the Secretary HHSOSUSD0011 - Hearing Level - Procedures No Not verified
56 Department of Health and Human Services Office of the Secretary HHSOFARO0010 - Hearing Level - Procedures No Not verified
57 Department of Housing and Urban Development Office of the Secretary HUDOMANU0004 - Hearing Level - Procedures No Verified
58 Department of Commerce Office of the Secretary USDCSECR0007 - Hearing Level - Procedures No Not verified
59 Federal Labor Relations Authority Office of the Regional Director (7 Regional Offices) FLRAREPE0001 - Hearing Level - Procedures Yes (All Types of Cases) "After a petition is filed, all parties must, upon request of the Regional Director, furnish the Regional Director and serve all parties affected by issues raised in the petition with information concerning parties, issues, and agreements raised in or affected by the petition." 5 CFR 2422.15(a) It is not true discovery in the civil litigation sense but information sharing. The process is not adversarial. Verified
60 Federal Labor Relations Authority Office of the Regional Director (7 Regional Offices) FLRABREP0003 - Hearing Level - Procedures Yes (All Types of Cases) "Two (2) copies of documentary evidence shall be submitted and a copy furnished to each of the other parties." 22 CFR 1422.11(a) Verified
61 Government Printing Office Office of the Public Printer GPROSUSD0001 - Hearing Level - Procedures Not verified
62 Department of State Office of the Procurement Executive DOSOSUSD0011 - Hearing Level - Procedures No Not verified
63 Department of State Office of the Procurement Executive DOSFARSD0010 - Hearing Level - Procedures No Not verified
64 United States African Development Foundation Office of the President/CEO USADFDBR0002 - Hearing Level - Procedures No Not verified
65 Inter-American Foundation Office of the President IAFOSUSD0001 - Hearing Level - Procedures No Not verified
66 Legal Services Corporation Office of the President LSCODTOF0001 - Hearing Level - Procedures Verified
67 Department of the Interior Office of the OHA Director DINTAHOC0005 - Hearing Level - Procedures Yes (All Types of Cases) Not verified
68 United States Postal Service Office of the Judicial Officer USPSJOJO0002 - Hearing Level - Procedures Yes (All Types of Cases) 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 Not verified
69 Department of Housing and Urban Development Office of the Inspector General (OIG) HUDOIGOO0005 - Hearing Level - Procedures No Verified
70 Office of Personnel Management Office of the Inspector General OPMORETR0003 - Hearing Level - Procedures No Not verified
71 Office of Personnel Management Office of the Inspector General OPMOSUSD0006 - Hearing Level - Procedures No Not verified
72 Legal Services Corporation Office of the Inspector General LSCIGIPA0003 - Hearing Level - Procedures No Verified
73 Office of Personnel Management Office of the Inspector General OPMOIGSD0004 - Hearing Level - Procedures No Not verified
74 Legal Services Corporation Office of the Inspector General LSCOCOST0003 - Hearing Level - Procedures No Verified
75 Legal Services Corporation Office of the Inspector General LSCODBAR0001 - Hearing Level - Procedures No Verified
76 Legal Services Corporation Office of the Inspector General LSCODSRR0004 - Hearing Level - Procedures No Verified
77 Department of Energy Office of the General Counsel (NNSA) DOENLGOI0012 - Hearing Level - Procedures No Not verified
78 United States Agency for International Development Office of the General Counsel USAIDFFA0001 - Hearing Level - Procedures No Not verified
79 Inter-American Foundation Office of the General Counsel IAFOSOFF0002 - 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. (22 CFR 1007.4(b)(5)) Not verified
80 General Services Administration Office of the General Counsel GSAOPRFR0001 - Hearing Level - Procedures Yes (All Types of Cases) Interrogatories, requests for production, requests for admissions and depositions. Unless the parties agree, discovery is available only as ordered by the ALJ upon motion. See 41 CFR 105-70.021. The ALJ authorizes discovery only when it satisfies/does not offend the conditions in 105-70.021(d)(3). Not verified
81 Department of Veterans Affairs Office of the General Counsel DOVAACCR0011 - Hearing Level - Procedures Yes (Some Types of Cases) The hearing officer may permit, at his or her discretion, discovery if requested by the parties. Verified
82 Government Accountability Office Office of the General Counsel GAOOBIDS0003 - Hearing Level - Procedures Verified
83 Office of Personnel Management Office of the General Counsel OPMOPFCR0002 - Hearing Level - Procedures Yes (All Types of Cases) OPM is required, upon defendant's request, to disclose the following documents: (a) transcripts, records, or other materials related to the allegations in the complaint, and (b) copies of all exculpatory (non-privileged) information of the investigating or reviewing officials. (5 CFR 185.121(a)-(b)). Other types of discovery, unless mutually agreed by the parties, are only available by motion to, and order by, the ALJ: document requests; written interrogatories; and depositions. Motions to compel and for protective orders are permitted. (5 CFR 185.121 - 185.122) Not verified
84 National Science Foundation Office of the General Counsel NSFOFADJ0001 - Hearing Level - Procedures Yes (Some Types of Cases) *Antarctic Conservation Act/PFCRA/Anti-Lobbying Cases: Parties are required at prehearing conference disclose names of their witnesses and experts, along with copies of documents they intend to introduce at the hearing. Other forms of discovery (e.g., depositions) permitted only at the hearing officer's discretion upon showing of necessity and unavailability of information through other means. (45 CFR 604.405 (lobbying restrictions), 672.12(e) (ACA), 45 CFR 681.18 (PFCRA)) *Civil Rights/De-funding Cases: None specified in NSF regulations. (See 45 CFR Parts 605, 611, 617, 618) Not verified
85 National Endowment for the Humanities Office of the General Counsel NEHOOFFS0003 - Hearing Level - Procedures Yes (All Types of Cases) Debtors have a right, upon request, to inspect or copy NEH records related to the debt at issue. (45 CFR 1179.4(b)(5)) Not verified
86 United States Agency for International Development Office of the General Counsel USAIDLBY0004 - Hearing Level - Procedures Yes (All Types of Cases) Full "trial-type" discovery available pursuant to ALJ approval or mutual agreement of parties. Discovery methods include: document requests; requests for admission; interrogatories; and, depositions. (22 CFR 224.21) Not verified
87 Department of Energy Office of the General Counsel DOENDEBT0013 - Hearing Level - Procedures Yes (All Types of Cases) The debtor has the opportunity to inspect and copy DOE's records relating to the debt. Not verified
88 Department of Education Office of the General Counsel DOEDFARO0004 - Hearing Level - Procedures No Not verified
89 Central Intelligence Agency Office of the General Counsel CIAODBAR0001 - Hearing Level - Procedures No Verified
90 Department of Energy Office of the General Counsel DOENCIVP0004 - Hearing Level - Procedures Yes (Some Types of Cases) Each party must share with all other parties the names of both expert and lay witnesses along with a brief summary of their anticipated testimony, as well as copies and exhibits each party expects to introduce into evidence. See 10 CFR 820.28. In civil penalty cases under the Program Fraud Civil Penalties Act, the defendant may review any relevant and material documents, including those that either condemn or exculpate him or her, unless the documents are privileged. Documents should be made available for both inspection and copying. Depositions may also be required. See 10 CFR 1013.20, 1013.21, 1017.29(k)(6). Not verified
91 Railroad Retirement Board Office of the General Counsel RRBPFCRA0002 - Hearing Level - Procedures Yes (All Types of Cases) PFCRA : Full "traditional" discovery available (egg, document requests, requests for admission, interrogatories, and depositions), though party seeking discovery must seek ALJ's approval to propound. (45 CFR 2554.26) Administrative/Salary offset: Formal discovery devices are not expressly provided for, but the governing regulations guarantee debtors the right to inspect and copy government records pertaining to the debt, or to request and receive a copy of these records if they cannot personally inspect them. (45 CFR 2506.14(a)(5)) Verified
92 National Aeronautics and Space Administration Office of the General Counsel NASANAOO0001 - Hearing Level - Procedures Yes (All Types of Cases) 14 CFR 1264.120 The following types of discovery are authorized: (1) Requests for production of documents for inspection and copying; (2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. The presiding officer may grant a motion for discovery only if he/she finds that the discovery sought is necessary for the expeditious, fair, and reasonable consideration of the issues, will not be unduly burdensome, will not cause a delay, the information is not privileged. Not verified
93 National Endowment for the Humanities Office of the General Counsel NEHODBAR0002 - Hearing Level - Procedures No Not verified
94 United States Agency for International Development Office of the General Counsel USAIDEMP0003 - Hearing Level - Procedures No Not verified
95 Broadcasting Board of Governors Office of the General Counsel BBGOPRFR0001 - Hearing Level - Procedures Yes (All Types of Cases) PFCRA Cases: Interrogatories, requests for production, requests for admissions and depositions. Unless the parties agree, discovery is available only as ordered by the ALJ upon motion. 22 CFR 521.21(c). The ALJ authorizes discovery only when it does not offend the conditions in 521.21(d)(3) (e.g., privilege, undue burden). Salary Offset Cases: Formal discovery devices are not expressly provided, by 22 CFR 512.20(a)(5) affords employees the "right to inspect and copy the Government records pertaining to the debt." Not verified
96 Harry S. Truman Scholarship Foundation Office of the Executive Secretary HSTFTERM0001 - Hearing Level - Procedures No Verified
97 Office of Navajo and Hopi Indian Relocation Office of the Executive Director ONHIRBEN0001 - Hearing Level - Procedures Yes (All Types of Cases) Applicants have a right to review ONHIR evidence produced relative to the challenged initial determination. The presiding officer may also permit depositions. Otherwise, regulations do not describe the scope of discovery, other than noting that "the scope of pre-hearing discovery of evidence shall be limited to relevant matters as determined by the Presiding Officer." (25 CFR 700.313(a)(3), (b)(4)) Verified
98 National Credit Union Administration Office of the Executive Director NCUADEBT0003 - Hearing Level - Procedures No Not verified
99 Federal Retirement Thrift Investment Board Office of the Executive Director FRTIBSOF0001 - Hearing Level - Procedures Yes (All Types of Cases) Debtors may, upon request, inspect and copy agency records related to the disputed debt. (5 CFR 1639.23(d), 1639.51(b)) Not verified
100 Commodity Futures Trading Commission Office of the Executive Director CFTCCOLL0003 - Hearing Level - Procedures No Not verified

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