Displaying 1 - 100 of 364
| # | Agency | Office Name | 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 | Federal Labor Relations Authority | Federal Labor Relations Authority | FLRAARBI0008 - Hearing Level - Procedures | No | Verified | |
| 2 | Federal Election Commission | Commission | FECOREPA0001 - Hearing Level - Procedures | No | Verified | |
| 3 | Central Intelligence Agency | Office of the General Counsel | CIAODBAR0001 - Hearing Level - Procedures | No | Verified | |
| 4 | United States Peace Corps | Office of the CFO/Acquisitions and Contracts Management | PECOSUSD0003 - Hearing Level - Procedures | No | Verified | |
| 5 | United States Peace Corps | Office of the Chief Financial Officer | PECOSOFF0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have a right, upon request, to inspect or copy Peace Corps records related to the debt at issue. If personal inspection is impractical, the agency will send records to the debtor-employee. (22 CFR 309.15(b)(5), 309.16(d)(2)-309.16(d)(3)). | Verified |
| 6 | United States Peace Corps | Office of the Chief Financial Officer | PECODEBT0002 - 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 309.9(b)(8)) | Verified |
| 7 | United States Commission on Civil Rights | Office of Management | USCCRSOF0001 - 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. (45 CFR 708.5(b)(5)) | Verified |
| 8 | 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 |
| 9 | Social Security Administration | Office of Budget, Finance, Quality, and Management | SSAOSUSD0004 - Hearing Level - Procedures | No | Verified | |
| 10 | Social Security Administration | Office of Acquisition and Grants | SSAOGRAN0002 - Hearing Level - Procedures | No | Verified | |
| 11 | Social Security Administration | Office of Budget, Finance, Quality, and Management | SSAOFARO0003 - Hearing Level - Procedures | No | Verified | |
| 12 | Pension Benefit Guaranty Corporation | Office of the Chief Financial Officer | PBGCDEBT0002 - 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 4903.5(8)) | Verified |
| 13 | Overseas Private Investment Corporation | Office of the VP/General Counsel | OPICPEMP0001 - Hearing Level - Procedures | No | Verified | |
| 14 | 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 |
| 15 | 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 |
| 16 | Legal Services Corporation | Office of the President | LSCODTOF0001 - Hearing Level - Procedures | Verified | ||
| 17 | Legal Services Corporation | Office of the Inspector General | LSCODSRR0004 - Hearing Level - Procedures | No | Verified | |
| 18 | Legal Services Corporation | Office of the Inspector General | LSCODBAR0001 - Hearing Level - Procedures | No | Verified | |
| 19 | Legal Services Corporation | Office of the Inspector General | LSCOCOST0003 - Hearing Level - Procedures | No | Verified | |
| 20 | Legal Services Corporation | Unknown | LSCOCOST0002 - Hearing Level - Procedures | No | Verified | |
| 21 | Legal Services Corporation | Office of the Inspector General | LSCIGIPA0003 - Hearing Level - Procedures | No | Verified | |
| 22 | Institute for Museum and Library Services | Office of General Counsel | IMLSNOND0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | As noted in 45 CFR 1110.9(d), the hearing, decision, and any administrative review is conducted in conformity with 5 U.S.C. 554-557. | Verified |
| 23 | Institute for Museum and Library Services | Office of General Counsel | IMLSDBAR0001 - Hearing Level - Procedures | No | IMLS has adopted the OMB guidance set forth in 2 CFR part 180. While the OMB guidance does not specifically provide for formal discovery, the guidance permits the proceedings to be fair and informal and the suspending/debarment official to be flexible. (See 2 CFR 180.740 and 180.835). | Verified |
| 24 | Harry S. Truman Scholarship Foundation | Office of the Executive Secretary | HSTFTERM0001 - Hearing Level - Procedures | No | Verified | |
| 25 | Federal Mediation and Conciliation Service | Office of the Director | FMCSSUSD0002 - Hearing Level - Procedures | No | Verified | |
| 26 | 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 |
| 27 | 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 |
| 28 | Federal Election Commission | Commission | FECOADMN0002 - Hearing Level - Procedures | No | Verified | |
| 29 | Equal Employment Opportunity Commission | Office of Equal Opportunity | EEOCTECH0003 - Hearing Level - Procedures | No | Verified | |
| 30 | Equal Employment Opportunity Commission | Office of the Chief Human Capital Officer | EEOCDEBT0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Employee-debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted. | Verified |
| 31 | Department of Veterans Affairs | Debarment and Suspension Committee | DOVAPROC0009 - Hearing Level - Procedures | No | Verified | |
| 32 | Department of Veterans Affairs | Office of Management | DOVAOFFS0010 - Hearing Level - Procedures | No | Verified | |
| 33 | Department of Veterans Affairs | Office of Academic Affiliations | DOVAEMIG0002 - Hearing Level - Procedures | No | Verified | |
| 34 | Department of Veterans Affairs | Office of Deputy Under Secretary for Benefits | DOVACOEA0004 - Hearing Level - Procedures | No | Verified | |
| 35 | Department of State | Office of Federal Assistance Financial Management CGFS/FPRA/FAFM | DOSONOND0009 - Hearing Level - Procedures | No | Verified | |
| 36 | Department of Housing and Urban Development | Office of the Inspector General (OIG) | HUDOIGOO0005 - Hearing Level - Procedures | No | Verified | |
| 37 | 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 |
| 38 | 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 |
| 39 | Small Business Administration | Office of Hearing and Appeal | SBAOGNRL0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | Requests for admissions, requests for production of documents, interrogatories, and depositions. See 13 CFR 134.213(b). The scope of discovery does not differ based upon the type of case, but a party may obtain discovery only upon motion, and for good cause shown. See 13 CFR 134.213(a). Also see 13CFR 134.301 (Size Determinations and NAICS code designations and 13 CFR 134.511 (Service Disabled Veteran Small Business Concerns). | Verified |
| 40 | 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 |
| 41 | Department of Health and Human Services | Office of Hearings and Inquiries | HHSOOHAI0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery is permitted for the Medicaid State Plan Amendment cases pursuant to 42 CFR 430.86 | Verified |
| 42 | Department of Health and Human Services | Medicare Geographic Classification Review Board | HHSOMGCR0006 - Hearing Level - Procedures | No | Verified | |
| 43 | 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 |
| 44 | Department of Labor | Office of Trade Adjustment Assistance | LABROTAA0009 - Hearing Level - Procedures | Verified | ||
| 45 | Department of Labor | Office of Administrative Law Judges (OALJ) | LABROALJ0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions; interrogatories. See 20 CFR §§ 702.341 and 725.458. | Verified |
| 46 | 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 |
| 47 | Department of Labor | OWCP Final Adjudication Branch | LABRATOM0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 48 | 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 |
| 49 | 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 |
| 50 | 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 |
| 51 | United States International Trade Commission | Commission | ITCXMISC0007 - Hearing Level - Procedures | No | Verified | |
| 52 | United States International Trade Commission | Commission | ITCXETHC0003 - Hearing Level - Procedures | No | Verified | |
| 53 | United States International Trade Commission | Office of the Secretary | ITCXCONF0004 - Hearing Level - Procedures | No | Verified | |
| 54 | United States International Trade Commission | Office of the Administrative Law Judges | ITCXALJS0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, Requests for Production, ESI, Requests for Admissions, etc. | Verified |
| 55 | United States International Trade Commission | Commission | ITCXADCD0002 - Hearing Level - Procedures | No | Verified | |
| 56 | Government Accountability Office | Office of the General Counsel | GAOOBIDS0003 - Hearing Level - Procedures | Verified | ||
| 57 | Environmental Protection Agency | Office of Administrative Law Judges | EPAOOALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The Rules of Procedure generally provide for parties to engage in a "prehearing information exchange," which includes, but is not limited to, providing the opposing party or parties (and the Tribunal) with a list of anticipated lay and expert witnesses to be called at hearing along with summaries of their expected testimony; copies of all documents and exhibits expected to be introduced at the hearing; and the agency's calculations for proposed penalties (in cases seeking civil penalties) or Respondent's bases for challenging the penalty, including an inability to pay. Parties have an affirmative obligation to supplement their exchanges if it is discovered that the information is incomplete, inaccurate, or out of date. Additional discovery is permitted only upon motion and leave from the presiding ALJ. Such additional discovery generally involves depositions and requests for admission, but can also involve interrogatories, document production, site visits, sample testing, etc. (See 40 C.F.R. § 22.19). In addition, parties are strongly encouraged to stipulate to uncontested facts and witness testimony prior to hearing so that the limited time allocated to hearing can efficiently focus on factual matters actually in dispute. Parties are also permitted to file pre-hearing motions to narrow the issues for hearing and pre-hearing briefs to set forth their positions regarding factual and legal matters in dispute. | Verified |
| 58 | Department of Labor | Office of Administrative Law Judges (OALJ) | LABROALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | 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 |
| 59 | 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 |
| 60 | Department of Homeland Security | Board for Correction of Military Records | DHSCCGMR0008 - Hearing Level - Procedures | No | Verified | |
| 61 | 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 |
| 62 | Department of Homeland Security | Office of the Chief Administrative Law Judge | DHSCCGFM0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Witness lists with expected testimony, exhibits. Further forms of discovery are available only by ALJ's order, including interrogatories, depositions, and document production. 33 CFR 20 Subpart F. | Verified |
| 63 | Department of Homeland Security | Discharge Review Board | DHSCCGDR0007 - Hearing Level - Procedures | No | Verified | |
| 64 | Department of Agriculture | Administrative Review Branch | USDAARBO0009 - Hearing Level - Procedures | No | Verified | |
| 65 | Department of Agriculture | Administrative Review Branch | USDASNAP0012 - Hearing Level - Procedures | No | Verified | |
| 66 | Department of Health and Human Services | Office of Medicare Hearings and Appeals | HHSOOBEN0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery is permitted if CMS or a CMS contractor elects party status in the appeal -- see 42 CFR 405.1037. Under Part 405 adjudications, CMS and CMS contractors may not elect party status if the appellant is an unrepresented beneficiary. Under Part 422 adjudications, the application of the 405 discovery rule is unclear -- the managed care plan (a type of CMS contractor) has party status pursuant to the statute. In Part 423 adjudications, CMS and CMS contractors are not permitted to take party status -- their role is limited to "participant" status, thus no discovery is permitted. Discovery can include limited depositions, interrogatories and document requests are allowed. | Verified |
| 67 | Department of Health and Human Services | Office of Hearings and Inquiries | HHSOFDVA0007 - Hearing Level - Procedures | Yes (All Types of Cases) | Part 12 does not directly address discovery; however, 12.92(b)(2) indicates that, in developing evidence on issues in controversy, the presiding officer may consider the exchange of written interrogatories directed to particular witnesses. 21 CFR 16.24(g) provides that FDA and the party requesting the hearing will, if feasible, at least 1 day before the hearing provide to each other written notice of any published articles or written information to be presented at or relied on at the hearing. A copy will also be provided in advance if the other participant could not reasonably be expected to have or be able to obtain a copy. If written notice or a copy is not provided, the presiding officer may, if time permits, allow the party who did not receive the notice or copy additional time after the close of the hearing to make a submission concerning the article or information. 21 CFR 17.23 provides that no later than 60 days prior to the hearing, unless otherwise ordered by the presiding officer, a party may make a request to another party for production, inspection, and copying of documents that are relevant to the issues before the presiding officer. Documents must be provided no later than 30 days after the request has been made. The term "documents" is defined to include information, reports, answers, records, accounts, papers and other data and documentary evidence. The regulation also provides a party the opportunity to file a motion for a protective order. The presiding officer may order depositions only when the showings in 21 CFR 17.23(e) are met. | Verified |
| 68 | Department of Education | Office of Higher Education Appeals | DOEDOHEA0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and document requests are allowed. | Verified |
| 69 | Department of Education | Office of Administrative Law Judges | DOEDOGBR0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and document requests are allowed. | Verified |
| 70 | Department of Education | Office of Administrative Law Judges | DOEDCRRA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and document requests are allowed. | Verified |
| 71 | Department of Health and Human Services | Office of Administrative Law Judges | HHSOADGA0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Verified |
| 72 | 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 |
| 73 | Commodity Futures Trading Commission | Office of Proceedings | CFTCFORM0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The scope of discovery is broad and involves all non-confidential documentation relevant to the case. Parties are required to make prehearing disclosures, including: case outline; legal theories; identity and location of lay and expert witnesses, and summaries of expected testimony; investigatory materials (from Division of Enforcement); list of documents to be introduced at hearing; and index of withheld documents. Parties may also seek permission to take depositions (oral or through written interrogatories) under certain circumstances. (See 17 CFR 10.41 - .44). | Verified |
| 74 | 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 Directors concurrence, the Hearing Officer may issue subpoenas for witnesses and documents. | Verified |
| 75 | Department of Housing and Urban Development | Office of Fair Housing and Equal Opportunity | HUDOSECT0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | 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)) | Verified |
| 76 | Department of Housing and Urban Development | Office of Affordable Housing Preservation | HUDMULTI0007 - Hearing Level - Procedures | No | Verified | |
| 77 | Board of Veterans' Appeals | Board | DOVABENE0001 - Hearing Level - Procedures | No | Verified | |
| 78 | Commodity Futures Trading Commission | Office of Proceedings | CFTCREPA0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Written discovery available in all proceedings: document production requests; depositions on written interrogatories; and requests for admission. See 17 CFR 12.30 - 12.34. | Verified |
| 79 | Consumer Financial Protection Bureau | Office of Administrative Adjudication | CFPBADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The Office of Enforcement, according to an order by the hearing officer, must make documents obtained by the office prior to the beginning of the administrative proceeding available to the respondent for inspection and copying. As well, each party must provide the other with a report prepared by each of its expert witnesses. See 12 CFR 1081.206, 1081.210. In addition, parties are able to request the issuance of document subpoenas. | Verified |
| 80 | 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 |
| 81 | Department of Housing and Urban Development | Office of the Secretary | HUDOMANU0004 - Hearing Level - Procedures | No | Verified | |
| 82 | Department of Housing and Urban Development | Office of Hearings and Appeals | HUDOHALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | All Pt. 26 Cases: discovery is available upon agreement of parties or as ordered by the ALJ. Forms of discovery available: requests for productions of documents, written interrogatories, and oral depositions, and requests for admission. Discovery-related motions practice (e.g., motions to compel and for protective order) are also permitted. See 24 CFR 26.42 - 26.44; 26.18; 24 CFR pt. 180, subpt. E. Rules governing civil rights matters also impose a supplementation duty on parties. 24 CFR 180.505. ALJ may order discovery necessary for expeditious, fair and reasonable consideration of issues. // PFCRA cases: The defendant has right to review, upon request to General Counsel, any exculpatory or nonprivileged documents related to the complaint. Apart from that only limited discovery is permitted at the discretion of the ALJ who determines it necessary for the fair consideration of the issues without being unduly costly or unreasonably delaying the proceedings. See 24 CFR 26.42(b). | Verified |
| 83 | Department of Housing and Urban Development | Federal Housing Administration | HUDOFHAO0008 - Hearing Level - Procedures | No | Verified | |
| 84 | Department of Justice | September 11th Victim Compensation Fund | DOJXVCFX0009 - Hearing Level - Procedures | No | Verified | |
| 85 | Department of Energy | Office of Hearings and Appeals | DOENOOHA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery includes depositions and documents produced in response to a subpoena. See 10 CFR 1003.8; 10 CFR 708.28. | Verified |
| 86 | Department of State | Attestation Program Review Board | DOSAVATT0004 - Hearing Level - Procedures | No | Verified | |
| 87 | Department of the Treasury | Office of Administrative Law Judges | TRSYALJS0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Oral and written depositions allowed for all cases (31 C.F.R. 501.730 - 501.731, 10.71), and requests for admission are also allowed for IRS disciplinary cases (31 C.F.R. 10.71). TTB: Depositions generally allowed for all cases. 27 C.F.R. 71.125. Production of documents can be required by subpoena. 27 C.F.R. 71.125 - 71.126. The Federal Rules of Civil Procedure are deemed a guide for any other manner of discovery not specifically provided for by TTB's regulations. 27 C.F.R. 71.2. | Verified |
| 88 | Occupational Safety & Health Review Commission | Office of the Chief Administrative Law Judge | OSHRADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is conducted in conventional proceedings, but discouraged (though permitted) in simplified proceedings. The information sought through discovery may include any matter that is relevant and not privileged, regardless of whether it is ultimately admissible at the hearing. The judge may limit discovery that is unreasonably cumulative or duplicative or unduly burdensome or expensive. The types of discovery available include: production of documents or things or permission to enter land or property; requests for admission; interrogatories; and depositions. See 29 CFR 2200.52 through 2200.56. | Verified |
| 89 | Federal Labor Relations Authority | Office of Administrative Law Judges | FLRAUNLP0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties must exchange "[p]roposed witness lists, including a brief synopsis of the expected testimony of each witness; [c]opies of documents, with an index, proposed to be offered into evidence; and [a] brief statement of the theory of the case, including relief sought, and any and all defenses to the allegations in the complaint." 5 CFR 2423.23 | Verified |
| 90 | Equal Employment Opportunity Commission | Office of Federal Operations | EEOCGOVT0001 - Hearing Level - Procedures | Yes (All Types of Cases) | "Full" federal court-type discovery available as of right to parties. Discovery may include: interrogatories (up to 20); depositions; document requests; and requests for admission. Discovery proceedings are governed by the Federal Rules of Civil Procedure. (29 CFR 1603.210) | Verified |
| 91 | Equal Employment Opportunity Commission | Office of Field Programs | EEOCFEDS0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties have a right to conduct discovery as needed for "reasonable development of evidence." If the parties cannot agree in writing to the methods and scope of discovery, the propounding party may seek authorization from the AJ. Potential discovery methods include: interrogatories, depositions, document requests, and requests for admission. (29 CFR 1614.109(d)) | Verified |
| 92 | United States Postal Service | Office of the Administrative Law Judge | USPSJOAJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | ALJ determines based on requests of the parties. | Verified |
| 93 | Federal Maritime Commission | Office of Administrative Law Judges | FMCOSHIP0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Oral and written depositions, written interrogatories, production of documents, and requests for admission are all permitted under discovery. | Verified |
| 94 | Federal Mine Safety and Health Review Commission | Office of Administrative Law Judges | FMSHFADJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | *For All Matters Except Simplified Proceedings: Parties may obtain discovery of any relevant, non-privileged matter that is admissible evidence or appears to lead to discovery of admissible evidence (29 CFR 2700.56(b)).Methods of discovery include: depositions, interrogatories, requests for admissions, production of documents, and requests for permission to enter property for inspecting, copying, photographing, and gathering information. (29 CFR 2700.56(a)) * Simplified Proceedings (29 CFR 2700 Subpart J): Mandatory disclosure and exchange of information by parties within 45 days of designation of simplified proceeding. Disclosures cover any information in parties' possession, custody or control that may be used to support claim or defense. Disclosing party must provide privilege log for non-disclosed documents withheld on basis of privilege. Aside from mandatory disclosures, no additional discovery permitted in simplified proceedings except as ordered by presiding ALJ. | Verified |
| 95 | 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 |
| 96 | National Transportation Safety Board | Office of Administrative Law Judges | NTSBAPPE0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and other forms of discovery are allowed. Per 49 CFR 821.5 Procedural Rules, for situations not covered by the Boards Rules of Practice the Federal Rules of Civil Procedure are applicable to the extent practicable. | Verified |
| 97 | 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 |
| 98 | Department of Justice | Office of the Chief Immigration Judge | DOJXEOIR0001 - Hearing Level - Procedures | Yes (All Types of Cases) | If an Immigration Judge is satisfied that a witness is not reasonably available at the place of hearing and that said witness' testimony or other evidence is essential, the Immigration Judge may order the taking of deposition either at his or her own instance or upon application of a party. Such order shall designate the official by whom the deposition shall be taken, may prescribe and limit the content, scope, or manner of taking the deposition, and may direct the production of documentary evidence. 8 CFR 1003.35(a) If the witness is at a distance of more than 100 miles from the place of the proceeding, the subpoena shall provide for the witness' appearance at the Immigration Court nearest to the witness to respond to oral or written interrogatories, unless there is no objection by any party to the witness' appearance at the proceeding. 8 CFR 1003.35(b)(4) | Verified |
| 99 | 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 |
| 100 | Department of Justice | Office of the Chief Administrative Hearing Officer | DOJXEOIR0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things, or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admissions. The frequency or extent of these methods may be limited by the Administrative Law Judge upon his or her own initiative or pursuant to a motion for a protective order. 28 CFR 68.18. | Verified |
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