Displaying 101 - 200 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 |
|---|---|---|---|---|---|---|
| 101 | Department of Veterans Affairs | Office of Academic Affiliations | DOVAEMIG0002 - Hearing Level - Procedures | No | Verified | |
| 102 | United States Agency for International Development | Office of Acquisition and Assistance | USAIDSDO0005 - Hearing Level - Procedures | No | Not verified | |
| 103 | Social Security Administration | Office of Acquisition and Grants | SSAOGRAN0002 - Hearing Level - Procedures | No | Verified | |
| 104 | Department of Energy | Office of Acquisition and Supply Management (NNSA) | DOENNPSD0007 - Hearing Level - Procedures | No | Not verified | |
| 105 | Department of Energy | Office of Acquisition and Supply Management (NNSA) | DOENSUSD0009 - Hearing Level - Procedures | No | Not verified | |
| 106 | Nuclear Regulatory Commission | Office of Administration | NRCFARSD0007 - Hearing Level - Procedures | No | Not verified | |
| 107 | Nuclear Regulatory Commission | Office of Administration | NRCODATA0003 - Hearing Level - Procedures | Yes (All Types of Cases) | 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 |
| 108 | Nuclear Regulatory Commission | Office of Administration | NRCODBAR0011 - Hearing Level - Procedures | No | Not verified | |
| 109 | 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 |
| 110 | Federal Labor Relations Authority | Office of Administrative Law Judges | FLRABULP0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 111 | 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 |
| 112 | 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 |
| 113 | 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 |
| 114 | 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 |
| 115 | Federal Trade Commission | Office of Administrative Law Judges | FTCAADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery process and types similar to federal district court actions: mandatory initial disclosures; depositions (oral or written); interrogatories; requests for admission; document requests; expert disclosures and discovery; subpoenas duces tecum, ad testificandum, and for inspection. Motion practice (e.g., motions to compel, motions for protective order) permitted by parties and heard by ALJ. (16 CFR 3.31 - 3.40). | Verified |
| 116 | Securities and Exchange Commission | Office of Administrative Law Judges | SECOAOFF0001 - Hearing Level - Procedures | Not verified | ||
| 117 | Securities and Exchange Commission | Office of Administrative Law Judges | SECOEAJA0002 - Hearing Level - Procedures | No | Not verified | |
| 118 | Securities and Exchange Commission | Office of Administrative Law Judges | SECOOALJ0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Not verified | |
| 119 | Department of Health and Human Services | Office of Administrative Law Judges | HHSOCRDB0009 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Not verified |
| 120 | Department of Commerce | Office of Administrative Law Judges | USDCNOAA0009 - Hearing Level - Procedures | Yes (All Types of Cases) | Required discovery includes: "[a] factual summary of the case; a summary of all factual and legal issues in dispute; a list of all defenses that will be asserted, together with a summary of all factual and legal bases supporting each defense; a list of all potential witnesses, together with a summary of their anticipated testimony; and a list of all potential exhibits." 15 CFR 904.240(a)(1). Upon written motion, the following forms of discovery may also be permitted: depositions, interrogatories, admissions, and production of documents and the opportunity to inspect them. See 15 CFR 904.240(a)(b). | Not verified |
| 121 | Department of Veterans Affairs | Office of Administrative Law Judges | DOVAPFCR0007 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is only available as ordered by the ALJ. The types of discovery include: (1) requests for production of documents for inspection and copying; (2) requests for admissions of the authenticity of any relevant document or the truth of any relevant fact; (3) written interrogatories; and (4) depositions. See 38 CFR 42.21 | Not verified |
| 122 | Federal Communications Commission | Office of Administrative Law Judges | FCCOCOLL0001 - Hearing Level - Procedures | No | Not verified | |
| 123 | Federal Communications Commission | Office of Administrative Law Judges | FCCOEAJA0002 - Hearing Level - Procedures | Not verified | ||
| 124 | 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 |
| 125 | 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 |
| 126 | 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 |
| 127 | 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 |
| 128 | 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 |
| 129 | Environmental Protection Agency | Office of Administrative Law Judges | EPAOPANE0010 - Hearing Level - Procedures | No | The discovery for pesticide cases is primarily documentary data and information which the Office of Prevention, Pesticides, and Toxic Substances plans to submit to show that the pesticides in question are not proper. Additionally the parties must file: "(1) Any objections that the administrative record filed under paragraph (a)(l) of this section is incomplete. (2) All documents (other than those filed under paragraph (a) of this section) in the party's files containing factual information or expert opinion, whether favorable or unfavorable to the party's position, that relates to the issues involved in the hearing. For purposes of this paragraph, files means the party's principal files in which documents relating to each of the issues in the hearing are ordinarily kept. Documents that are attorney work product, or were prepared specifically for use in connection with the hearing, are not required to be submitted. (3) All other documentary data and information the party plans to rely upon in the hearing. (4) A narrative position statement on the factual issues in the Notice of Hearing and the nature of the supporting evidence the party intends to introduce. (5) A signed statement that, to the best knowledge and belief of the party, the submission complies with this section." See 40 CFR 179.83(b). | Not verified |
| 130 | Environmental Protection Agency | Office of Administrative Law Judges | EPAOWITH0011 - Hearing Level - Procedures | This procedure incorporates the prehearing information exchange found in 40 CFR 22.19(a) into its own proceedings. This requires parties to share witness lists, summaries of expected testimony, and copies of all evidence that will be introduced at the hearing. Any other discovery requested for Superfund cases shall only be allowed upon a showing of good cause and order of the Hearing Officer. See 40 CFR 305.26(f)(4): "(4) The Presiding Officer shall issue an order for discovery only upon a showing of good cause and upon a determination: (i) That such discovery will not in any way unreasonably delay the proceeding; (ii) That the information to be obtained is not otherwise obtainable; and (iii) That such information has significant probative value." | Not verified | |
| 131 | Federal Mine Safety and Health Review Commission | Office of Administrative Law Judges | FMSHCITA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | After an answer has been filed, a party may conduct discovery, including depositions, interrogatories, and requests for admissions, for production of documents, or for inspections. 29 CFR 2700.58 | Not verified |
| 132 | Federal Mine Safety and Health Review Commission | Office of Administrative Law Judges | FMSHCONT0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may obtain discovery by one or more of the following methods: Depositions upon oral exam or written questions; written interrogatories; requests for admission, for production of documents or objects or for permissions to enter upon property for inspecting, copying, photographing, and gathering information. Parties may obtain discovery of any relevant, non-privileged matter that is admissible evidence or appears likely to lead to the discovery of admissible evidence. | Not verified |
| 133 | Federal Mine Safety and Health Review Commission | Office of Administrative Law Judges | FMSHEAJA0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | 29 CFR 2704.306(b)-(c): On request of either the applicant or the Secretary, or on the ALJ's own initiative, the judge may order further proceedings, such as an informal conference, oral argument, additional written submissions or . . . pertinent discovery or an evidentiary hearing. If the proceeding was conceded by the Secretary on the merits, withdrawn by the Secretary, or otherwise settled before any of the merits were heard, the applicant and Secretary may supplement the record with affidavits and other documentary evidence | Not verified |
| 134 | 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 |
| 135 | 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 |
| 136 | Federal Energy Regulatory Commission | Office of Administrative Law Judges and Dispute Resolution | FERCALJO0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Types and scope of discovery available for matters set for hearing under Subpart E 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). Discovery motions practice available, including: motions to compel, motions to quash subpoenas, or motions for order limiting discovery. ALJs also have the authority to sanction parties for discovery abuses or failure to comply with a discovery order. FERC rules expressly provide that parties have no continuing duty to supplement discovery responses. FERC has differentiated case management, which establishes default discovery time frames; ALJs have discretion to adjust as required to meet the needs of a case. | Verified |
| 137 | Department of Housing and Urban Development | Office of Affordable Housing Preservation | HUDMULTI0007 - Hearing Level - Procedures | No | Verified | |
| 138 | Department of Transportation | Office of Airport Compliance and Management Analysis | DOTRFAAD0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is limited to requests for admissions, requests for production of documents, interrogatories, and depositions. | Not verified |
| 139 | Metropolitan Washington Airport Authority | Office of Airports Authority Debarment Judge | MWAADBAR0004 - Hearing Level - Procedures | Not verified | ||
| 140 | Department of Housing and Urban Development | Office of Appeals | HUDOAPPJ0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | *Administrative Sanction cases (Part 17): Debtors are permitted to inspect and copy HUD records related to their debt. (See 24 CFR 17.67, 17.90(e); 31 CFR 285.11(e)(2)(i). *Nonprocurement Suspension/Debarment/LDF cases: Rules of procedure for nonprocurement proceedings do not expressly provide for discovery. See 24 CFR pts. 180, 2424. Unclear whether Part 26-Subpt. A rules (which permit discovery) are invoked when nonprocurement matter referred to Administrative Judge in cases with disputed facts. | Not verified |
| 141 | Department of Health and Human Services | Office of Attorney Advisor | HHSOMAPD0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Not verified |
| 142 | Department of Agriculture | Office of Budget & Finance | USDATMBR0019 - Hearing Level - Procedures | No | Not verified | |
| 143 | National Science Foundation | Office of Budget, Finance and Award Management | NSFODEBT0002 - 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 |
| 144 | Social Security Administration | Office of Budget, Finance, Quality, and Management | SSAOFARO0003 - Hearing Level - Procedures | No | Verified | |
| 145 | Social Security Administration | Office of Budget, Finance, Quality, and Management | SSAOOFFG0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have the right to inspect and copy SSA records related to the debt at issue. See 20 CFR 422.315(a), 422.420 | Not verified |
| 146 | Social Security Administration | Office of Budget, Finance, Quality, and Management | SSAOSUSD0004 - Hearing Level - Procedures | No | Verified | |
| 147 | Department of Transportation | Office of Chief Counsel | DOTRCHRT0016 - Hearing Level - Procedures | -49 CFR 604.38(a): "Permissible forms of discovery shall be within the discretion of the PO." -49 CFR 604.39(a): "For good cause shown, the PO may order that the testimony of a witness may be taken by deposition and that the witness produce documentary evidence in connection with such testimony." | Not verified | |
| 148 | Department of Energy | Office of Civil Rights | DOENDSCR0014 - Hearing Level - Procedures | No | Not verified | |
| 149 | Department of Transportation | Office of Civil Rights | DOTRCVRT0017 - Hearing Level - Procedures | Yes (All Types of Cases) | 49 CFR 21.15(d)(2) - ". . . rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the officer conducting the hearing. ... 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." | Not verified |
| 150 | Broadcasting Board of Governors | Office of Contracts | BBGOFARG0004 - 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 |
| 151 | Department of State | Office of Defense Trade Controls Compliance | DOSARMSC0006 - Hearing Level - Procedures | Yes (All Types of Cases) | The respondent, through the ALJ, may request relevant, non-privileged documents from the Directorate of Defense Trade Controls that "may be necessary or helpful in preparing a defense." The Directorate (or the ALJ) may also propound discovery requests on the respondent so long as "relevant and material." (22 CFR 128.6(a) - (b)) | Not verified |
| 152 | Department of Agriculture | Office of Deputy Chief for Programs | USDAMINE0024 - Hearing Level - Procedures | No | Not verified | |
| 153 | Department of Veterans Affairs | Office of Deputy Under Secretary for Benefits | DOVACOEA0004 - Hearing Level - Procedures | No | Verified | |
| 154 | Department of Transportation | Office Of Dispute Resolution For Acquisition | DOTRFAAD0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | The parties may engage in discovery only at the discretion of the judge. Depositions are permitted at the discretion of the judge. The use of interrogatories and requests for admission is not permitted. | Not verified |
| 155 | Equal Employment Opportunity Commission | Office of Equal Opportunity | EEOCTECH0003 - Hearing Level - Procedures | No | Verified | |
| 156 | Department of Agriculture | Office of Executive Vice President | USDATTPP0028 - Hearing Level - Procedures | No | Not verified | |
| 157 | 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 |
| 158 | Department of State | Office of Federal Assistance Financial Management CGFS/FPRA/FAFM | DOSONOND0009 - Hearing Level - Procedures | No | Verified | |
| 159 | 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 |
| 160 | Department of Agriculture | Office of Field Operations | USDAFSAO0022 - Hearing Level - Procedures | No | Not verified | |
| 161 | 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 |
| 162 | United States International Trade Commission | Office of Finance | ITCXOFST0006 - Hearing Level - Procedures | No | Not verified | |
| 163 | United States International Trade Commission | Office of Finance | ITCXSALY0005 - Hearing Level - Procedures | Not verified | ||
| 164 | Office of the Comptroller of the Currency | Office of Financial Institution Adjudication | OCCXALJS0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | Broad document/ESI discovery; non-party discovery through subpoena; witness depositions; privilege and protective order opportunities, etc. See 12 C.F.R. §§ 19.24 - 19.27; 19.31; 19.170 - 19.171; 109.24 - 109.27; 109.31. | Not verified |
| 165 | Board of Governors of the Federal Reserve System | Office of Financial Institution Adjudication | FRSXOFIA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may request document production and conduct depositions (12 CFR 263.24, 263.53), but interrogatories are not permitted. Parties may discover documents regarding "any matter, not privileged, that has material relevance to the merits of the pending action" (12 CFR 263.24(b)). | Not verified |
| 166 | Environmental Protection Agency | Office of Financial Management | EPAOOFFS0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | In salary offset cases, there is no "traditional" trial-type discovery. However, a debtor-employee may, upon request inspect and copy all EPA records relating to the debt. (30 CFR 13.22(c)(5)). No discovery or inspection is provided for in regulations covering administrative or tax refund offset cases. | Not verified |
| 167 | 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 |
| 168 | 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 |
| 169 | National Endowment for the Arts | Office of General Counsel | NEAODBAR0001 - Hearing Level - Procedures | No | Not verified | |
| 170 | Nuclear Regulatory Commission | Office of General Counsel | NRCOALJO0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | PFCRA : Full "traditional" discovery available (e.g., document requests, requests for admission, interrogatories, and depositions), though party seeking discovery must seek ALJ's approval to propound. (10 CFR 13.21) Debt Collection Cases: 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. (10 CFR 15.33(c)(1)(ii)(A), 16.7(b)(5)) Civil Rights Cases: No discovery permitted. | Not verified |
| 171 | Environmental Protection Agency | Office of Grants and Debarment | EPAOCOMP0009 - Hearing Level - Procedures | Not verified | ||
| 172 | Environmental Protection Agency | Office of Grants and Debarment | EPAOGRAN0005 - Hearing Level - Procedures | Yes (Some Types of Cases) | EPA, in the Notice of Acknowledgment following a timely appeal, "may identify any additional information or documentation that is required for thorough consideration" of the challenged agency decision. (40 CFR 31.73(a)). The applicant/grantee challenging EPA's agency decision is not entitled to conduct discovery or request documents. | Not verified |
| 173 | Environmental Protection Agency | Office of Grants and Debarment | EPAOSUSD0004 - Hearing Level - Procedures | No | Not verified | |
| 174 | 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 |
| 175 | Department of Transportation | Office of Hearings | DOTRFAAD0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions in accordance with section 1004 of the Federal Aviation Act of 1958 or Rule 26 of the Federal Rules of Civil Procedure. Interrogatories and requests for the production of documents are also permissible means of discovery. | Not verified |
| 176 | Department of Transportation | Office of Hearings | DOTRFMCS0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | -In 'informal' hearing cases, "no discovery will be allowed." 49 CFR 386.16(b)(4)(i)(A). In 'formal' hearing cases, discovery methods include depositions, interrogatories, requests for production, physical/mental examinations, and requests for admission. See 49 CFR 386.37(a) | Not verified |
| 177 | Department of Transportation | Office of Hearings | DOTRFRRA0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 178 | Department of Transportation | Office of Hearings | DOTRMERC0006 - Hearing Level - Procedures | Yes (All Types of Cases) | 46 CFR 201.109 - request for production of documents; 46 CFR 201.110 - depositions and written interrogatories; 46 CFR 201.122 - subpoenas duces tecum. Though available across all case types, these discovery methods are only permitted upon motion to the presiding officer. See id. | Not verified |
| 179 | Department of Transportation | Office of Hearings | DOTRNHTS0007 - Hearing Level - Procedures | Yes (All Types of Cases) | 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 admissions; or (4) testimony upon oral examination. Unless the Presiding Officer otherwise orders under paragraph (d) of this section, the frequency of use of these methods is not limited. | Not verified |
| 180 | Department of Transportation | Office of Hearings | DOTROOSE0009 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions | Not verified |
| 181 | Department of Transportation | Office of Hearings | DOTRPIPE0010 - Hearing Level - Procedures | Not verified | ||
| 182 | Department of Transportation | Office of Hearings | DOTRPRFR0011 - 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 49 CFR 31.21(c). The ALJ authorizes discovery only when it satisfies/does not offend the conditions in 49 CFR 31.21(d)(3). | Not verified |
| 183 | Department of Transportation | Office of Hearings | DOTRSECR0013 - Hearing Level - Procedures | Not verified | ||
| 184 | 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 |
| 185 | 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 |
| 186 | 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 |
| 187 | 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 |
| 188 | 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 |
| 189 | Department of Energy | Office of Infrastructure Security & Energy Restoration | DOENISER0003 - Hearing Level - Procedures | No | Not verified | |
| 190 | Department of Veterans Affairs | Office of Management | DOVAOFFS0010 - Hearing Level - Procedures | No | Verified | |
| 191 | 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 |
| 192 | National Endowment for the Arts | Office of Management and Budget | NEAOOFFS0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have a right, upon request, to inspect or copy NEA records related to the debt at issue. If inspection of such records is impractical, "reasonable arrangements will be made to send . . . copies of the records." (45 CFR 1150.6(b)) | Not verified |
| 193 | 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 |
| 194 | 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 |
| 195 | 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 |
| 196 | Commodity Futures Trading Commission | Office of Proceedings | CFTCEAJA0004 - Hearing Level - Procedures | No | Not verified | |
| 197 | Department of Energy | Office of Procurement and Assistance Management | DOENNPSD0006 - Hearing Level - Procedures | No | Not verified | |
| 198 | Department of Energy | Office of Procurement and Assistance Management | DOENSUSD0008 - Hearing Level - Procedures | No | Not verified | |
| 199 | Department of Housing and Urban Development | Office of Public and Indian Housing | HUDOPHAA0006 - Hearing Level - Procedures | Not verified | ||
| 200 | Merit Systems Protection Board | Office of Regional Operations | MSPBAPPJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | "Full" federal-court type discovery available to parties based on methods available in the Federal Rules of Civil Procedure (e.g., interrogatories, requests for documents or inspection, depositions, requests for admission). Absent prior approval, however, interrogatories limited to 25, and depositions to not more than 10. (5 CFR 1201.71 - 1201.83) | Not verified |
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