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 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 |
| 102 | Department of Homeland Security | Board for Correction of Military Records | DHSCCGMR0008 - Hearing Level - Procedures | No | Verified | |
| 103 | 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 |
| 104 | Department of Housing and Urban Development | Federal Housing Administration | HUDOFHAO0008 - Hearing Level - Procedures | No | Verified | |
| 105 | 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 |
| 106 | Department of Housing and Urban Development | Office of the Secretary | HUDOMANU0004 - Hearing Level - Procedures | No | Verified | |
| 107 | Department of Housing and Urban Development | Office of Affordable Housing Preservation | HUDMULTI0007 - Hearing Level - Procedures | No | Verified | |
| 108 | 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 |
| 109 | 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 |
| 110 | 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 |
| 111 | Department of Housing and Urban Development | Office of the Inspector General (OIG) | HUDOIGOO0005 - Hearing Level - Procedures | No | Verified | |
| 112 | Department of Housing and Urban Development | Office of Public and Indian Housing | HUDOPHAA0006 - Hearing Level - Procedures | Not verified | ||
| 113 | 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 |
| 114 | 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 |
| 115 | Department of Justice | Access Review Committee | DOJXCLAS0014 - Hearing Level - Procedures | Yes (All Types of Cases) | The applicant may request documents, records or reports, including the entire investigative file upon which a denial or revocation is based. 28 CFR 17.47(a)(2). | Not verified |
| 116 | Department of Justice | Office of the Administrative Law Judges | DOJXDRUG0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery may be obtained by one or more of the methods provided under the Federal Rules of Civil Procedure, including: written interrogatories, depositions, requests for production of documents or things for inspection or copying, and requests for admission addressed to parties. 28 CFR 76.21. | Not verified |
| 117 | Department of Justice | Board of Immigration Appeals | DOJXEOIR0003 - Hearing Level - Procedures | No | Not verified | |
| 118 | Department of Justice | Public Safety Officers' Benefits Office | DOJXPSOB0013 - Hearing Level - Procedures | Not verified | ||
| 119 | Department of Justice | September 11th Victim Compensation Fund | DOJXVCFX0009 - Hearing Level - Procedures | No | Verified | |
| 120 | Department of Justice | Bureau of Prisons | DOJXBOPC0005 - Hearing Level - Procedures | No | Not verified | |
| 121 | Department of Justice | Bureau of Prisons | DOJXBOPD0004 - Hearing Level - Procedures | No | Not verified | |
| 122 | Department of Justice | Bureau of Prisons | DOJXBOPP0006 - Hearing Level - Procedures | No | Not verified | |
| 123 | Department of Justice | Office of the Deputy Administrator | DOJXIDEA0011 - Hearing Level - Procedures | No | Not verified | |
| 124 | Department of Justice | Office of the Attorney General | DOJXNEWS0012 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is permitted by any party, "as provided in the Federal Rules of Civil Procedure; except that the ALJ may place such limits as s/he deems reasonable on the time and manner of taking discovery in order to avoid unnecessary delays in the proceedings." 28 CFR 48.10(a)(3). | Not verified |
| 125 | Department of Justice | Office of the Deputy Attorney General | DOJXPUBD0016 - Hearing Level - Procedures | No | Not verified | |
| 126 | Department of Justice | Office of the Director | DOJXPUBF0017 - Hearing Level - Procedures | No | Not verified | |
| 127 | Department of Justice | Radiation Exposure Compensation Program | DOJXRECA0007 - Hearing Level - Procedures | No | Not verified | |
| 128 | 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 |
| 129 | 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 |
| 130 | Department of Labor | OWCP Final Adjudication Branch | LABRATOM0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 131 | 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 |
| 132 | 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 |
| 133 | Department of Labor | Office of Trade Adjustment Assistance | LABROTAA0009 - Hearing Level - Procedures | Verified | ||
| 134 | Department of State | Foreign Service Grievance Board | DOSFSGBA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | While traditional court-type discovery is unavailable, and grievant may request copies of agency documents or records related to the grievance, subject to privilege or national security considerations. The documents normally shall be provided within 15 days of a request. (22 CFR 16.3(b)(2); 3 FAM 4426.1) | Not verified |
| 135 | Department of State | Grievance Staff | DOSOCSGO0002 - Hearing Level - Procedures | No | Not verified | |
| 136 | Department of State | Attestation Program Review Board | DOSAVATT0004 - Hearing Level - Procedures | No | Verified | |
| 137 | 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 |
| 138 | Department of State | Office of the Procurement Executive | DOSFARSD0010 - Hearing Level - Procedures | No | Not verified | |
| 139 | Department of State | Office of Federal Assistance Financial Management CGFS/FPRA/FAFM | DOSONOND0009 - Hearing Level - Procedures | No | Verified | |
| 140 | Department of State | Office of the Assistant Secretary for Administration | DOSOSOFF0007 - Hearing Level - Procedures | Yes (All Types of Cases) | Employee-debtors and other debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted. (22 CFR 34.8(b)(8), 34.13(e)) | Not verified |
| 141 | Department of State | Office of the Procurement Executive | DOSOSUSD0011 - Hearing Level - Procedures | No | Not verified | |
| 142 | Department of State | Office of the Deputy Assistant Secretary for Passport Services | DOSPASSP0003 - Hearing Level - Procedures | No | A person whose passport has been denied or revoked may request an oral hearing. If no hearing requested, the matter is adjudicated on a "paper" record. (22 CFR 51.70) | Not verified |
| 143 | Department of State | Bureau of the Comptroller and Global Financial Services | DOSPFCRA0008 - Hearing Level - Procedures | Yes (All Types of Cases) | "Full" trial-type discovery (e.g., document requests, requests for admission, written interrogatories, depositions) permitted upon approval of the ALJ or agreement of the parties. (22 CFR 35.21) | Not verified |
| 144 | Department of the Interior | Office of the OHA Director | DINTAHOC0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 145 | Department of the Interior | BIA Director | DINTBIAA0001 - Hearing Level - Procedures | No | Regulations contain no provisions authorizing discovery. | Not verified |
| 146 | Department of the Interior | Departmental Cases Hearings Division | DINTDEPT0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Witnesses, application for subpoena | Not verified |
| 147 | Department of the Interior | Endangered Species Committee | DINTESAC0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 148 | Department of the Interior | Interior Board of Land Appeals | DINTIBLA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | ALJ may subpoena witnesses, depositions 43 CFR 4.423; governed by the Act of January 31, 1903 (43 U.S.C. 102-106), and 28 U.S.C. 1821. | Not verified |
| 149 | Department of the Interior | ONRR Director | DINTONRR0006 - Hearing Level - Procedures | No | Not verified | |
| 150 | Department of the Interior | Indian Probate Hearings Division | DINTPROB0003 - Hearing Level - Procedures | Yes (All Types of Cases) | May request documents, depositions, interrogatories, admission of facts. The judge may limit the time, place and scope of discovery. | Not verified |
| 151 | Department of the Interior | Bureau of Reclamation Commissioner | DINTRECL0007 - Hearing Level - Procedures | No | Not verified | |
| 152 | Department of the Interior | Office of the Secretary | DINTSECY0009 - Hearing Level - Procedures | Not verified | ||
| 153 | Department of the Treasury | IRS Office of Appeals | TRSYIRSA0008 - Hearing Level - Procedures | No | Not verified | |
| 154 | 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 |
| 155 | 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 |
| 156 | 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 |
| 157 | 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 |
| 158 | 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 |
| 159 | Department of Transportation | Office of Hearings | DOTRFRRA0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 160 | 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 |
| 161 | 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 |
| 162 | Department of Transportation | Office of Hearings | DOTROOSE0009 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions | Not verified |
| 163 | Department of Transportation | Office of Hearings | DOTRPIPE0010 - Hearing Level - Procedures | Not verified | ||
| 164 | 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 |
| 165 | Department of Transportation | Office of Hearings | DOTRSECR0013 - Hearing Level - Procedures | Not verified | ||
| 166 | Department of Transportation | Joint Tolls Review Board | DOTRTOLL0015 - Hearing Level - Procedures | Yes (Some Types of Cases) | 33 CFR 403.9 permits the Board to convene prehearing conferences to discuss, inter alia, "(d) [t]he mutual exchange among the parties of documents and exhibits proposed to be submitted at the hearing." The Board also has authority to request discovery for itself. See 33 CFR 403.6 ("The Board may require further information, particulars or documents from any party"). | Not verified |
| 167 | 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 | |
| 168 | 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 |
| 169 | Department of Transportation | Office of the Assistant Secretary for Budget and Programs, or Office of the Assistant Secretary for Administration, or Head of the Operating Administration | DOTRDEBT0018 - Hearing Level - Procedures | Yes (Some Types of Cases) | Various sections afford the debtor the right to inspect and copy the Department's records relating to the debt. See 49 CFR 92.11(b)(7) (administrative and salary offsets); see also 31 CFR 285.11(e)(2)(i) (wage garnishments). There is no similar provision in the regulations governing tax refund offsets, however. | Not verified |
| 170 | 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 |
| 171 | Department of Transportation | Office of the Assistant Secretary for Administration | DOTRNPRC0008 - Hearing Level - Procedures | No | Not verified | |
| 172 | Department of Transportation | Office of the Administrator | DOTRSCBS0012 - Hearing Level - Procedures | Not verified | ||
| 173 | Department of Transportation | Office of the Administrator | DOTRSHIP0014 - Hearing Level - Procedures | Not verified | ||
| 174 | 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 |
| 175 | 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 |
| 176 | Department of Veterans Affairs | Office of the Under Secretary for Memorial Affairs | DOVABURI0005 - Hearing Level - Procedures | No | Not verified | |
| 177 | Department of Veterans Affairs | Operations and Management | DOVACARE0001 - Hearing Level - Procedures | No | Not verified | |
| 178 | Department of Veterans Affairs | Office of Deputy Under Secretary for Benefits | DOVACOEA0004 - Hearing Level - Procedures | No | Verified | |
| 179 | Department of Veterans Affairs | Office of Vocational Rehabilitation & Counseling Service | DOVADEPD0003 - Hearing Level - Procedures | No | Not verified | |
| 180 | Department of Veterans Affairs | Office of Academic Affiliations | DOVAEMIG0002 - Hearing Level - Procedures | No | Verified | |
| 181 | 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 |
| 182 | Department of Veterans Affairs | Office of Management | DOVAOFFS0010 - Hearing Level - Procedures | No | Verified | |
| 183 | Department of Veterans Affairs | Debarment and Suspension Committee | DOVAPROC0009 - Hearing Level - Procedures | No | Verified | |
| 184 | Department of Veterans Affairs | Office of the Deputy Secretary | DOVASUSD0008 - Hearing Level - Procedures | No | Not verified | |
| 185 | Environmental Protection Agency | Environmental Appeals Board | EPACERCL0007 - Hearing Level - Procedures | No | Not verified | |
| 186 | Environmental Protection Agency | Office of Regional Operations | EPAOPRMT0006 - Hearing Level - Procedures | Yes (Some Types of Cases) | With one exception, discovery is not permitted during permit proceedings. For RCRA permits, the EPA Regional Administrator may, on a case-by-case basis, determine after submission of a permit application that there is a need for an "information repository." Establishing and maintaining the information repository is the responsibility of the facility. The information repository contains documents, reports, data, and other information deemed necessary by the regional administrator. The information repository is open to the public. (See 40 CFR 124.33) | Not verified |
| 187 | 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 |
| 188 | Environmental Protection Agency | Office of the Administrator | EPAOAIRO0008 - Hearing Level - Procedures | No | Not verified | |
| 189 | Environmental Protection Agency | Office of Grants and Debarment | EPAOCOMP0009 - Hearing Level - Procedures | Not verified | ||
| 190 | 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 |
| 191 | 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 |
| 192 | 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 |
| 193 | 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 |
| 194 | Environmental Protection Agency | Office of Grants and Debarment | EPAOSUSD0004 - Hearing Level - Procedures | No | Not verified | |
| 195 | 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 | |
| 196 | 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 |
| 197 | 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 |
| 198 | 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 |
| 199 | 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 |
| 200 | Equal Employment Opportunity Commission | Office of Equal Opportunity | EEOCTECH0003 - Hearing Level - Procedures | No | Verified |
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