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 | Corporation for National and Community Service | Office of the Chief Financial Officer | CNCSDENI0002 - Hearing Level - Procedures | No | Not verified | |
| 102 | Corporation for National and Community Service | Department of the Chief Executive Officer | CNCSDISC0001 - Hearing Level - Procedures | No | Not verified | |
| 103 | Corporation for National and Community Service | Department of the Chief Executive Officer | CNCSSUSD0008 - Hearing Level - Procedures | No | Not verified | |
| 104 | Department of Agriculture | Plant Protection Quarantine | USDAAPHS0014 - Hearing Level - Procedures | No | Not verified | |
| 105 | Department of Agriculture | Veterinary Services | USDAAPHS0015 - Hearing Level - Procedures | No | Not verified | |
| 106 | Department of Agriculture | Regional Foresters | USDALRMP0008 - Hearing Level - Procedures | No | Not verified | |
| 107 | Department of Agriculture | Forest Supervisor | USDAOCCU0017 - Hearing Level - Procedures | No | Not verified | |
| 108 | Department of Agriculture | Regional Foresters | USDAPRED0007 - Hearing Level - Procedures | No | Not verified | |
| 109 | Department of Agriculture | Regional Foresters | USDAPRJT0018 - Hearing Level - Procedures | No | Not verified | |
| 110 | Department of Agriculture | Center for Veterinary Biologics | USDAVPAT0016 - Hearing Level - Procedures | No | Not verified | |
| 111 | Department of Agriculture | Office of the Administrator | USDAAMSM0025 - Hearing Level - Procedures | No | Not verified | |
| 112 | Department of Agriculture | Office of the Administrator | USDAAMSO0027 - Hearing Level - Procedures | No | Not verified | |
| 113 | Department of Agriculture | Office of the Administrator | USDAFASO0029 - Hearing Level - Procedures | No | Not verified | |
| 114 | Department of Agriculture | Risk Management Agency | USDAFCIC0020 - Hearing Level - Procedures | No | Not verified | |
| 115 | Department of Agriculture | Office of Field Operations | USDAFSAO0022 - Hearing Level - Procedures | No | Not verified | |
| 116 | Department of Agriculture | Office of Deputy Chief for Programs | USDAMINE0024 - Hearing Level - Procedures | No | Not verified | |
| 117 | Department of Agriculture | RD Operations & Management | USDARDOO0023 - Hearing Level - Procedures | Not verified | ||
| 118 | Department of Agriculture | Varies (by USDA program agency) | USDASUSD0030 - Hearing Level - Procedures | No | Not verified | |
| 119 | Department of Agriculture | Office of Budget & Finance | USDATMBR0019 - Hearing Level - Procedures | No | Not verified | |
| 120 | Department of Agriculture | Office of Executive Vice President | USDATTPP0028 - Hearing Level - Procedures | No | Not verified | |
| 121 | Department of Commerce | Grants Management Division | USDCDEBA0016 - Hearing Level - Procedures | No | Not verified | |
| 122 | Department of Commerce | Office of the Director (NIST) | USDCNIST0008 - Hearing Level - Procedures | No | Not verified | |
| 123 | Department of Commerce | Office of the Secretary | USDCSECR0007 - Hearing Level - Procedures | No | Not verified | |
| 124 | Department of Commerce | Enforcement Section | USDCWARN0010 - Hearing Level - Procedures | No | Not verified | |
| 125 | Department of Education | Office of the General Counsel | DOEDFARO0004 - Hearing Level - Procedures | No | Not verified | |
| 126 | Department of Energy | Office of Infrastructure Security & Energy Restoration | DOENISER0003 - Hearing Level - Procedures | No | Not verified | |
| 127 | Department of Energy | Office of Procurement and Assistance Management | DOENNPSD0006 - Hearing Level - Procedures | No | Not verified | |
| 128 | Department of Energy | Office of Acquisition and Supply Management (NNSA) | DOENNPSD0007 - Hearing Level - Procedures | No | Not verified | |
| 129 | Department of Energy | Patent Compensation Board (NNSA) | DOENPCBD0010 - Hearing Level - Procedures | Not verified | ||
| 130 | Department of Energy | Office of Procurement and Assistance Management | DOENSUSD0008 - Hearing Level - Procedures | No | Not verified | |
| 131 | Department of Energy | Office of Acquisition and Supply Management (NNSA) | DOENSUSD0009 - Hearing Level - Procedures | No | Not verified | |
| 132 | Department of Energy | Office of Civil Rights | DOENDSCR0014 - Hearing Level - Procedures | No | Not verified | |
| 133 | Department of Energy | Office of the Assistant General Counsel for Technology Transfer | DOENLGOI0011 - Hearing Level - Procedures | No | Not verified | |
| 134 | Department of Energy | Office of the General Counsel (NNSA) | DOENLGOI0012 - Hearing Level - Procedures | No | Not verified | |
| 135 | Department of Health and Human Services | Office of the Secretary | HHSOFARO0010 - Hearing Level - Procedures | No | Not verified | |
| 136 | Department of Health and Human Services | Office of the Secretary | HHSOSUSD0011 - Hearing Level - Procedures | No | Not verified | |
| 137 | Department of Justice | Bureau of Prisons | DOJXBOPC0005 - Hearing Level - Procedures | No | Not verified | |
| 138 | Department of Justice | Bureau of Prisons | DOJXBOPD0004 - Hearing Level - Procedures | No | Not verified | |
| 139 | Department of Justice | Bureau of Prisons | DOJXBOPP0006 - Hearing Level - Procedures | No | Not verified | |
| 140 | Department of Justice | Office of the Deputy Administrator | DOJXIDEA0011 - Hearing Level - Procedures | No | Not verified | |
| 141 | Department of Justice | Office of the Deputy Attorney General | DOJXPUBD0016 - Hearing Level - Procedures | No | Not verified | |
| 142 | Department of Justice | Office of the Director | DOJXPUBF0017 - Hearing Level - Procedures | No | Not verified | |
| 143 | Department of Justice | Radiation Exposure Compensation Program | DOJXRECA0007 - Hearing Level - Procedures | No | Not verified | |
| 144 | Department of Housing and Urban Development | Office of the Inspector General (OIG) | HUDOIGOO0005 - Hearing Level - Procedures | No | Verified | |
| 145 | Department of State | Office of the Procurement Executive | DOSFARSD0010 - Hearing Level - Procedures | No | Not verified | |
| 146 | Department of State | Office of Federal Assistance Financial Management CGFS/FPRA/FAFM | DOSONOND0009 - Hearing Level - Procedures | No | Verified | |
| 147 | Department of State | Office of the Procurement Executive | DOSOSUSD0011 - Hearing Level - Procedures | No | Not verified | |
| 148 | Metropolitan Washington Airport Authority | Appeal Office | MWAAPERM0002 - Hearing Level - Procedures | No | Not verified | |
| 149 | Metropolitan Washington Airport Authority | Office of Airports Authority Debarment Judge | MWAADBAR0004 - Hearing Level - Procedures | Not verified | ||
| 150 | Office of the Comptroller of the Currency | Unknown | OCCXIFML0002 - Hearing Level - Procedures | No | Not verified | |
| 151 | Office of the Comptroller of the Currency | Unknown (Licensing) | OCCXLCNS0003 - Hearing Level - Procedures | No | Not verified | |
| 152 | Environmental Protection Agency | Environmental Appeals Board | EPACERCL0007 - Hearing Level - Procedures | No | Not verified | |
| 153 | Department of Housing and Urban Development | Federal Housing Administration | HUDOFHAO0008 - Hearing Level - Procedures | No | Verified | |
| 154 | Department of Housing and Urban Development | Office of Affordable Housing Preservation | HUDMULTI0007 - Hearing Level - Procedures | No | Verified | |
| 155 | Office of the Comptroller of the Currency | Office of the Comptroller of the Currency | OCCXDISA0004 - Hearing Level - Procedures | No | Not verified | |
| 156 | United States International Trade Commission | Commission | ITCXADCD0002 - Hearing Level - Procedures | No | Verified | |
| 157 | United States International Trade Commission | Office of the Secretary | ITCXCONF0004 - Hearing Level - Procedures | No | Verified | |
| 158 | United States International Trade Commission | Commission | ITCXETHC0003 - Hearing Level - Procedures | No | Verified | |
| 159 | United States International Trade Commission | Commission | ITCXMISC0007 - Hearing Level - Procedures | No | Verified | |
| 160 | Commodity Futures Trading Commission | Office of the Executive Director | CFTCCOLL0003 - Hearing Level - Procedures | No | Not verified | |
| 161 | Commodity Futures Trading Commission | Commission | CFTCPRIV0002 - Hearing Level - Procedures | No | Not verified | |
| 162 | Department of Commerce | Office of the Assistant Secretary for Export Administration | USDCBISA0002 - Hearing Level - Procedures | Not verified | ||
| 163 | Department of Commerce | Office of the Director (Census) | USDCCENS0001 - Hearing Level - Procedures | Not verified | ||
| 164 | Department of Housing and Urban Development | Office of Public and Indian Housing | HUDOPHAA0006 - Hearing Level - Procedures | Not verified | ||
| 165 | Department of Transportation | Office of the Assistant Secretary for Administration | DOTRNPRC0008 - Hearing Level - Procedures | No | Not verified | |
| 166 | Environmental Protection Agency | Office of the Administrator | EPAOAIRO0008 - Hearing Level - Procedures | No | Not verified | |
| 167 | Federal Housing Finance Agency | Office of the Director | FHFACAPC0003 - Hearing Level - Procedures | No | Not verified | |
| 168 | General Services Administration | Office of the Administrator | GSAONPRC0002 - Hearing Level - Procedures | No | Not verified | |
| 169 | James Madison Memorial Fellowship Foundation | Counsel to the Foundation | JMMFTERM0001 - Hearing Level - Procedures | No | Not verified | |
| 170 | National Endowment for the Arts | Office of the Chairman | NEAONOND0002 - Hearing Level - Procedures | No | Not verified | |
| 171 | Nuclear Regulatory Commission | Office of Administration | NRCFARSD0007 - Hearing Level - Procedures | No | Not verified | |
| 172 | United States International Trade Commission | Office of Finance | ITCXOFST0006 - Hearing Level - Procedures | No | Not verified | |
| 173 | United States International Trade Commission | Office of Finance | ITCXSALY0005 - Hearing Level - Procedures | Not verified | ||
| 174 | Railroad Retirement Board | Bureau of Hearings and Appeals | RRBOBENE0001 - Hearing Level - Procedures | No | No "traditional" discovery available (e.g., depositions or interrogatories), but RRB may require claimant to submit to consultative examination at RRB's expense, at the initial, reconsideration, and hearings and appeals levels. Hearing officers also ask the claimant to provide copies of medical records or other evidence. Hearings officers may also request that the claimant's file be reviewed by an RRB consultative doctor. | Verified |
| 175 | Department of Health and Human Services | Medicare Geographic Classification Review Board | HHSOMGCR0006 - Hearing Level - Procedures | No | Verified | |
| 176 | Federal Labor Relations Authority | Office of the Regional Director (7 Regional Offices) | FLRAREPE0001 - Hearing Level - Procedures | Yes (All Types of Cases) | "After a petition is filed, all parties must, upon request of the Regional Director, furnish the Regional Director and serve all parties affected by issues raised in the petition with information concerning parties, issues, and agreements raised in or affected by the petition." 5 CFR 2422.15(a) It is not true discovery in the civil litigation sense but information sharing. The process is not adversarial. | Verified |
| 177 | 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 |
| 178 | National Archives and Records Administration | Office of the Archivist | NARANDBS0004 - 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." 36 CFR 1211.620(d)(2) | Not verified |
| 179 | Department of Commerce | Office for Human Resources Management | USDCGRIE0017 - Hearing Level - Procedures | Yes (All Types of Cases) | "An employee pursuing a grievance is entitled to communicate with the [Servicing Human Resources Office] SHRO to obtain information about the grievance process and to get clarification about any provision of this Order. An employee filing a grievance also has the right to review all regulatory material regarding the grievance process and/or the matter being grieved and to review the grievance file." DAO 202-771, 5.03 | Not verified |
| 180 | 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 |
| 181 | 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 |
| 182 | Merit Systems Protection Board | Office of the Administrative Law Judge | MSPBORIG0002 - 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 |
| 183 | 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 |
| 184 | Department of Commerce | National Appeals Office | USDCNNAO0013 - Hearing Level - Procedures | Yes (All Types of Cases) | "Parties shall exchange all exhibits that will be offered at the hearing at least 10 days before the hearing." 15 CFR 906.9(b) However, "[p]arties may not compel discovery or the testimony of any witness." 15 CFR 906.11(a)(7) | Not verified |
| 185 | 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 |
| 186 | Board of Governors of the Federal Reserve System | Board of Governors | FRSXBOAR0003 - Hearing Level - Procedures | Yes (All Types of Cases) | "The administrative judge shall notify the parties of the right to seek discovery prior to the hearing and may issue such discovery orders as are appropriate. Unless the parties agree in writing concerning the methods and scope of discovery, the party seeking discovery shall request authorization from the administrative judge prior to commencing discovery." Discovery may include interrogatories, depositions, requests for admissions, stipulations, and requests for production of documents. 12 CFR 268.108(d) | Not verified |
| 187 | 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 |
| 188 | Farm Credit Administration | Unknown | FCAOCIVP0004 - Hearing Level - Procedures | Yes (All Types of Cases) | "Thirty (30) days prior to the hearing, parties shall exchange a list of the names of witnesses with a general description of their expected testimony, and a list and one copy of all documents or other physical exhibits which will be introduced in evidence in the course of the proceeding." 12 CFR 622.7(c) | Not verified |
| 189 | Federal Labor Relations Authority | Office of the Regional Director (7 Regional Offices) | FLRABREP0003 - Hearing Level - Procedures | Yes (All Types of Cases) | "Two (2) copies of documentary evidence shall be submitted and a copy furnished to each of the other parties." 22 CFR 1422.11(a) | Verified |
| 190 | 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 |
| 191 | National Science Foundation | Office of the General Counsel | NSFOFADJ0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | *Antarctic Conservation Act/PFCRA/Anti-Lobbying Cases: Parties are required at prehearing conference disclose names of their witnesses and experts, along with copies of documents they intend to introduce at the hearing. Other forms of discovery (e.g., depositions) permitted only at the hearing officer's discretion upon showing of necessity and unavailability of information through other means. (45 CFR 604.405 (lobbying restrictions), 672.12(e) (ACA), 45 CFR 681.18 (PFCRA)) *Civil Rights/De-funding Cases: None specified in NSF regulations. (See 45 CFR Parts 605, 611, 617, 618) | Not verified |
| 192 | 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 |
| 193 | Department of Agriculture | Office of the Chief Conservationist | USDANRCS0021 - Hearing Level - Procedures | Yes (Some Types of Cases) | *Program Decisions: No discovery permitted. * NRCS Reconsideration of Preliminary Technical Determinations: As part of the reconsideration process for adverse preliminary technical determinations, a party, the designated conservationist who issued the preliminary determination, and a district representative (at the option of the conservation district), a district representative, conduct a field visit to the subject site "for the purpose of gathering additional information and discussing the [relevant] facts" to such determination. (7 CFR 614.7) * FSA County Committee Referral of Final Technical Determination Review to State Conservationist: If the FSA County Committee hearing the appeal of a technical determination under Title XII requests review of that determination by the State Conservationist, the State Conservationist designates "an appropriate NRCS official" to (a) any additional information needed for the review, and (b) obtain additional oral and documentary evidence from any party with personal knowledge; and (c) conduct a field visit. (7 CFR 614.10) | Not verified |
| 194 | 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 | |
| 195 | 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 |
| 196 | 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 |
| 197 | Nuclear Regulatory Commission | Office of the Secretary | NRCOIMEX0004 - Hearing Level - Procedures | No | 10 CFR 10.22(d) details the individual's right to request documents, records and reports which form the basis for the question of their eligibility. The individual may also request the entire investigative file to the extent permitted by national security interests and other applicable law. | Not verified |
| 198 | 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 |
| 199 | National Aeronautics and Space Administration | Office of the General Counsel | NASANAOO0001 - Hearing Level - Procedures | Yes (All Types of Cases) | 14 CFR 1264.120 The following types of discovery are authorized: (1) Requests for production of documents for inspection and copying; (2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. The presiding officer may grant a motion for discovery only if he/she finds that the discovery sought is necessary for the expeditious, fair, and reasonable consideration of the issues, will not be unduly burdensome, will not cause a delay, the information is not privileged. | Not verified |
| 200 | Consumer Product Safety Commission | United States Coast Guard Administrative Law Judges | CPSCPENA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | 16 CFR 1025.31 (b) Discovery methods. Parties may obtain discovery by one or more of the following methods: (1) Written interrogatories; (2) Requests for production of documents or things; (3) Requests for admission; or (4) Depositions upon oral examination. | Not verified |
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