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 Agencysort descending
101 Department of Agriculture Regional Foresters USDALRMP0008 - Hearing Level - Procedures No Not verified
102 Department of Agriculture Forest Supervisor USDAOCCU0017 - Hearing Level - Procedures No Not verified
103 Department of Agriculture PACA Division USDAPACA0004 - Hearing Level - Procedures Yes (All Types of Cases) Depositions only available upon application of party and order by Examiner. Depositions taken before Examiner (by phone) and deponent subject to cross-examination. Subpoenas also available for witnesses and production of documents. (See 7 CFR 47.16 (depositions), 47.17 (subpoenas)). Not verified
104 Department of Agriculture Regional Foresters USDAPRED0007 - Hearing Level - Procedures No Not verified
105 Department of Agriculture Regional Foresters USDAPRJT0018 - Hearing Level - Procedures No Not verified
106 Department of Agriculture Policy & Litigation Division USDAPSAR0005 - Hearing Level - Procedures Yes (All Types of Cases) Depositions (oral or upon written interrogatories) permitted upon motion and order of Presiding Officer. Subpoenas for production of documents also allowed with order. (9 CFR 202.109) Not verified
107 Department of Agriculture Center for Veterinary Biologics USDAVPAT0016 - Hearing Level - Procedures No Not verified
108 Department of Agriculture Office of the Administrator USDAAMSM0025 - Hearing Level - Procedures No Not verified
109 Department of Agriculture Office of the Administrator USDAAMSO0027 - Hearing Level - Procedures No Not verified
110 Department of Agriculture Office of the Administrator USDAFASO0029 - Hearing Level - Procedures No Not verified
111 Department of Agriculture Risk Management Agency USDAFCIC0020 - Hearing Level - Procedures No Not verified
112 Department of Agriculture Office of Field Operations USDAFSAO0022 - Hearing Level - Procedures No Not verified
113 Department of Agriculture Office of Deputy Chief for Programs USDAMINE0024 - Hearing Level - Procedures No Not verified
114 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
115 Department of Agriculture RD Operations & Management USDARDOO0023 - Hearing Level - Procedures Not verified
116 Department of Agriculture Varies (by USDA program agency) USDASUSD0030 - Hearing Level - Procedures No Not verified
117 Department of Agriculture Office of Budget & Finance USDATMBR0019 - Hearing Level - Procedures No Not verified
118 Department of Agriculture Office of Executive Vice President USDATTPP0028 - Hearing Level - Procedures No Not verified
119 Department of Commerce Office of the Assistant Secretary for Export Administration USDCBISA0002 - Hearing Level - Procedures Not verified
120 Department of Commerce Office of the Director (Census) USDCCENS0001 - Hearing Level - Procedures Not verified
121 Department of Commerce Ethics Law and Program Division USDCCONF0014 - Hearing Level - Procedures Yes (All Types of Cases) Yes, but it is very limited and conditional on agreement of the parties. ("There shall be no discovery unless agreed to by the parties and ordered by the examiner.") 15 CFR 0.735-46(d). Not verified
122 Department of Commerce Office of the Assistant Administrator for Fisheries USDCCONT0011 - Hearing Level - Procedures Yes (All Types of Cases) The discovery is limited to the authority of the Assistant Administrator or his designee to subpoena the production of books, records and other evidence related to the claim. See 50 CFR 296.6(e)(2). Not verified
123 Department of Commerce Grants Management Division USDCDEBA0016 - Hearing Level - Procedures No Not verified
124 Department of Commerce Office of the Chief Financial Officer and Assistant Secretary for Administration USDCDEBT0015 - Hearing Level - Procedures Yes (All Types of Cases) The debtor has the opportunity to inspect and copy DOC's records relating to the debt. Not verified
125 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
126 Department of Commerce Office of the Assistant Administrator for Fisheries USDCINSP0012 - Hearing Level - Procedures Yes (All Types of Cases) The scope of discovery is limited to depositions at the discretion of the Hearing Examiner. See 50 CFR 260.93(j)(1). Not verified
127 Department of Commerce Office of the Director (NIST) USDCNIST0008 - Hearing Level - Procedures No Not verified
128 Department of Commerce Office of the Secretary USDCSECR0007 - Hearing Level - Procedures No Not verified
129 Department of Commerce Enforcement Section USDCWARN0010 - Hearing Level - Procedures No Not verified
130 Department of Education Office of the General Counsel DOEDFARO0004 - Hearing Level - Procedures No Not verified
131 Department of Energy Office of the General Counsel DOENCIVP0004 - Hearing Level - Procedures Yes (Some Types of Cases) Each party must share with all other parties the names of both expert and lay witnesses along with a brief summary of their anticipated testimony, as well as copies and exhibits each party expects to introduce into evidence. See 10 CFR 820.28. In civil penalty cases under the Program Fraud Civil Penalties Act, the defendant may review any relevant and material documents, including those that either condemn or exculpate him or her, unless the documents are privileged. Documents should be made available for both inspection and copying. Depositions may also be required. See 10 CFR 1013.20, 1013.21, 1017.29(k)(6). Not verified
132 Department of Energy Office of Infrastructure Security & Energy Restoration DOENISER0003 - Hearing Level - Procedures No Not verified
133 Department of Energy Office of the Assistant Secretary for Fossil Energy DOENNATG0005 - Hearing Level - Procedures Yes (All Types of Cases) What type and how discovery is conducted may be determined by the parties or by the Assistant Secretary/Presiding Official. Among other things, discovery includes written interrogatories, depositions, and production of documents. The discovery is rather informal. See 10 CFR 590.305, 590.307, 590.310 Not verified
134 Department of Energy Office of Procurement and Assistance Management DOENNPSD0006 - Hearing Level - Procedures No Not verified
135 Department of Energy Office of Acquisition and Supply Management (NNSA) DOENNPSD0007 - Hearing Level - Procedures No Not verified
136 Department of Energy Patent Compensation Board (NNSA) DOENPCBD0010 - Hearing Level - Procedures Not verified
137 Department of Energy Office of Procurement and Assistance Management DOENSUSD0008 - Hearing Level - Procedures No Not verified
138 Department of Energy Office of Acquisition and Supply Management (NNSA) DOENSUSD0009 - Hearing Level - Procedures No Not verified
139 Department of Energy Office of the General Counsel DOENDEBT0013 - Hearing Level - Procedures Yes (All Types of Cases) The debtor has the opportunity to inspect and copy DOE's records relating to the debt. Not verified
140 Department of Energy Office of Civil Rights DOENDSCR0014 - Hearing Level - Procedures No Not verified
141 Department of Energy Office of the Assistant General Counsel for Technology Transfer DOENLGOI0011 - Hearing Level - Procedures No Not verified
142 Department of Energy Office of the General Counsel (NNSA) DOENLGOI0012 - Hearing Level - Procedures No Not verified
143 Department of Health and Human Services Office of the Secretary HHSOFARO0010 - Hearing Level - Procedures No Not verified
144 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
145 Department of Health and Human Services Division of Compensation Analysis and Support HHSONIOS0002 - Hearing Level - Procedures Yes (All Types of Cases) Depositions, interrogatories and document requests are allowed. Not verified
146 Department of Health and Human Services Office of the Secretary HHSOSUSD0011 - Hearing Level - Procedures No Not verified
147 Department of Justice Bureau of Prisons DOJXBOPC0005 - Hearing Level - Procedures No Not verified
148 Department of Justice Bureau of Prisons DOJXBOPD0004 - Hearing Level - Procedures No Not verified
149 Department of Justice Bureau of Prisons DOJXBOPP0006 - Hearing Level - Procedures No Not verified
150 Department of Justice Office of the Deputy Administrator DOJXIDEA0011 - Hearing Level - Procedures No Not verified
151 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
152 Department of Justice Office of the Deputy Attorney General DOJXPUBD0016 - Hearing Level - Procedures No Not verified
153 Department of Justice Office of the Director DOJXPUBF0017 - Hearing Level - Procedures No Not verified
154 Department of Justice Radiation Exposure Compensation Program DOJXRECA0007 - Hearing Level - Procedures No Not verified
155 Department of Housing and Urban Development Office of Public and Indian Housing HUDOPHAA0006 - Hearing Level - Procedures Not verified
156 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
157 Department of State Office of the Procurement Executive DOSFARSD0010 - Hearing Level - Procedures No Not verified
158 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
159 Department of State Office of the Procurement Executive DOSOSUSD0011 - Hearing Level - Procedures No Not verified
160 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
161 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
162 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
163 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
164 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
165 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
166 Department of Transportation Office of the Assistant Secretary for Administration DOTRNPRC0008 - Hearing Level - Procedures No Not verified
167 Department of Transportation Office of the Administrator DOTRSCBS0012 - Hearing Level - Procedures Not verified
168 Department of Transportation Office of the Administrator DOTRSHIP0014 - Hearing Level - Procedures Not verified
169 Department of Veterans Affairs Office of the Under Secretary for Memorial Affairs DOVABURI0005 - Hearing Level - Procedures No Not verified
170 Department of Veterans Affairs Operations and Management DOVACARE0001 - Hearing Level - Procedures No Not verified
171 Department of Veterans Affairs Office of Vocational Rehabilitation & Counseling Service DOVADEPD0003 - Hearing Level - Procedures No Not verified
172 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
173 Department of Veterans Affairs Office of the Deputy Secretary DOVASUSD0008 - Hearing Level - Procedures No Not verified
174 Environmental Protection Agency Office of the Administrator EPAOAIRO0008 - Hearing Level - Procedures No Not verified
175 Environmental Protection Agency Office of Grants and Debarment EPAOCOMP0009 - Hearing Level - Procedures Not verified
176 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
177 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
178 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
179 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
180 Environmental Protection Agency Office of Grants and Debarment EPAOSUSD0004 - Hearing Level - Procedures No Not verified
181 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
182 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
183 Farm Credit Administration Unknown FCAOCLAM0001 - Hearing Level - Procedures Not verified
184 Farm Credit Administration Credit Review Committee FCAOLOAN0002 - Hearing Level - Procedures No Not verified
185 Farm Credit Administration Unknown FCAOSUSR0003 - Hearing Level - Procedures Yes (Some Types of Cases) Formal rules of evidence apply as much as the Board says they apply in a particular proceeding. Not verified
186 Federal Housing Finance Agency Office of the Director FHFACAPC0003 - Hearing Level - Procedures No Not verified
187 Federal Housing Finance Agency Unknown FHFADEBT0001 - Hearing Level - Procedures No Not verified
188 Federal Housing Finance Agency Office of the Director FHFAENFO0002 - Hearing Level - Procedures Yes (All Types of Cases) Document discovery, where documents include "records, drawings, graphs, charts, photographs, recordings, or data stored in electronic form or other data compilations from which information can be obtained or translated, if necessary, by the parties through detection devices into reasonably usable form (e.g., electronically stored information), as well as written material of all kinds." 12 CFR 1209.29(a)(1). Some documents, such as privileged documents, are not discoverable. Discovery procedures are outlined in 12 CFR 1209.29-1209.31. Not verified
189 Federal Retirement Thrift Investment Board Office of the Executive Director FRTIBSOF0001 - Hearing Level - Procedures Yes (All Types of Cases) Debtors may, upon request, inspect and copy agency records related to the disputed debt. (5 CFR 1639.23(d), 1639.51(b)) Not verified
190 Foreign Claims Settlement Commission Commission FCSCCLMS0002 - Hearing Level - Procedures Yes (All Types of Cases) The Commission has authority to order that testimony be taken by deposition. Any person may be compelled to appear and depose, and to produce books, papers, documents, records, correspondence and other evidence. Not verified
191 Government Printing Office Office of the Public Printer GPROSUSD0001 - Hearing Level - Procedures Not verified
192 General Services Administration Office of the Chief Acquisition Officer GSAOFARG0003 - Hearing Level - Procedures Yes (All Types of Cases) 48 CFR 509.406-3(d)(2) - "A party proposed for debarment . . . (ii) May request and receive a copy of the administrative record that was the basis for the proposed debarment. If information is withheld, the party will be notified and provided the reason." This procedure applies to suspension actions by virtue of 48 CFR 509.407-3(a). Not verified
193 General Services Administration Office of the Administrator GSAONPRC0002 - Hearing Level - Procedures No Not verified
194 General Services Administration Office of the General Counsel GSAOPRFR0001 - Hearing Level - Procedures Yes (All Types of Cases) Interrogatories, requests for production, requests for admissions and depositions. Unless the parties agree, discovery is available only as ordered by the ALJ upon motion. See 41 CFR 105-70.021. The ALJ authorizes discovery only when it satisfies/does not offend the conditions in 105-70.021(d)(3). Not verified
195 Inter-American Foundation Office of the General Counsel IAFOSOFF0002 - Hearing Level - Procedures Yes (All Types of Cases) Debtor is not permitted to conduct full "traditional" discovery, but, upon request, may inspect and copy records related to the debt. (22 CFR 1007.4(b)(5)) Not verified
196 Inter-American Foundation Office of the President IAFOSUSD0001 - Hearing Level - Procedures No Not verified
197 James Madison Memorial Fellowship Foundation Counsel to the Foundation JMMFTERM0001 - Hearing Level - Procedures No Not verified
198 Merit Systems Protection Board Office of the Chairman MSPBSOFF0003 - 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. (5 CFR 1215.4(a)(5)) Not verified
199 Metropolitan Washington Airport Authority Unknown MWAAPERM0001 - Hearing Level - Procedures No Not verified
200 National Archives and Records Administration Office of the Archivist NARAASOS0002 - Hearing Level - Procedures Yes (All Types of Cases) Debtors have a right, upon request, to inspect or copy NARA records related to the debt at issue. If personal inspection of such records is impractical, "to receive copies of those records." 36 CFR 1201.14(a)(5). Not verified

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