Displaying 301 - 364 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 |
|---|---|---|---|---|---|---|
| 301 | 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 |
| 302 | 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 |
| 303 | 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 |
| 304 | Railroad Retirement Board | Office of the Secretary of the Board | RRBBDHRG0003 - Hearing Level - Procedures | No | No "traditional" discovery (egg, depositions, interrogatories), but Board members and hearing examiners may issues subpoenas duces tecum upon request. | Verified |
| 305 | 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 |
| 306 | 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 |
| 307 | Office of Personnel Management | Office of the General Counsel | OPMOPFCR0002 - Hearing Level - Procedures | Yes (All Types of Cases) | OPM is required, upon defendant's request, to disclose the following documents: (a) transcripts, records, or other materials related to the allegations in the complaint, and (b) copies of all exculpatory (non-privileged) information of the investigating or reviewing officials. (5 CFR 185.121(a)-(b)). Other types of discovery, unless mutually agreed by the parties, are only available by motion to, and order by, the ALJ: document requests; written interrogatories; and depositions. Motions to compel and for protective orders are permitted. (5 CFR 185.121 - 185.122) | Not verified |
| 308 | 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 |
| 309 | 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 |
| 310 | Surface Transportation Board | Board | STBOMAIN0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | Oral Argument Cases (Parts 1113 & 1114): In formal cases on the oral argument track, discovery is available as of right. The discovery in these cases is akin to that allowed in federal district court (e.g., depositions, requests for production of documents, admissions, and inspection, interrogatories). Modified Procedures Cases (Part 1112): Most of the Board's cases are adjudicated under "modified procedures." In these cases (which are the majority of the cases before the Board), the Board may order discovery upon its own authority or upon approval of a party's request (i.e., rate cases under modified procedures). | Verified |
| 311 | 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 |
| 312 | Department of Commerce | Office of the Under Secretary | USDCDUMP0006 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties are encouraged to engage in voluntary discovery procedures regarding any non-privileged matter relevant to the proceeding. See 19 CFR 354.10. "A party may serve on any other party interrogatories, requests for admissions, or requests for production of documents for inspection and copying." 19 CFR 354.10(b). Additionally, a party may apply for depositions, and upon a showing of good cause the presiding official can order the deposition of any party or under the control or authority of the party. See 19 CFR 354.10(c). | Verified |
| 313 | 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 |
| 314 | National Labor Relations Board | Division of Judges | NLRBULPC0001 - Hearing Level - Procedures | No | Parties may issue subpoenas, which are returnable on the first day of the hearing. Judges rule on any motions or petitions to revoke subpoenas. Prior to issuance of complaints, the General Counsel, through the regional offices, may issue investigatory subpoenas, which are not handled by administrative law judges. In all subpoena matters, if there is non-compliance, the subpoena must be enforced by a Federal Court. | Verified |
| 315 | 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 |
| 316 | 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 |
| 317 | 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 |
| 318 | National Labor Relations Board | Regional Offices | NLRBREPR0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may request and obtain subpoeanas for production of documents and witnesses at hearing. | Verified |
| 319 | 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 |
| 320 | Federal Communications Commission | Investigations and Hearings Division | FCCOINHD0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may take depositions, send interrogatories, or make requests for production of documents. | Not verified |
| 321 | 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 |
| 322 | 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 |
| 323 | Railroad Retirement Board | Office of the General Counsel | RRBPFCRA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | PFCRA : Full "traditional" discovery available (egg, document requests, requests for admission, interrogatories, and depositions), though party seeking discovery must seek ALJ's approval to propound. (45 CFR 2554.26) Administrative/Salary offset: Formal discovery devices are not expressly provided for, but the governing regulations guarantee debtors the right to inspect and copy government records pertaining to the debt, or to request and receive a copy of these records if they cannot personally inspect them. (45 CFR 2506.14(a)(5)) | Verified |
| 324 | Broadcasting Board of Governors | Office of the General Counsel | BBGOPRFR0001 - Hearing Level - Procedures | Yes (All Types of Cases) | PFCRA 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. 22 CFR 521.21(c). The ALJ authorizes discovery only when it does not offend the conditions in 521.21(d)(3) (e.g., privilege, undue burden). Salary Offset Cases: Formal discovery devices are not expressly provided, by 22 CFR 512.20(a)(5) affords employees the "right to inspect and copy the Government records pertaining to the debt." | Not verified |
| 325 | Federal Energy Regulatory Commission | Office of the Secretary | FERCCOMM0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | Proceedings Set for Hearing Under Subpart E: The Commission, as a hearing-level body, rarely conducts evidentiary hearings under Subpart E (18 CFR pt. 385, subpt. E). However, albeit rare, when the Commission does so, discovery available to parties is similar to federal district court. Discovery mechanisms include: depositions of parties, corporations/entities, non-parties, and experts; data requests; interrogatories;document requests; inspection requests; requests for admission. (18 CFR pt. 385, subpt. D). | Verified |
| 326 | Board of Governors of the Federal Reserve System | Labor Relations Panel | FRSXLRPX0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Production of documents, depositions (12 CFR 269b.442). | Not verified |
| 327 | Department of the Interior | BIA Director | DINTBIAA0001 - Hearing Level - Procedures | No | Regulations contain no provisions authorizing discovery. | Not verified |
| 328 | 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 |
| 329 | 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 |
| 330 | Federal Communications Commission | Enforcement Bureau | FCCOMDRD0010 - Hearing Level - Procedures | Yes (All Types of Cases) | Scope of discovery is determined on a case-by-case basis. The Commission (or its delegated authority) may in its discretion order discovery limited to the issues specified by the Commission. Such discovery may include answers to written interrogatories, depositions, document production, or requests for admissions. | Not verified |
| 331 | 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 |
| 332 | United States Parole Commission | Commission | USPCLABR0005 - Hearing Level - Procedures | Yes (All Types of Cases) | The applicant must attach an affidavit setting forth several items concerning the applicant's personal history which are relevant to the case, such as any present employment or past association with labor organizations or employee benefit plans. 28 CFR 4.4. Additionally, each application must be accompanied by 6 letters or forms of statement attesting to the character and reputation of the applicant. 28 CFR 4.5. Pursuant to section 556 of the APA, the hearing officer may take depositions or have depositions taken as necessary. | Not verified |
| 333 | National Endowment for the Arts | Civil Rights Office | NEAOAGED0004 - Hearing Level - Procedures | No | 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)) | Not verified |
| 334 | 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 |
| 335 | Federal Communications Commission | Enforcement Bureau | FCCOMDRD0009 - Hearing Level - Procedures | Yes (Some Types of Cases) | The Commission (or its delegated authority) may order evidentiary procedures upon any issues it finds to have been raised by the filings. | Not verified |
| 336 | 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 |
| 337 | 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 |
| 338 | 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 |
| 339 | United States African Development Foundation | Office of the Director of Financial Management | USADFSOF0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The debtor, upon request, may inspect and copy the agency's records related to the debt. (31 CFR 901.3(b)(4)) | Not verified |
| 340 | Surface Transportation Board | Section of Financial Services | STBODEBT0003 - Hearing Level - Procedures | Yes (All Types of Cases) | The debtor-employee has the right to inspect and copy government records relating to the debt at issue. If he/she is unable to physically inspect the records, the agency will reproduce copies and may charge for such service. (49 CFR 1017.4(a)(5), (c)(4).) | Verified |
| 341 | Office of Personnel Management | Office of the Chief Financial Officer | OPMOSOFF0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The debtor-employee may request to inspect (and copy) all OPM documents relating to the debt claimed. (5 CFR 179.206(a)(5)). | Not verified |
| 342 | 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 |
| 343 | 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 |
| 344 | 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 |
| 345 | 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 |
| 346 | Department of Agriculture | National Appeals Division | USDANADO0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | The parties may agree among themselves to engage in discovery, but the Hearing Officer cannot compel discovery. Discovery may include depositions (testimony given outside the hearing under oath), interrogatories (written questions and answers), and document requests. When appropriate, appellant-requested agency witnesses will be made available. Otherwise, with the Directors concurrence, the Hearing Officer may issue subpoenas for witnesses and documents. | Verified |
| 347 | 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 |
| 348 | United States Parole Commission | Commission | USPCMAIN0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The prisoner/parolee is permitted to view his/her institutional file before the hearing and may inspect any parts that the Commission will use as a basis for its decision. If any portions of the file are exempted, by law, from being shown, those portions will be summarized and the summaries will be provided to the offender, if requested. 28 CFR 2.55 | Not verified |
| 349 | Overseas Private Investment Corporation | Office of the VP/General Counsel | OPICLOBY0002 - Hearing Level - Procedures | Yes (All Types of Cases) | The Program Fraud Civil Remedies Act (PFCRA) specifies availability of discovery, but does not specify (or limit) available types. | Verified |
| 350 | 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 |
| 351 | 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 |
| 352 | 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 |
| 353 | 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 |
| 354 | 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 | |
| 355 | United States Parole Commission | Commission | USPCTRNF0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Transferee and his/her counsel have an opportunity to read and discuss the postsentence investigation report. | Not verified |
| 356 | 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 |
| 357 | 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 |
| 358 | 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 |
| 359 | 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 |
| 360 | 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 |
| 361 | Department of Homeland Security | Office of the Chief Administrative Law Judge | DHSCCGFM0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Witness lists with expected testimony, exhibits. Further forms of discovery are available only by ALJ's order, including interrogatories, depositions, and document production. 33 CFR 20 Subpart F. | Verified |
| 362 | Department of the Interior | Departmental Cases Hearings Division | DINTDEPT0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Witnesses, application for subpoena | Not verified |
| 363 | 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 |
| 364 | 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 |
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