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 | 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 |
| 302 | National Indian Gaming Commission | Division of Finance | NIGCSOFF0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors may, upon request, inspect and copy the agency's records relating to the debt at issue. | Not verified |
| 303 | 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 |
| 304 | Department of Homeland Security | Discharge Review Board | DHSCCGDR0007 - Hearing Level - Procedures | No | 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 | Office of National Drug Control Policy | Departmental Enforcement Center | ONDCSUSP0001 - Hearing Level - Procedures | No | Not verified | |
| 307 | Department of the Interior | Departmental Cases Hearings Division | DINTDEPT0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Witnesses, application for subpoena | Not verified |
| 308 | Corporation for National and Community Service | Department of the Chief Executive Officer | CNCSDISC0001 - Hearing Level - Procedures | No | Not verified | |
| 309 | Corporation for National and Community Service | Department of the Chief Executive Officer | CNCSSUSD0008 - Hearing Level - Procedures | No | Not verified | |
| 310 | Department of Veterans Affairs | Debarment and Suspension Committee | DOVAPROC0009 - Hearing Level - Procedures | No | Verified | |
| 311 | Farm Credit Administration | Credit Review Committee | FCAOLOAN0002 - Hearing Level - Procedures | No | Not verified | |
| 312 | James Madison Memorial Fellowship Foundation | Counsel to the Foundation | JMMFTERM0001 - Hearing Level - Procedures | No | Not verified | |
| 313 | Copyright Royalty Tribunal | Copyright Royalty Board | CRTRADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery varies depending on case type. For distribution proceedings, the Copyright Royalty Judge designates a 45 day period in which parties may request non-privileged documents related to written exhibits and testimony. See 37 CFR 351.6. In royalty rate proceedings, discovery includes requests for document production, depositions, and interrogatories. See 37 CFR 351.5. | Not verified |
| 314 | Government Accountability Office | Contract Appeals Board | GAOOCONT0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, requests for admission, production of documents. | Not verified |
| 315 | Foreign Claims Settlement Commission | Commission | FCSCADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Claimants may seek, upon Commission approval and issuance/order (as applicable), discovery through subpoenas duces tecum and depositions (oral or written). (45 CFR 501.2, 501.5) | Verified |
| 316 | Securities and Exchange Commission | Commission | SECOFFDI0003 - Hearing Level - Procedures | No | Not verified | |
| 317 | United States Parole Commission | Commission | USPCCOMP0003 - Hearing Level - Procedures | Not verified | ||
| 318 | 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 |
| 319 | 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 |
| 320 | United States Parole Commission | Commission | USPCREVC0004 - Hearing Level - Procedures | Yes (All Types of Cases) | All evidence upon which the finding of violation may be based shall be disclosed to the parolee at or before the revocation hearing. The hearing officer or examiner panel may disclose documentary evidence by permitting the parolee to examine the document during the hearing, or where appropriate, by reading or summarizing the document in the presence of the parolee. 28 CFR 2.50(d) | Not verified |
| 321 | 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 |
| 322 | Federal Communications Commission | Commission | FCCOEQUI0003 - Hearing Level - Procedures | No | Not verified | |
| 323 | United States International Trade Commission | Commission | ITCXADCD0002 - Hearing Level - Procedures | No | Verified | |
| 324 | United States International Trade Commission | Commission | ITCXETHC0003 - Hearing Level - Procedures | No | Verified | |
| 325 | United States International Trade Commission | Commission | ITCXMISC0007 - Hearing Level - Procedures | No | Verified | |
| 326 | Commodity Futures Trading Commission | Commission | CFTCPRIV0002 - Hearing Level - Procedures | No | Not verified | |
| 327 | Federal Election Commission | Commission | FECOADMN0002 - Hearing Level - Procedures | No | Verified | |
| 328 | 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 |
| 329 | National Indian Gaming Commission | Commission | NIGCGREG0001 - Hearing Level - Procedures | No | Not verified | |
| 330 | Federal Election Commission | Commission | FECOREPA0001 - Hearing Level - Procedures | No | Verified | |
| 331 | 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 |
| 332 | 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 |
| 333 | General Services Administration | Civilian Board of Contract Appeals | GSAOCBCA0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Interrogatories, requests for admission, requests for production, depositions, and subpoenas compelling witnesses to produce books/papers/documents at a hearing or deposition. See 48 CFR 6101.13 - .16. | Verified |
| 334 | 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 |
| 335 | Department of Agriculture | Center for Veterinary Biologics | USDAVPAT0016 - Hearing Level - Procedures | No | Not verified | |
| 336 | 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 |
| 337 | Department of the Interior | Bureau of Reclamation Commissioner | DINTRECL0007 - Hearing Level - Procedures | No | Not verified | |
| 338 | Department of Justice | Bureau of Prisons | DOJXBOPC0005 - Hearing Level - Procedures | No | Not verified | |
| 339 | Department of Justice | Bureau of Prisons | DOJXBOPD0004 - Hearing Level - Procedures | No | Not verified | |
| 340 | Department of Justice | Bureau of Prisons | DOJXBOPP0006 - Hearing Level - Procedures | No | Not verified | |
| 341 | 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 |
| 342 | Federal Mediation and Conciliation Service | Budget & Finance | FMCSSOFF0001 - 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. (29 CFR 1450.21(a)(5)) | Verified |
| 343 | Department of Justice | Board of Immigration Appeals | DOJXEOIR0003 - Hearing Level - Procedures | No | Not verified | |
| 344 | Broadcasting Board of Governors | Board of Governors | BBGODEBT0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. | Not verified |
| 345 | Broadcasting Board of Governors | Board of Governors | BBGONPRC0005 - Hearing Level - Procedures | No | Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. | Not verified |
| 346 | Board of Governors of the Federal Reserve System | Board of Governors | FRSXBOAR0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | Depositions are allowed in some case types See 12 CFR 263.73, citing to 263.53. In this case type, deposition procedures for formal hearings are applicable to informal hearings. In other case types (See 12 CFR 263.203 and 204), procedure for discovery is not specified. In 12 CFR 263.402, no discovery is permitted. | Not verified |
| 347 | 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 |
| 348 | 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 |
| 349 | Department of Homeland Security | Board for Correction of Military Records | DHSCCGMR0008 - Hearing Level - Procedures | No | Verified | |
| 350 | 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 |
| 351 | National Credit Union Administration | Board | NCUABDAP0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is permitted only through the production of documents, or the deposition of a person producing documents pursuant to a document subpoena (questions limited to identification of documents produced and whether the search for the documents was adequate). A party may obtain document discovery regarding any matter, not privileged, that has material relevance to the merits of the pending action. | Not verified |
| 352 | National Credit Union Administration | Board | NCUABDAP0002 - Hearing Level - Procedures | No | Not verified | |
| 353 | Board of Veterans' Appeals | Board | DOVABENE0001 - Hearing Level - Procedures | No | Verified | |
| 354 | Tennessee Valley Authority | Board | TVAONOHA0001 - Hearing Level - Procedures | Not verified | ||
| 355 | Department of the Interior | BIA Director | DINTBIAA0001 - Hearing Level - Procedures | No | Regulations contain no provisions authorizing discovery. | Not verified |
| 356 | Metropolitan Washington Airport Authority | Authority Employee Relations Council | MWAALABR0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | For unfair labor practice/negotiability cases (presided over by the ULPP), the Panel may request evidence before, during, or after formal proceedings. MWAR § 2.10(5)(a). The Panel may also order, or grant requests for, production of documents and witnesses. The Panel may order or take depositions. See MWAR § 2.10(5)(b). | Not verified |
| 357 | Department of State | Attestation Program Review Board | DOSAVATT0004 - Hearing Level - Procedures | No | Verified | |
| 358 | Nuclear Regulatory Commission | Atomic Safety and Licensing Board | NRCOSUBL0005 - Hearing Level - Procedures | Yes (All Types of Cases) | In Subpart L proceedings, NRC staff are obligated to make the "hearing file" publicly available on the NRC web site and/or NRC Public Document Room. The hearing file is required to contain, among other things, the license application, any amendments, NRC staff technical/safety reports and/or environmental reports on the application; and any correspondence between the applicant/licensee and NRC related to the application. NRC staff have the ongoing obligation of keeping the hearing file up to date. In all other respects, discovery is prohibited. (10 CFR 2.1203) (Note: In expedited proceedings under Subpart N, discovery is prohibited, and NRC staff does not post a hearing file. See 10 CFR pt. 2, subpt. N.) | Not verified |
| 359 | Nuclear Regulatory Commission | Atomic Safety and Licensing Board | NRCOSUBG0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Full "traditional" discovery -- patterned after FRCP 26 -- available. Parties (other than NRC staff) have mandatory disclosure obligations, which may be supplemented by document requests, written interrogatories, requests for inspection, depositions, and requests for admission. Motions for protective orders permitted. Seasonable supplementation of discovery responses required. (10 CFR 2.705 - 2.708) Note: For proceedings in which NRC Staff is a party, there a special provisions relating to form and scope of discovery available from NRC employees. (See 10 CFR 2.709) | Not verified |
| 360 | Pension Benefit Guaranty Corporation | Appeals Board | PBGCERIS0001 - Hearing Level - Procedures | No | A participant or an employer may seek agency records via a FOIA request, and the Appeals Board permits a extension of time to allow the party to obtain available records before submitting an appeal. | Verified |
| 361 | Metropolitan Washington Airport Authority | Appeal Office | MWAAPERM0002 - Hearing Level - Procedures | No | Not verified | |
| 362 | Department of Agriculture | Administrative Review Branch | USDASNAP0012 - Hearing Level - Procedures | No | Verified | |
| 363 | Department of Agriculture | Administrative Review Branch | USDAARBO0009 - Hearing Level - Procedures | No | Verified | |
| 364 | 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 |
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