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 | Department of Agriculture | Administrative Review Branch | USDASNAP0012 - Hearing Level - Procedures | No | Verified | |
| 302 | Department of Agriculture | Administrative Review Branch | USDAARBO0009 - Hearing Level - Procedures | No | Verified | |
| 303 | Department of Homeland Security | Discharge Review Board | DHSCCGDR0007 - Hearing Level - Procedures | No | Verified | |
| 304 | 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 |
| 305 | 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 |
| 306 | Department of Homeland Security | Board for Correction of Military Records | DHSCCGMR0008 - Hearing Level - Procedures | No | Verified | |
| 307 | 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 |
| 308 | Department of Labor | Office of Administrative Law Judges (OALJ) | LABROALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions upon oral examination or written questions; written interrogatories; production of documents or other evidence for inspection and other purposes; and requests for admission. (29 CFR § 18.13) | Verified |
| 309 | 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 |
| 310 | Government Accountability Office | Office of the General Counsel | GAOOBIDS0003 - Hearing Level - Procedures | Verified | ||
| 311 | United States International Trade Commission | Commission | ITCXADCD0002 - Hearing Level - Procedures | No | Verified | |
| 312 | United States International Trade Commission | Office of the Administrative Law Judges | ITCXALJS0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, Requests for Production, ESI, Requests for Admissions, etc. | Verified |
| 313 | United States International Trade Commission | Office of the Secretary | ITCXCONF0004 - Hearing Level - Procedures | No | Verified | |
| 314 | United States International Trade Commission | Commission | ITCXETHC0003 - Hearing Level - Procedures | No | Verified | |
| 315 | United States International Trade Commission | Commission | ITCXMISC0007 - Hearing Level - Procedures | No | Verified | |
| 316 | 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 |
| 317 | 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 |
| 318 | Government Accountability Office | Personnel Appeals Board | GAOOPERS0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Federal Rules of Civil Procedure provide guidance, but they are not mandatory. Deposition, subpoena, interrogatories, and admissions are permitted. | Verified |
| 319 | Department of Labor | OWCP Final Adjudication Branch | LABRATOM0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 320 | 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 |
| 321 | Department of Labor | Office of Administrative Law Judges (OALJ) | LABROALJ0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions; interrogatories. See 20 CFR §§ 702.341 and 725.458. | Verified |
| 322 | Department of Labor | Office of Trade Adjustment Assistance | LABROTAA0009 - Hearing Level - Procedures | Verified | ||
| 323 | 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 |
| 324 | Department of Health and Human Services | Medicare Geographic Classification Review Board | HHSOMGCR0006 - Hearing Level - Procedures | No | Verified | |
| 325 | Department of Health and Human Services | Office of Hearings and Inquiries | HHSOOHAI0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery is permitted for the Medicaid State Plan Amendment cases pursuant to 42 CFR 430.86 | Verified |
| 326 | Department of Health and Human Services | Provider Reimbursement Review Board | HHSOPRRB0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Verified |
| 327 | 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 |
| 328 | 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 |
| 329 | 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 |
| 330 | Department of Housing and Urban Development | Office of the Inspector General (OIG) | HUDOIGOO0005 - Hearing Level - Procedures | No | Verified | |
| 331 | Department of State | Office of Federal Assistance Financial Management CGFS/FPRA/FAFM | DOSONOND0009 - Hearing Level - Procedures | No | Verified | |
| 332 | Department of Veterans Affairs | Office of Deputy Under Secretary for Benefits | DOVACOEA0004 - Hearing Level - Procedures | No | Verified | |
| 333 | Department of Veterans Affairs | Office of Academic Affiliations | DOVAEMIG0002 - Hearing Level - Procedures | No | Verified | |
| 334 | Department of Veterans Affairs | Office of Management | DOVAOFFS0010 - Hearing Level - Procedures | No | Verified | |
| 335 | Department of Veterans Affairs | Debarment and Suspension Committee | DOVAPROC0009 - Hearing Level - Procedures | No | Verified | |
| 336 | Equal Employment Opportunity Commission | Office of the Chief Human Capital Officer | EEOCDEBT0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Employee-debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted. | Verified |
| 337 | Equal Employment Opportunity Commission | Office of Equal Opportunity | EEOCTECH0003 - Hearing Level - Procedures | No | Verified | |
| 338 | Federal Election Commission | Commission | FECOADMN0002 - Hearing Level - Procedures | No | Verified | |
| 339 | 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 |
| 340 | 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 |
| 341 | Federal Mediation and Conciliation Service | Office of the Director | FMCSSUSD0002 - Hearing Level - Procedures | No | Verified | |
| 342 | Harry S. Truman Scholarship Foundation | Office of the Executive Secretary | HSTFTERM0001 - Hearing Level - Procedures | No | Verified | |
| 343 | Institute for Museum and Library Services | Office of General Counsel | IMLSDBAR0001 - Hearing Level - Procedures | No | IMLS has adopted the OMB guidance set forth in 2 CFR part 180. While the OMB guidance does not specifically provide for formal discovery, the guidance permits the proceedings to be fair and informal and the suspending/debarment official to be flexible. (See 2 CFR 180.740 and 180.835). | Verified |
| 344 | Institute for Museum and Library Services | Office of General Counsel | IMLSNOND0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | As noted in 45 CFR 1110.9(d), the hearing, decision, and any administrative review is conducted in conformity with 5 U.S.C. 554-557. | Verified |
| 345 | Legal Services Corporation | Office of the Inspector General | LSCIGIPA0003 - Hearing Level - Procedures | No | Verified | |
| 346 | Legal Services Corporation | Unknown | LSCOCOST0002 - Hearing Level - Procedures | No | Verified | |
| 347 | Legal Services Corporation | Office of the Inspector General | LSCOCOST0003 - Hearing Level - Procedures | No | Verified | |
| 348 | Legal Services Corporation | Office of the Inspector General | LSCODBAR0001 - Hearing Level - Procedures | No | Verified | |
| 349 | Legal Services Corporation | Office of the Inspector General | LSCODSRR0004 - Hearing Level - Procedures | No | Verified | |
| 350 | Legal Services Corporation | Office of the President | LSCODTOF0001 - Hearing Level - Procedures | Verified | ||
| 351 | Office of Navajo and Hopi Indian Relocation | Office of the Executive Director | ONHIRBEN0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Applicants have a right to review ONHIR evidence produced relative to the challenged initial determination. The presiding officer may also permit depositions. Otherwise, regulations do not describe the scope of discovery, other than noting that "the scope of pre-hearing discovery of evidence shall be limited to relevant matters as determined by the Presiding Officer." (25 CFR 700.313(a)(3), (b)(4)) | Verified |
| 352 | 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 |
| 353 | Overseas Private Investment Corporation | Office of the VP/General Counsel | OPICPEMP0001 - Hearing Level - Procedures | No | Verified | |
| 354 | Pension Benefit Guaranty Corporation | Office of the Chief Financial Officer | PBGCDEBT0002 - 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 4903.5(8)) | Verified |
| 355 | Social Security Administration | Office of Budget, Finance, Quality, and Management | SSAOFARO0003 - Hearing Level - Procedures | No | Verified | |
| 356 | Social Security Administration | Office of Acquisition and Grants | SSAOGRAN0002 - Hearing Level - Procedures | No | Verified | |
| 357 | Social Security Administration | Office of Budget, Finance, Quality, and Management | SSAOSUSD0004 - Hearing Level - Procedures | No | Verified | |
| 358 | 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 |
| 359 | United States Commission on Civil Rights | Office of Management | USCCRSOF0001 - 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. (45 CFR 708.5(b)(5)) | Verified |
| 360 | United States Peace Corps | Office of the Chief Financial Officer | PECODEBT0002 - 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 309.9(b)(8)) | Verified |
| 361 | United States Peace Corps | Office of the Chief Financial Officer | PECOSOFF0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have a right, upon request, to inspect or copy Peace Corps records related to the debt at issue. If personal inspection is impractical, the agency will send records to the debtor-employee. (22 CFR 309.15(b)(5), 309.16(d)(2)-309.16(d)(3)). | Verified |
| 362 | United States Peace Corps | Office of the CFO/Acquisitions and Contracts Management | PECOSUSD0003 - Hearing Level - Procedures | No | Verified | |
| 363 | Central Intelligence Agency | Office of the General Counsel | CIAODBAR0001 - Hearing Level - Procedures | No | Verified | |
| 364 | Federal Election Commission | Commission | FECOREPA0001 - Hearing Level - Procedures | No | Verified |
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