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 | 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 |
| 302 | 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 |
| 303 | Department of the Treasury | IRS Office of Appeals | TRSYIRSA0008 - Hearing Level - Procedures | No | Not verified | |
| 304 | Tennessee Valley Authority | Board | TVAONOHA0001 - Hearing Level - Procedures | Not verified | ||
| 305 | United States African Development Foundation | Office of the President/CEO | USADFDBR0002 - Hearing Level - Procedures | No | Not verified | |
| 306 | 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 |
| 307 | United States Agency for International Development | Office of the Chief Financial Officer | USAIDDBT0002 - 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 213.9(a)(2), 213.20(a)(2)(ii), 213.22(c)(5)) | Not verified |
| 308 | United States Agency for International Development | Office of the General Counsel | USAIDEMP0003 - Hearing Level - Procedures | No | Not verified | |
| 309 | United States Agency for International Development | Office of the General Counsel | USAIDFFA0001 - Hearing Level - Procedures | No | Not verified | |
| 310 | United States Agency for International Development | Office of the General Counsel | USAIDLBY0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Full "trial-type" discovery available pursuant to ALJ approval or mutual agreement of parties. Discovery methods include: document requests; requests for admission; interrogatories; and, depositions. (22 CFR 224.21) | Not verified |
| 311 | United States Agency for International Development | Office of Acquisition and Assistance | USAIDSDO0005 - Hearing Level - Procedures | No | Not verified | |
| 312 | 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 |
| 313 | Department of Agriculture | Office of the Administrator | USDAAMSM0025 - Hearing Level - Procedures | No | Not verified | |
| 314 | Department of Agriculture | Office of the Administrator | USDAAMSO0027 - Hearing Level - Procedures | No | Not verified | |
| 315 | Department of Agriculture | Plant Protection Quarantine | USDAAPHS0014 - Hearing Level - Procedures | No | Not verified | |
| 316 | Department of Agriculture | Veterinary Services | USDAAPHS0015 - Hearing Level - Procedures | No | Not verified | |
| 317 | Department of Agriculture | Administrative Review Branch | USDAARBO0009 - Hearing Level - Procedures | No | Verified | |
| 318 | Department of Agriculture | Office of the Chief Financial Officer | USDADEBT0003 - 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. (7 CFR 3.41(a)(2)(i), 3.42; 31 CFR 285.11(e)(2)) | Not verified |
| 319 | Department of Agriculture | Office of the Administrator | USDAFASO0029 - Hearing Level - Procedures | No | Not verified | |
| 320 | Department of Agriculture | Risk Management Agency | USDAFCIC0020 - Hearing Level - Procedures | No | Not verified | |
| 321 | Department of Agriculture | Office of Field Operations | USDAFSAO0022 - Hearing Level - Procedures | No | Not verified | |
| 322 | Department of Agriculture | Regional Foresters | USDALRMP0008 - Hearing Level - Procedures | No | Not verified | |
| 323 | Department of Agriculture | Office of Deputy Chief for Programs | USDAMINE0024 - Hearing Level - Procedures | No | Not verified | |
| 324 | 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 |
| 325 | 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 |
| 326 | Department of Agriculture | Office of the Administrative Law Judges | USDAOALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions and subpoenas only. For depositions, parties must file motions with the ALJ naming potential deponent and basis for request which, by rule, "shall solely be for the purpose of eliciting testimony which might not otherwise be available at the time of the hearing." (See 7 CFR § 1.148(b)(4)) | Not verified |
| 327 | Department of Agriculture | Forest Supervisor | USDAOCCU0017 - Hearing Level - Procedures | No | Not verified | |
| 328 | 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 |
| 329 | Department of Agriculture | Regional Foresters | USDAPRED0007 - Hearing Level - Procedures | No | Not verified | |
| 330 | Department of Agriculture | Regional Foresters | USDAPRJT0018 - Hearing Level - Procedures | No | Not verified | |
| 331 | 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 |
| 332 | Department of Agriculture | RD Operations & Management | USDARDOO0023 - Hearing Level - Procedures | Not verified | ||
| 333 | Department of Agriculture | Administrative Review Branch | USDASNAP0012 - Hearing Level - Procedures | No | Verified | |
| 334 | Department of Agriculture | Varies (by USDA program agency) | USDASUSD0030 - Hearing Level - Procedures | No | Not verified | |
| 335 | Department of Agriculture | Office of Budget & Finance | USDATMBR0019 - Hearing Level - Procedures | No | Not verified | |
| 336 | Department of Agriculture | Office of Executive Vice President | USDATTPP0028 - Hearing Level - Procedures | No | Not verified | |
| 337 | Department of Agriculture | Center for Veterinary Biologics | USDAVPAT0016 - Hearing Level - Procedures | No | Not verified | |
| 338 | Department of Commerce | Office of the Assistant Secretary for Export Administration | USDCBISA0002 - Hearing Level - Procedures | Not verified | ||
| 339 | Department of Commerce | United States Coast Guard Office of Administrative Law Judges | USDCBISF0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery may include: interrogatories, requests for admissions, and requests for production of documents in accordance with the Federal Rules of Civil Procedure. Additionally, upon a showing of good cause the ALJ will allow depositions. 15 CFR 766.9(c) | Verified |
| 340 | Department of Commerce | Office of the Director (Census) | USDCCENS0001 - Hearing Level - Procedures | Not verified | ||
| 341 | 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 |
| 342 | 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 |
| 343 | Department of Commerce | Grants Management Division | USDCDEBA0016 - Hearing Level - Procedures | No | Not verified | |
| 344 | 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 |
| 345 | 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 |
| 346 | Department of Commerce | Foreign-Trade Zones Board | USDCFTZB0005 - Hearing Level - Procedures | No | Verified | |
| 347 | 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 |
| 348 | 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 |
| 349 | Department of Commerce | Office of the Director (NIST) | USDCNIST0008 - Hearing Level - Procedures | No | Not verified | |
| 350 | Department of Commerce | National Appeals Office | USDCNNAO0013 - Hearing Level - Procedures | Yes (All Types of Cases) | "Parties shall exchange all exhibits that will be offered at the hearing at least 10 days before the hearing." 15 CFR 906.9(b) However, "[p]arties may not compel discovery or the testimony of any witness." 15 CFR 906.11(a)(7) | Not verified |
| 351 | 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 |
| 352 | Department of Commerce | Patent Trial and Appeal Board | USDCPATE0021 - Hearing Level - Procedures | Yes (Some Types of Cases) | For AIA trials see, 37 CFR 42.51, 42.224 For ex parte appeals, discovery is not permitted. | Verified |
| 353 | Department of Commerce | HUD Office of Administrative Law Judges | USDCPDIS0023 - Hearing Level - Procedures | Yes (All Types of Cases) | Apart from a pre-hearing statement to be issued prior to the hearing at the request of the hearing officer, a party may be entitled to reasonable and relevant discovery at the discretion of the hearing officer including: "[1] a reasonable number of written requests for admission or interrogatories; (2) Produce for inspection and copying a reasonable number of documents; and (3) Produce for inspection a reasonable number of things other than documents." See 37 CFR 11.52(a). Depositions may be taken for use at the hearing in lieu of the personal appearance of a witness upon a showing of good cause and approval of the hearing officer. See 37 CFR 11.51(a). | Verified |
| 354 | Department of Commerce | Office of the Secretary | USDCSECR0007 - Hearing Level - Procedures | No | Not verified | |
| 355 | Department of Commerce | Enforcement Section | USDCWARN0010 - Hearing Level - Procedures | No | Not verified | |
| 356 | United States Parole Commission | Commission | USPCCOMP0003 - Hearing Level - Procedures | Not verified | ||
| 357 | 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 |
| 358 | 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 |
| 359 | 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 |
| 360 | 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 |
| 361 | United States Postal Service | Office of the Administrative Law Judge | USPSJOAJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | ALJ determines based on requests of the parties. | Verified |
| 362 | United States Postal Service | Judicial Officer Department | USPSJODT0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery provided in 39 CFR Part 963. Informal discovery for 39 CFR Parts 961 and 966 as determined by the judge. No discovery for 39 CFR Part 965. | Verified |
| 363 | United States Postal Service | Office of the Judicial Officer | USPSJOJO0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Broad discovery; most case types allow for depositions and interrogatories, some case types also allow for requests for admission and requests for production of documents. Hearing officer can limit discovery to avoid inefficiency or harassment, and issue sanctions for failure to appear or produce information. See 39 CFR 952.21, 954.16(d), 957.18, 959.20, 962.12, 963.14 and 964.9 | Not verified |
| 364 | United States Postal Service | United States Postal Service Board of Contract Appeals | USPSPBCA0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is general broad, and can include depositions, interrogatories, admission of facts, and production of documents (See 39 CFR 955.15-16). | Verified |
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