Agency:
Scheme Nickname:
ALJ Hearings in the Bureau of Industry and Security
This adjudication scheme allows for formal hearings in front of administrative law judges for several types of sanctions that may be issued pursuant to the Export Administration Act and the Export Administration Regulations. There is an appeal allowed for certain case types to the Under Secretary of the Bureau of Industry and Security.
NOTE: The ALJs used for this scheme are actually employed by the Coast Guard as the Department of Commerce does not itself have any ALJs.
Comments/Notes on Adjudication Structure:
The Bureau of Industry and Security, as well as several other subagencies in the Department of Commerce, uses Coast Guard administrative law judges to adjudicate at the hearing level in formal proceedings that require an ALJ.
However, the decisions are still made pursuant to BIS regulations and are appealed to the Under Secretary of BIS; the Coast Guard simply provides ALJs for the Department.
Types of Adjudication:
Type A
Other Comments:
This scheme also provides for review of Fastener Quality Act hearings, which are nominally under the control of the National Institute of Standards and Technology. However, the Secretary of Commerce delegated authority to hear these proceedings to the Under Secretary for Export Administration in BIS, and the same adjudicative structure applies to FQA hearings.
Verified by Agency:
Verified
Is this a Major Adjudication:
Yes