Which party (or parties) is/are permitted to file appeals with this office?:
Either
Are private parties permitted to have representation at appeal hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Attorney
Is the agency permitted to have representation at appeal hearings?:
Yes (All Types of Cases)
Who may serve as an agency representative?:
Attorney
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations):
28 CFR 76.36
What types of hearings are permitted on appeals adjudicated by this office?:
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)Written (Document-Only) Hearing:100%
How is the type of hearing selected for appeals heard by this office?:
Required by Rule
How many appeal officers preside at each hearing?:
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:
No
Can third-parties submit amicus briefs and/or evidence?:
No
Are appeal hearings recorded and/or transcribed?:
N/A (Document-Only Hearings)
Are appeal hearings open to the public?:
N/A (Document-Only Hearing)
Who typically drafts final decisions on appellate cases adjudicated by this office?:
Adjudication Officer
If "Yes," please specify these time limit(s):
The Attorney General must enter an order which adopts, affirms, modifies, or vacates the order from the hearing level within 30 days from the date of the filing of the request for review, otherwise the hearing level order becomes the final administrative decision.
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:
Yes (Some Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable:
If the final order determines that the respondent is subject to a civil penalty, he/she may file for judicial review, but there is no provision that the agency may appeal an order to vacate the hearing level decision.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?:
No
Are final decisions issued by this appellate office published and/or posted on the agency website?:
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:
No
Is ADR available at one or more points for appellate cases heard by this office?:
No
Verified by Agency:
Not verified