Which party (or parties) is/are permitted to file appeals with this office?:
Private Party
Are private parties permitted to have representation at appeal hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Either
Is the agency permitted to have representation at appeal hearings?:
No
Regulations/rules of practice for appeal hearings (please include CFR citations):
49 CFR 604.48 - 604.49
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?:
Yes (Some Types of Cases)
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
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?:
Yes (All Types of Cases)
If "Yes," please specify these time limit(s):
-49 CFR 604.48(b): "(b) If an appeal is filed [by a party], the Administrator reviews the entire record and issues a final agency decision based on the record that either accepts, rejects, or modifies the Chief Counsel's decision within 30 days of the due date of the reply. ..."
-49 CFR 604.49(a)(3): "(3) The Administrator issues a final agency decision and order within 30 days of the due date of the briefs on review [in appeals filed by the agency sua sponte]. ..."
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:
Yes (All Types of Cases)
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
Comments/Notes on Appellate Process & Procedures (Optional):
-The hearing level procedures permit the filing of complaints electronically. See 49 CFR 604.30(a). The appeal regulations do not. See 49 CFR 604.48(a) (stating that "[f]iling and service of appeals and replies shall be by personal delivery consistent with ยงยง 604.30 and 604.31").
Total # of Appeal Officers:
1
Verified by Agency:
Not verified