Other Fields
Agency Scheme: 
DOTRFMCS0004
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of the Assistant Administrator & Chief Safety Officer
Appeal Office (global name): 
Department of Transportation: Office of the Assistant Administrator & Chief Safety Officer
Appeal Officer #1 (Title): 
Assistant Administrator & Chief Safety Officer
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
PROCESS & PROCEDURE - General Information
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?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for appeal hearings (please include CFR citations): 
49 CFR 386.62 - 386.63
Other published guidance for appeal hearings (if any): 
http://www.fmcsa.dot.gov/about/offices/cc/adjudications/adjudications.aspx
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
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
Are appeal hearings recorded and/or transcribed?: 
No
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
-In those appeals where the Assistant Administrator does not request oral argument, there is no hearing to open to the public. For those cases where such arguments are held, the regulations are silent as whether the public may view the proceedings. See 49 CFR 386.62.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Who has authority to issue 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?: 
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
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?: 
Yes (All Decisions)
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
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
-Appeals usually involve review of written record and any briefs filed; however, oral argument may be permitted "on order of the Assistant Administrator." See 49 CFR 386.62(e). The regulations do not state that oral arguments are recorded.
ADJUDICATORS
Total # of Appeal Officers: 
1
Verified by Agency: 
Not verified