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
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations):
46 CFR 201.1 - 201.55, 201.161 - 201.185
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?:
By Agency
By Private Party
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?:
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?:
No
Are appeal hearings open to the public?:
Varies by Case
If "Varies by Case," please describe:
The regulations are unclear with respect to oral hearings. This question does not apply to document-only hearings.
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?:
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:
Yes (Some 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?:
Yes (Some Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
46 CFR 201.150
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
46 CFR 201.173 - 201.175
Comments/Notes on Appellate Process & Procedures (Optional):
-46 CFR 201.173 states that "the Administration may at any time reopen any proceeding under the regulation in this part for rehearing, reargument, or reconsideration in whole or in part."
-The provisions regarding recording of proceedings appear to apply only to those in which evidence is presented. See 46 CFR 201.147 (referring to transcripts of "testimony").
Total # of Appeal Officers:
1
Verified by Agency:
Not verified