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?:
N/A (e.g., Agency Not Party to Hearing)
Are ex parte contacts prohibited?:
No
Regulations/rules of practice for appeal hearings (please include CFR citations):
40 CFR 31.75 - 31.77
What types of hearings are permitted on appeals adjudicated by this office?:
Written (Document-Only) Hearing
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?:
No
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):
Review Officials must issue a written decision within 45 calendar days of the filing of a review request by the applicant/grantee. (40 CFR 31.77(b))
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:
No
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
Comments/Notes on Appellate Process & Procedures (Optional):
Scope of Review: The only basis for review of a Dispute Deciding Official's decision is a "clear and prejudicial error of law, fact, or application of agency policy in deciding the Appeal." (40 CFR 31.75(b))
Efiling: Electronic filing of appeal documents is by email only, rather than an Internet-based efiling process.
Total # of Appeal Officers:
1
Is ADR available at one or more points for appellate cases heard by this office?:
No
Verified by Agency:
Not verified