Other Fields
Agency Scheme: 
FTCAADJU0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Commission
Appeal Office (global name): 
Federal Trade Commission: Commission
Appeal Officer #1 (Title): 
Commissioner
Appeal Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
The Commission, as an appellate body, reviews Initial Decisions issued by ALJs (or individual Commissioners sitting as ALJs). Matters reviewed include Initial Decisions in: (a) administrative enforcement actions under various federal trade laws within the Commission's jurisdiction; and (b) adjudicative hearings in rulemaking proceedings under the Fair Packaging and Labeling Act. Review may be initiated either by: (a) any party filing a notice of appeal of the Initial Decision; (b) automatic review of cases in which the Commission sought or is seeking preliminary relief in a parallel federal court proceeding; or (c) on Commission's own motion. (16 CFR 3.52 - 3.53).
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
About what percentage of private parties were represented at hearings (FY2013)?: 
100.00%
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): 
16 CFR 3.52 - 3.56
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
In-Person: 
100%
How is the type of hearing selected for appeals heard by this office?: 
By Agency
How many appeal officers preside at each hearing?: 
Four or More
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (Some Types of Cases)
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
Yes
Are appeal hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
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?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
Timing requirement depends on type of case and whether oral argument is held. For cases in which the Commission sought or is seeking preliminary relief in a parallel federal court proceeding: timeframe for issuing Final Decision is (1) within 45 days after oral argument, or (2) within 45 days after the deadline for filing reply briefs, if no oral argument is held. For all other cases: timeframe for issuing Final Decision is (1) within 100 days after oral argument, or (2) within 100 days after the deadline for filing reply briefs, if no oral argument is held.
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
How are claims/cases processed at this appellate office?: 
Differentiated Case Management
Please briefly describe your case management practice(s) at this office: 
If the Commission sought or is seeking preliminary injunctive relief in a parallel federal court proceeding, the case proceeds on an accelerated timeframe: the parties must file their briefs sooner, the oral argument is held earlier, and the Final Decision is issued sooner.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Opinions are redacted for nonpublic information.
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): 
Under 16 C.F.R. 3.54, the Commission considers such parts of the record as are cited or may be necessary to resolve the issues presented. The Commission may also, in its discretion, request further information or additional views of the parties as to the form and content of the rule or order to be issued.
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): 
Review may be initiated either by: (a) any party filing a notice of appeal to the ALJ's Initial Decision; (b) automatic review of cases in which the Commission sought or is seeking preliminary relief in a parallel federal court proceeding; or (c) on Commission's own motion. (16 CFR 3.52 - 3.53).
ADJUDICATORS
Total # of Appeal Officers: 
5
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
1
Total # Cases Decided/Closed (FY2013): 
1
Total # Cases Pending (End of FY2013): 
1
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
Verified by Agency: 
Verified