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?:
Either
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations):
4 CFR Parts 27 and 28
Other published guidance for appeal hearings (if any):
Guide to Practice Before PAB; Guide to Labor-Management Relations Practice Before the PAB
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)Written (Document-Only) Hearing:100%
How is the type of hearing selected for appeals heard by this office?:
Depends on Nature of Case/Claim
If "Depends on Nature of Case/Claim", please describe:
As the adjudicatory body, the PAB decides if oral argument is warranted.
*Only one appellate level matter was on PAB docket in FY 2013.
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?:
No
Can third-parties submit amicus briefs and/or evidence?:
Yes
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?:
Yes
N/A (Document-Only Hearings)
Are appeal hearings open to the public?:
Varies by Case
If "Varies by Case," please describe:
In-person hearings are presumed open. This question is not applicable to document-only hearings.
Who typically drafts final decisions on appellate cases adjudicated by this office?:
Adjudication Officer
Staff Attorney
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)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable:
Most cases: Generally all employment law matters; a few labor matters are not judicially reviewable.
How are claims/cases processed at this appellate office?:
First-In/First-Out Basis
Please briefly describe your case management practice(s) at this office:
Presumptively first-in/first-out. Particular situation or competing demands on Board members may call for different plan.
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:
Decisions are posted on PAB website rather than on GAO's website: www.pab.gao.gov
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):
4 C.F.R. § 28.59; C.F.R. § 28.63; 4 CFR § 28.87(g)
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):
See 4 C.F.R. §§28.57, 28.63, 28.87(g).
Comments/Notes on Appellate Process & Procedures (Optional):
Discrimination cases heard by PAB Administrative judges are appealable to full Board and then to Federal Circuit. If an employee files suit in Federal District Court on the same cause of action pending before the PAB, the Board proceeding is terminated. 4 C.F.R. §28.101.
While electronic filing is now permitted, it must be supplement/followed up with hard copy submission.
Is ADR available at one or more points for appellate cases heard by this office?:
Yes
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Mediation
Settlement Conference
If "Other," please specify::
ADR is an option at all stages of a proceeding before the Board on a voluntary basis.
Who conducts the ADR?:
Third-Party Neutral
Other published guidance on ADR process (if any)::
Guidelines for Mediation of Disputes at PAB; Practice Guide to Mediation at PAB
Total # Cases Filed/Opened (FY2013):
1
Total # Cases Decided/Closed (FY2013):
0
Total # Cases Pending (End of FY2013):
1
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.:
Anecdotal descriptions of cases pending before PAB are provided on calendar year basis in the Board's Annual Report, which can be found at www.pab.gao.gov.
Verified by Agency:
Verified