Other Fields
Agency Scheme: 
HHSONIOS0002
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
NIOSH Advisory Board
Appeal Office (global name): 
Department of Health and Human Services: NIOSH Advisory Board
Sub-Agency/Bureau/Division:: 
Centers for Medicare and Medicaid
Appeal Officer #1 (Title): 
Board Member
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?: 
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): 
45 C.F.R. 147 et. seq.
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
In-Person
How is the type of hearing selected for appeals heard by this office?: 
By Agency
Required by Rule
Depends on Nature of Case/Claim
How many appeal officers preside at each hearing?: 
Three
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (All Types of Cases)
Can third-parties submit amicus briefs and/or evidence?: 
No
Are appeal hearings recorded and/or transcribed?: 
Yes
Are appeal hearings open to the public?: 
No (Hearings Always Closed/All Types of Cases)
If "Varies by Case," please describe: 
Appeal hearings are closed during oral hearings.
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?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
The Board publishes its decisions online.
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?: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
45 C.F.R. 147 et. seq.
ADJUDICATORS
Total # of Appeal Officers: 
12
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
If "Other," please specify:: 
http://www.hhs.gov/dab/divisions/adr/index.html
Verified by Agency: 
Not verified