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?:
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):
7 CFR 1.145
Other published guidance for appeal hearings (if any):
Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary (dated April 2005) (available on USDA website).
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
If "Depends on Nature of Case/Claim", please describe:
Any party may request oral argument. The decision whether to grant, deny, or limit oral argument lies within the sole discretion of the Judicial Officer. (7 CFR 1.145(d))
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?:
Discretion of Adjudication Officer(s)
N/A (Document-Only Hearings)
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)
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?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
7 CFR ยง 1.146(a)(3)
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