Other Fields
Agency Scheme: 
Appeal Level One
Appeals: Basic Structure
Appeal Office (local name): 
National Appeals Board
Appeal Officer #1 (Title): 
Are administrative appeals permitted from final decisions issued by this appellate office?: 
Comments/Notes on Adjudication Structure: 
Original Jurisdiction Cases: Cases that are designated as original jurisdiction cases under 28 CFR 2.17 are appealed under section 2.27. The hearing process is largely the same as the regular appeals process under 2.26, except that the hearing level decision can only be changed via a majority vote of the Commissioners holding office at the time of the review. 28 CFR 2.27(a).
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Regulations/rules of practice for appeal hearings (please include CFR citations): 
28 CFR 2.26
Other published guidance for appeal hearings (if any): 
Rules and Procedures Manual Sections 2.26-01 through 2.26-10
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
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?: 
Varies by Case
If "Varies by Case," please describe: 
Decisions to affirm the hearing level decisions may be based on a single vote of an NAB member, other than the Commissioner who voted on the original decision. If the first Commissioner does not vote to affirm, the case should be circulated for review, and any other action must be based on the concurrence of two out of three votes. Notwithstanding the first reviewing Commissioner's vote to affirm, he/she may circulate the case for additional votes if the issues are novel or complex or as may otherwise be appropriate. In this case, the final decision will be based upon two concurring votes. If two concurring votes are required and cannot be obtained, the case will be referred to the Regional Commissioner who made the initial decision to review and vote. If no two vote concurrence is obtained at this point, the original decision stands. 28 CFR 2.26(b)(1) and Rules and Procedures Manual Part 2.26-02
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?: 
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
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): 
Action must be taken by the NAB within 60 days of receipt of the appellant's papers.
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
Comments/Notes on Appellate Process & Procedures (Optional): 
The provisions covering the procedures for appeals to the NAB, under 2.26, do not address 3rd party submissions or amicus briefs, but the appeals process for original jurisdiction cases (referred to as "Petition for Reconsideration" under section 2.27) does allow for interested parties to submit written information concerning parolees' petitions.
Comments/Notes on Appellate Adjudicators (Optional): 
All Commissioners serve as members of the National Appeals Board.
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
Verified by Agency: 
Not verified