Other Fields
Agency Scheme: 
CFPBADJU0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administrative Adjudication
Name of Hearing Office (global name): 
Consumer Financial Protection Bureau: Office of Administrative Adjudication
Hearing Officer #1 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

It is CFPB's responsibility to enforce federal consumer financial law, which includes, among other things, the prohibition of unfair, deceptive, or abusive acts and practices in connection with consumer financial products and services. This adjudication scheme ensures and enforces compliance with such laws. The OAA hears formal charges and actions initiated by the CFPB based on alleged violations of federal statutes and regulations under the CFPB's jurisdiction.

An ALJ conducts a hearing and files a recommended decision. The recommended decision is sent to the Director and served upon the parties. Any party may file exceptions to the recommended decision within 10 days. Should neither party file exceptions, the Director will issue a final decision adopting the recommended decision, or order further briefing.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at 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 hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
12 CFR Part 1081
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
The Office of Enforcement, according to an order by the hearing officer, must make documents obtained by the office prior to the beginning of the administrative proceeding available to the respondent for inspection and copying. As well, each party must provide the other with a report prepared by each of its expert witnesses. See 12 CFR 1081.206, 1081.210. In addition, parties are able to request the issuance of document subpoenas.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
0%
In-Person: 
100%
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
By Agency
Required by Rule
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
Director
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
Recommended decision will be filed no later than 90 days after the deadline for filing post-hearing briefs; similarly a final decision will be filed no later than 90 days after the filing of reply briefs (if applicable). (EAJA application recommended decisions will be made within 60 days; the final decision will be made within 30 days of issuance of the recommended decision).
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Differentiated Case Management
Please briefly describe your case management practice(s) at the hearing level stage: 
Each case is assigned to an ALJ, who sets his or her own schedule depending on how complex the case is (e.g., motions, discovery).
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
12 CFR 1081.306(a)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
12 CFR 1081.304(c)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
It is CFPB's policy to conduct adjudicative hearings fairly and expeditiously. With the consent of the parties, the Director or hearing officer may shorten any time limit. See 12 CFR 1081.101. In keeping with CFPB's policy of efficiency, neither motions--except those to dismiss or for summary disposition--nor collateral attacks nor interlocutory appeals will generally result in a stay of the administrative proceedings. See 12 CFR 1081.205(h), 1081.118 Anytime between the close of the record and issuance of a recommended decision, the hearing officer may reopen the adjudicative proceeding for receipt of further evidence. See 12 CFR 1081.400(e) An oral hearing is held before an ALJ. See 12 CFR 1081.404 There is no "typical" notice or adjudication time frames because there have been too few adjudications to determine what is "typical."
ADJUDICATORS
Total # of Hearing Officers: 
0
Comments/Notes on Hearing-Level Adjudicators (Optional): 
CFPB borrows its ALJs from the Securities & Exchange Commission. Therefore, there are no ALJs that permanently preside within the OAA.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
1
Total # Cases Decided/Closed (FY2013): 
0
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