Other Fields
Agency Scheme: 
CRTRADJU0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Copyright Royalty Board
Name of Hearing Office (global name): 
Copyright Royalty Tribunal: Copyright Royalty Board
Hearing Officer #1 (Title): 
Copyright Royalty Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

All proceedings are heard by Copyright Royalty Judges. Administrative appeals are not available. However, if a party is unsatisfied with the determination made by the Copyright Royalty Judges, they may file a motion for rehearing.

Copyright Royalty Judges may decide sua sponte to determine issues on the sole basis of a filing of a written direct statement by the participant, the response by any opposing participant, and one additional response by each such participant. 17 U.S.C. § 803(b)(5).

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?: 
Attorney
Is the agency permitted to have representation at hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
37 CFR Part 351.1-.15
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.): 
Discovery varies depending on case type. For distribution proceedings, the Copyright Royalty Judge designates a 45 day period in which parties may request non-privileged documents related to written exhibits and testimony. See 37 CFR 351.6. In royalty rate proceedings, discovery includes requests for document production, depositions, and interrogatories. See 37 CFR 351.5.
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?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
The Copyright Royalty Judges in proceedings under this chapter may decide, sua sponte or upon motion of a participant, to determine issues on the basis of the filing of the written direct statement by the participant, the response by any opposing participant, and one additional response by each such participant. See 17 U.S.C. § 803(b)(5). In addition, in a proceeding to determine the distribution of royalties where the contested amount of a claim is $10,000 or less, the Copyright Royalty Judges shall decide the controversy on the basis of the filing of the written direct statement by the participant, the response by any opposing participant, and 1 additional response by each such party. See 17 U.S.C. § 803(b)(4).
How many hearing officers preside at each hearing?: 
Three
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted at in-person hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Witness cross-examination is permitted at in-person hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
The Copyright Royalty Judges will issue their determination within 11 months of the date of the post-discovery settlement conference or 15 days before the expiration of the existing rates or terms in a proceeding to determine successors to rates or terms that will expire on a specific date, whichever date first occurs. 37 CFR 352.2. Unless a motion for a rehearing is timely filed within 15 days, the determination by the Copyright Royalty Judges in a proceeding is final when it is issued. 37 CFR 352.3
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Are final decisions 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: 
Decisionmaking process is unknown.
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
37 CFR 351.13
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
37 CFR 351.12
ADJUDICATORS
Total # of Hearing Officers: 
3
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Mandatory
What type(s) of ADR are available?: 
Settlement Conference
Who conducts the ADR?: 
Other
If "Other," please specify:: 
Unknown. Regulations state that ADR should be held "outside the presence of the Copyright Royalty Judges." See 37 CFR 351.7.
Regulations/rules of practice governing ADR process (please include CFR citations): 
37 CFR 351.7
Verified by Agency: 
Not verified