Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Non-Attorney
Is the agency permitted to have representation at hearings?:
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations):
43 C.F.R. Part 4, Subpart G
Is discovery permitted by either party at the hearing-level stage?:
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)
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected:
By Agency
Please describe:
The Director or the Ad Hoc Appeals Board may direct a hearing on the entire matter or specified portions thereof, may decide the appeal forthwith upon the record already made, or may make other disposition of the case. Upon request and for good cause shown, the Director or an Ad Hoc Appeals Board may grant an opportunity for oral argument. Any hearing on such appeals shall be conducted by the Ad Hoc Appeals Board or a member or members thereof, or by an administrative law judge of the Office of Hearings and Appeals and shall be governed insofar
as practicable by the regulations applicable to other hearings under this part. 43 C.F.R. 4.704.
How many hearing officers preside at each hearing?:
Varies by Case
If "Varies by Case," please describe:
May be the Director or may be an Ad Hoc Appeals Board with more than one hearing officer.
Is witness testimony permitted at hearings?:
Adjudication Officer Discretion
Can parties cross-examine witnesses?:
Adjudication Officer Discretion
Can third-parties submit amicus briefs and/or evidence?:
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?:
Yes
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?:
No
Is judicial review available after issuance of a final decision?:
Yes (All Types of Cases)
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?:
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?:
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
Comments/Notes on Hearing-Level Process & Procedures (Optional):
Procedures are not well defined.
Total # of Hearing Officers:
1
Verified by Agency:
Not verified