Other Fields
Agency Scheme: 
DINTDEPT0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Departmental Cases Hearings Division
Name of Hearing Office (global name): 
Department of the Interior: Departmental Cases Hearings Division
Sub-Agency/Bureau/Division:: 
Office of Hearings and Appeals
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: 

Appeals may be heard by IBLA or IBIA, depending on the subject matter.

General rules relating to procedure and practice are found at 43 CFR Part 4, Subpart B.

Special procedures may apply in particular proceedings (e.g., 43 CFR Part 4, Subpart D - Determinations of Heirs under the White Earth Reservation Land Settlement Act of 1985; 43 CFR Part 4, Subpart E - Special Rules Applicable to Public Land Hearings and Appeals; 43 CFR Part 4, Subpart F - Implementation of the Equal Access to Justice Act in Agency Proceedings; 43 CFR Part 4, Subpart L - Special Rules Applicable to Surface Coal Mining Hearings and Appeals).

Decisions at: http://www.oha.doi.gov:8080/index.html/

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
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): 
43 CFR Part 4, Subparts A and B
Other published guidance for hearings (if any): 
http://www.doi.gov/oha/dchd/dchd_regs.cfm
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.): 
Witnesses, application for subpoena
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: 
By Agency
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Adjudication Officer Discretion
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
If "Varies by Case," please describe: 
Parties must request limited disclosure of confidential information under 43 C.F.R. 4.31.
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?: 
No
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
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): 
43 C.F.R. 4.24
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
Verified by Agency: 
Not verified