Other Fields
Agency Scheme: 
DINTESAC0008
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Endangered Species Committee
Name of Hearing Office (global name): 
Department of the Interior: Endangered Species Committee
Hearing Officer #1 (Title): 
Member
Hearing Officer #2 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

A hearing must be held when the Secretary makes a positive finding for an exemption to the Endangered Species Act. The hearing is conducted by an administrative law judge appointed by the Secretary. The administrative law judge develops the record for a report that is submitted to the Endangered Species Committee, which decides whether to approve the exemption.

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?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
50 CFR 452, 453
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
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
How is the type of hearing selected: 
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
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Yes (Hearings Always Open/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
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?: 
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
The Secretary may establish time periods for closing the record. See 50 CFR 452.05(a)(3) When the Secretary is considering two or more related exemption applications, the Secretary may consider them jointly. Similarly, when the Secretaries of the Interior and Commerce are considering two or more related exemption applications, they may consider them jointly. See 50 CFR 452.09 When the Chairman or four Committee members decide that written submissions are necessary to enable the Committee to make its final determinations, the Chairman shall publish a notice in the Federal Register inviting written submissions from interested persons. As well, when the Chairman or four Committee members decide that oral presentations are necessary to enable the Committee to make its final determinations, a public hearing shall be held. See 50 CFR 453.04
ADJUDICATORS
Total # of Hearing Officers: 
7
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The Committee is composed of seven members: (1) The Secretary of Agriculture; (2) The Secretary of the Army; (3) The Chairman of the Council of Economic Advisors; (4) The Administrator of the Environmental Protection Agency; (5) The Secretary of the Interior; (6) The Administrator of the National Oceanic and Atmospheric Administration; and (7) a presidentially appointed individual from each affected state for which an application is being considered.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified