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):
34 CFR 668, Subpart G and Subpart H
Other published guidance for hearings (if any):
http://oha.ed.gov/filingprocedures.html
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.):
Depositions, interrogatories, and document requests are allowed.
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
Video
Phone
How is the type of hearing selected:
By Agency
By Private Party
Required by Rule
Depends on Nature of Case/Claim
Please describe:
The hearing type is selected in consultation with the parties in the matter and the Hearing Official.
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
Witness testimony is permitted in oral hearings (in-person, video, or telephone). This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Parties are able to cross-examine witnesses in oral hearings (in-person, video, or telephone). 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
N/A (Document-Only Hearings)
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?:
Yes (All Types of Cases)
If "Yes," please specify these time limit(s):
Varies by case.
Is judicial review available after issuance of a final decision?:
Yes (All Types of Cases)
How are claims/cases processed at the hearing-level stage?:
Differentiated Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?:
Yes
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?:
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
If "Yes," please provide citation(s):
Comments/Notes on Hearing-Level Process & Procedures (Optional):
Information on the percentages of each case type (in-person hearings, document-only hearings, etc.) not collected.
Total # of Hearing Officers:
4
Is ADR available at one or more points during the hearing process?:
No
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Verified by Agency:
Verified