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):
10 CFR Part 590
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.):
What type and how discovery is conducted may be determined by the parties or by the Assistant Secretary/Presiding Official. Among other things, discovery includes written interrogatories, depositions, and production of documents. The discovery is rather informal. See 10 CFR 590.305, 590.307, 590.310
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?:
In-Person
How is the type of hearing selected:
By Agency
By Private Party
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?:
No
Are hearings recorded and/or transcribed?:
Yes
Do agency regulations or guidance provide time limits for issuance of final decisions?:
No
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
Comments/Notes on Hearing-Level Process & Procedures (Optional):
The Assistant Secretary may determine to use additional procedures (e.g., filing supplemental written comments, written interrogatories, a conference, oral presentation, trial-type hearing). In such instances, he or she will notify the parties with respect to those additional procedures. See 10 CFR 590.206, 590.310
A state commission may intervene and become a party to the proceeding. See 10 CFR 590.303
Oral presentations, when they occur, are conducted in an informal manner with the Assistant Secretary/Presiding Official and other decisional employees presiding as a panel. Cross-examination is not available during oral presentations, but the presentations are recorded and included in the record. See 10 CFR 590.312
The Assistant Secretary/Presiding Official may consolidate any proceedings in whole or in part. See 10 CFR 590.313
A party may file an application for rehearing, which may be granted, with or without additional proceedings, or denied. See 10 CFR 590.501, 590.503
Comments/Notes on Hearing-Level Adjudicators (Optional):
The Assistant Secretary may designate a presiding official to conduct any stage of the proceeding with the full authority of the Assistant Secretary during such proceedings. See 10 CFR 590.314
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified