Other Fields
Agency Scheme: 
DOJXBOPD0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Bureau of Prisons
Name of Hearing Office (global name): 
Department of Justice: Bureau of Prisons
Hearing Officer #1 (Title): 
Disciplinary Hearing Officer ("DHO")
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

While the hearing office is physically located at the institution at which each inmate is held, the hearing office for the purposes of this study is the Bureau of Prisons, as that is the agency which directly oversees these facilities and the proceedings described.

Inmates are permitted to select a staff representative of their choice, so long as that person was not a victim, witness, investigator, or otherwise signification involved in the incident. If the inmate's request cannot be fulfilled but the inmate still requests representation, the Warden will appoint a representative. 28 CFR 541.8(d).

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): 
28 CFR 541.5 - 541.8
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
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?: 
No
If "Varies by Case," please describe: 
Only the DHO may directly question witnesses at the DHO's hearing. Any questions by an inmate or his/her staff representative must be submitted to the DHO, who will present the question to the witness in his/her discretion. 28 CFR 541.8(f)(5).
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
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?: 
No
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
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The DHO will be an impartial decision maker who was not a victim, witness, investigator, or otherwise significantly involved in the incident.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified