Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Either
Regulations/rules of practice for hearings (please include CFR citations):
28 CFR 549.45-46
Other published guidance for hearings (if any):
http://www.bop.gov/policy/progstat/6010_003.pdf
Is discovery permitted by either party at the hearing-level stage?:
No
Are ex parte contacts prohibited?:
No
Are parties provided notice of hearing?:
Yes (All Types of Cases)
What types of hearings are permitted at the hearing-level stage?:
In-Person
Video
How is the type of hearing selected:
Depends on Nature of Case/Claim
Please describe:
Generally, the inmate appears in person but at the discretion of the hearing psychiatrist may appear via video-conference, but may not appear by teleconference. The hearing may be conducted via video-conference by a psychiatrist who is not physically located at the institution that currently houses the inmate. When the hearing is conducted via videoconference, the hearing is considered to be held at the location of the inmate, not the
location of the hearing psychiatrist.
The treating/evaluating psychiatrist (a required witness) may appear via video- or teleconference as necessary. Other witnesses may appear via video- and teleconference as necessary or may submit a written statement.
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
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?:
No
Is judicial review available after issuance of a final decision?:
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
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified