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):
28 CFR 17.15, 17.47
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.):
The applicant may request documents, records or reports, including the entire investigative file upon which a denial or revocation is based. 28 CFR 17.47(a)(2).
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?:
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected:
By Private Party
How many hearing officers preside at each hearing?:
Three
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
This question is N/A for document-only hearings and the regulations allow for the presentation of documents and other relevant materials but do not specify whether witness testimony is permitted.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
This question is N/A for document-only hearings and the regulations allow for the presentation of documents and other relevant materials but do not specify whether witness testimony and cross-examination are permitted.
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
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
Total # of Hearing Officers:
3
Comments/Notes on Hearing-Level Adjudicators (Optional):
Any designations made by the Deputy Attorney General, the Assistant Attorney General for National Security, or the Assistant Attorney General for Administration must be approved by the Attorney General. 28 CFR 17.15(b).
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified