Other Fields
Agency Scheme: 
DOTREMPL0019
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Secretary
Name of Hearing Office (global name): 
Department of Transportation: Office of the Secretary
Hearing Officer #1 (Title): 
Examiner
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

-The regulations governing this case type identify the hearing officer in these proceedings as the "examiner." They offer no detail as to his qualifications other than that he is designated by the Secretary and cannot have been involved in the events alleged or the investigation thereof. See 49 CFR 98.6. Since this examiner is designated by the Secretary, I list the Office of the Secretary as the hearing office.

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?: 
Attorney
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): 
49 CFR 98.4 - 98.9
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
-There is no express provision for discovery across all cases. Nevertheless, 49 CFR 98.7(c) states: "In a hearing under this part, the Federal Rules of Civil Procedure and Evidence do not apply. However, the examiner may make such orders and determinations regarding discovery . . . and similar matters the examiner deems necessary or appropriate to ensure orderliness in the proceedings and fundamental fairness to the parties."
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?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
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
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
-Private parties may waive the right to an oral hearing or be deemed to have waived it when they fail to file a timely request. See 49 CFR 98.5(b); 49 CFR 98.9. Obviously, in cases where no live hearing is held, there is nothing to open to the public. In cases where the former employee does timely request a hearing, the regulations are silent as to whether such hearings are open to the public.
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
-There is no express provision granting subpoena authority to the hearing officer. One could argue, however, that the examiner's authority to "make such orders and determinations regarding discovery . . . conduct of examination . . . and similar matters" as he deems necessary to ensure fundamental fairness could include subpoenas for documents, attendance at depositions or attendance at the hearing. See 49 CFR 98.7(c). -Despite the guarantee of fundamental fairness in the above section, the regulations do not expressly prohibit ex parte contact with the hearing officer.
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
-Again, in describing the examiner's qualifications, the regulations only state that he is designated by the Secretary and must not have been involved in the underlying allegations or the investigation thereof. See 49 CFR 98.6. There is no information regarding these hearing officers' other duties (if any) and their susceptibility to performance evaluation.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified