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):
14 CFR 17
Other published guidance for hearings (if any):
http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc70/media/Standing%20Order%202013%20-%20Filing%20by%20Email.pdf
http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc70/odra_process/media/ODRA_Guide.pdf
http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc70/odra_process/media/Frequently%20Asked%20Questions.pdf
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.):
The parties may engage in discovery only at the discretion of the judge. Depositions are permitted at the discretion of the judge. The use of interrogatories and requests for admission is not permitted.
Are ex parte contacts prohibited?:
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 Agency
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Yes
Can parties cross-examine witnesses?:
Yes
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?:
Yes (All Types of Cases)
Are final decisions published and/or posted on the agency website?:
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
14 C.F.R. § 17.21(i)(6).
14 C.F.R. § 17.33(k)
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):
Electronic filing of documents is permitted in contract dispute cases but is not allowed in protest cases.
Is ADR available at one or more points during the hearing process?:
Yes
If "Yes," when is ADR available?:
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Mediation
Arbitration
Other
If "Other," please specify::
Neutral Evaluation
Who conducts the ADR?:
Agency Program Official
Regulations/rules of practice governing ADR process (please include CFR citations):
14 C.F.R. § 17.3
Other published guidance on ADR process (if any)::
https://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc70/odra_process/media/ODRA_Guide.pdf
Comments/Notes on ADR Process (Optional):
ADR is a cornerstone of ODRA and parties are free to choose their own third party neutral or they may make use of the judges within the office.
Total # Cases Filed/Opened (FY2013):
763
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
Yes
Verified by Agency:
Not verified