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 31.1 - 31.38
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.):
Interrogatories, requests for production, requests for admissions and depositions. Unless the parties agree, discovery is available only as ordered by the ALJ upon motion. See 49 CFR 31.21(c). The ALJ authorizes discovery only when it satisfies/does not offend the conditions in 49 CFR 31.21(d)(3).
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Are parties provided notice of hearing?:
Yes (All Types of Cases)
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?:
Yes
Can third-parties submit amicus briefs and/or evidence?:
Yes
Are hearings recorded and/or transcribed?:
Yes
Are hearings open to the public?:
Presumed Open (But May Be Closed Under Certain Conditions)
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?:
Yes (All Types of Cases)
If "Yes," please specify these time limit(s):
49 CFR 31.37(c) - "The ALJ shall promptly serve the initial decision on all parties within 90 days after the time for submission of post-hearing briefs and reply briefs (if permitted) has expired . . . If the ALJ fails to meet the deadline contained in this paragraph, he or she shall notify the parties of the reason for the delay and shall set a new deadline."
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?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
49 CFR 31.35(b) - "The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed in the proceeding constitute the record for the decision by the ALJ and the Authority Head."
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):
-The official website for the Office of Hearings mentions 3 ALJs currently serving. See http://www.dot.gov/mission/administrations/administration/hearings. Additional ALJs may be "detailed" to the agency who do not serve within the Office, see 49 CFR 31.2.
Is ADR available at one or more points during the hearing process?:
Yes
If "Yes," when is ADR available?:
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Settlement Conference
Other
If "Other," please specify::
49 CFR 31.46 provides that offers of settlement or compromise may be made at any time, and it specifies which officials may make them on behalf of the agency depending on the stage of the case. An appropriate official is designated for all stages including during judicial review, but there is no provision for settlement before the initial administrative complaint is issued
Who conducts the ADR?:
Agency Program Official
Other
If "Other," please specify::
49 CFR 31.46 divides settlement authority among the reviewing official, the authority head and the Attorney General depending on the stage of the case.
Regulations/rules of practice governing ADR process (please include CFR citations):
49 CFR 31.46
Verified by Agency:
Not verified