Is the agency permitted to have representation at hearings?:
No
Regulations/rules of practice for hearings (please include CFR citations):
49 CFR 605.30 - 605.35
Are parties provided notice of hearing?:
Yes (Some 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
Can third-parties submit amicus briefs and/or evidence?:
Yes
Are hearings recorded and/or transcribed?:
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?:
Varies by Case
If "Varies by Case," please describe:
-Evidentiary hearings are held at the Administrator's discretion. See 49 CFR 605.32. Regulations do not specify whether these hearings are open to the public.
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 (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe:
-A small number of decisions are posted on the agency's website: http://www.fta.dot.gov/legislation_law/12923_8724.html.
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 605.33(a): "After reviewing the results of such investigation, including hearing transcripts, if any, and all evidence submitted by the parties, the Administrator will make a written determination as to whether the respondent has engaged in school bus operations in violation of the terms of the agreement."
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):
- The process specified by 49 CFR Part 605 is more inquisitorial than adversarial. No agency representative is present beyond the decisionmaker.
-49 CFR 605.33(a) states that the Administrator makes his final determination "[a]fter reviewing the results of [the] investigation, including hearing transcripts, if any, and all evidence submitted by the parties."
Total # of Hearing Officers:
1
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified