Other Fields
Agency Scheme: 
DOTRTOLL0015
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Joint Tolls Review Board
Name of Hearing Office (global name): 
Department of Transportation: Joint Tolls Review Board
Hearing Officer #1 (Title): 
Board Member
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

-33 CFR 403.1 vests the Joint Tolls Review Board with authority to hear complaints regarding the interpretation of the jointly established scheme of tariffs and tolls found in 33 CFR Part 402. The U.S. Code authorizes the creation of such a joint company at 33 U.S.C. 984(a), but neither the Code nor the regulations offer express details as to its composition or independent status.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Is the agency permitted to have representation at hearings?: 
No
Regulations/rules of practice for hearings (please include CFR citations): 
33 CFR 403.1 - 403.11
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.): 
33 CFR 403.9 permits the Board to convene prehearing conferences to discuss, inter alia, "(d) [t]he mutual exchange among the parties of documents and exhibits proposed to be submitted at the hearing." The Board also has authority to request discovery for itself. See 33 CFR 403.6 ("The Board may require further information, particulars or documents from any party").
Does the hearing officer have subpoena authority?: 
Yes (Some Types of Cases)
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?: 
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
In-Person: 
100%
How is the type of hearing selected: 
Required by Rule
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
The regulations require that a quorum of three Board members be present for hearings. See 33 CFR 403.5(d).
Is witness testimony permitted at hearings?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
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): 
-The only reference to witness testimony in the regulations is that "[t]he witnesses at the hearings shall be examined viva voce, but the Board may . . . [order] that any witness whose attendance ought, for some sufficient reason to be dispensed with, be examined before a member of the Board." 33 CFR 403.10(a). This language does not clarify whether examinations are ordinarily conducted by the parties or by the Board. There are no references to cross-examination or confrontation of witnesses. -Though the regulations state that notice of hearings may be published in the Federal Register, see 33 CFR 403.5(c), they do not state whether the hearings themselves are open to the public.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified