Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Either
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):
29 CFR Part 1603, Subparts A & B
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.):
"Full" federal court-type discovery available as of right to parties. Discovery may include: interrogatories (up to 20); depositions; document requests; and requests for admission. Discovery proceedings are governed by the Federal Rules of Civil Procedure. (29 CFR 1603.210)
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
In-Person:
100%
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?:
No
Are hearings recorded and/or transcribed?:
Yes
Are hearings open to the public?:
No (Hearings Always Closed/All Types of Cases)
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Staff Attorney
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):
The ALJ shall issue a written decision within 270 days of referral of the complaint for hearing. (29 CFR 1603.217)
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:
225 Days
Is judicial review available after issuance of a final decision?:
Yes (All Types of Cases)
How are claims/cases processed at the hearing-level stage?:
First-In/First-Out Basis
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?:
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe:
Those EEOC appellate decisions on the appeals from the ALJ decision to the Office of Federal Operations are published.
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
Comments/Notes on Hearing-Level Process & Procedures (Optional):
EEOC regulations for formal adjudication also provide for: intervention by interested parties (at discretion of hearing officer); consolidation of matters/issues by hearing officer for common issues of fact or law; severance; motions to dismiss; and, interlocutory appeal of certain matters to the NSF Director upon certification of presiding officer. (See 29 CFR 1603.17, 1603.206, 1603.207, 1603.213)
Total # of Hearing Officers:
6
Is ADR available at one or more points during the hearing process?:
Yes
If "Yes," when is ADR available?:
Pre-Hearing
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Mediation
Arbitration
Other
If "Other," please specify::
EEOC regulations specify that the agency may use any ADR processes authorized by the Administrative Dispute Resolution Act, 5 USC 571 - 583. (29 CFR 1603.108)
Who conducts the ADR?:
Third-Party Neutral
Agency ADR Official
Regulations/rules of practice governing ADR process (please include CFR citations):
29 CFR 1603.108
Total # Cases Filed/Opened (FY2013):
5
Total # Cases Decided/Closed (FY2013):
4
Total # Cases Pending (End of FY2013):
1
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Verified by Agency:
Verified