Other Fields
Agency Scheme: 
EPAOCORR0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Regional Offices
Name of Hearing Office (global name): 
Environmental Protection Agency: Regional Offices
Hearing Officer #1 (Title): 
Regional Administrator's Designee
Hearing Officer #2 (Title): 
Regional Judicial Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
PROCESS & PROCEDURE - General Information
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): 
40 CFR Part 24
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.): 
For cases where corrective measures are necessary the respondent may file no more than 25 questions, including parts and subparts, to the EPA. See 40 CFR 24.14(d). The Hearing Officer can direct which questions the EPA has to answer at his discretion. He also may request the production of relevant papers, books, and documents. See 40 CFR 24.14(e).
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All 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: 
Depends on Nature of Case/Claim
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
No
Can parties cross-examine witnesses?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
PROCESS & PROCEDURE - Post-Hearing Procedure
If "Other," please specify: 
The Regional Administrator is sent the recommended decision and then he issues the final decision based on the administrative record. See 40 CFR 24.18.
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?: 
Yes
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): 
40 CFR 24.03(b).
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Both the Regional Judicial Officer and Designee are appointed by the Regional Administrator to hear cases at the Regional Offices. The sole difference is that the Regional Judicial Officer is appointed to the position prior to a case and the Designee is chosen to hear a case by the Regional Administrator directly before the case. See 40 CFR 24.09.
ADR: General Information
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
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Settlement Conference
Regulations/rules of practice governing ADR process (please include CFR citations): 
40 CFR 24.07
Comments/Notes on ADR Process (Optional): 
"The respondent may request an informal settlement conference at any time by contacting the appropriate EPA employee, as specified in the initial administrative order. A request for an informal conference will not affect the respondent's obligations to timely request a hearing." 40 CFR 24.07. The "appropriate EPA employee" who is to take part in this conference is not directly specified.
Verified by Agency: 
Not verified