Other Fields
Agency Scheme: 
EPAOWITH0011
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administrative Law Judges
Name of Hearing Office (global name): 
Environmental Protection Agency: Office of Administrative Law Judges
Hearing Officer #1 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

The scheme does not allow for appeal.

One case type allows for a definition of Presiding Officer that allows it to be either an Administrative Law Judge or a Regional Judicial Officer. However, Regional Judicial Officers are an exception to the definition of Presiding Officer in 40 CFR 22.3 and does not fit this type of proceeding. Therefore the Hearing Officer will be an Administrative Law Judge.

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?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
40 CFR 123.64; 40 CFR Part 22; 40 CFR Part 305.
PROCESS & PROCEDURE - Pre-Hearing Procedure
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
This procedure incorporates the prehearing information exchange found in 40 CFR 22.19(a) into its own proceedings. This requires parties to share witness lists, summaries of expected testimony, and copies of all evidence that will be introduced at the hearing. Any other discovery requested for Superfund cases shall only be allowed upon a showing of good cause and order of the Hearing Officer. See 40 CFR 305.26(f)(4): "(4) The Presiding Officer shall issue an order for discovery only upon a showing of good cause and upon a determination: (i) That such discovery will not in any way unreasonably delay the proceeding; (ii) That the information to be obtained is not otherwise obtainable; and (iii) That such information has significant probative value."
Does the hearing officer have subpoena authority?: 
Yes (Some 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
Phone
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
Normally an in-person hearing, the Hearing Officer can decide to have the hearing by telephone in Superfund cases. 40 CFR 305.2(d).
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
No
Are hearings recorded and/or transcribed?: 
Yes
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Adjudication Officer
Other
If "Other," please specify: 
The Hearing Officer drafts the opinion in Superfund cases, in Clean Water Act cases the Administrator of the EPA must issue the final decision.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
The Administrator must issue the final decision within 60 days of certification of the record and filing of the Presiding Officer's recommended decision. 40 CFR 123.64(d)(8).
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
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 (Some Types of Cases)
If "Yes," please provide citation(s): 
40 CFR 123.64(d)(4)(ii).
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): 
In Clean Water Act cases, the final decision must be issued by the Administrator, but all the proceedings are undertaken by the hearing officer. In Superfund cases, the final order is filed with the hearing clerk so the Hearing Clerk may assess all of the costs of the proceeding against the Requestor if the hearing was frivolous. The Hearing Clerk than assesses the costs, which may be reviewed by the Hearing Officer on motion of the Requestor of the hearing. The Hearing Officer may uphold, reverse, or modify the action of the Hearing Clerk in assessing costs. See 40 CFR 305.36.
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The definition of Presiding Officer used for this scheme is found in 40 CFR 22.3(c) which allows for either an Administrative Law Judge or a Regional Judicial Officer as the hearing officer. However, Regional Judicial Officers are an exception to the definition of Presiding Officer in 40 CFR 22.3 and does not fit this type of proceeding. Therefore the Hearing Officer will be an Administrative Law Judge.
ADR: General Information
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?: 
Settlement Conference
Who conducts the ADR?: 
Agency Counsel
Regulations/rules of practice governing ADR process (please include CFR citations): 
123.64(b)(3)(E); 40 CFR 22.19(b)(1); 40 CFR 305.26(a)(1).
Comments/Notes on ADR Process (Optional): 
The regulations for this scheme include by reference pre-hearing conferences where settlement may be discussed. The Hearing Official can direct the parties or their representatives to have a prehearing conference to discuss matters including settlement of the case.
Verified by Agency: 
Not verified