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):
45 CFR 509.6; 45 CFR 508; 22 USC 1623(c)-(d) re discovery
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.):
The Commission has authority to order that testimony be taken by deposition. Any person may be compelled to appear and depose, and to produce books, papers, documents, records, correspondence and other evidence.
Are parties provided notice of hearing?:
Yes (All 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 Private Party
How many hearing officers preside at each hearing?:
Three
If "Varies by Case," please describe:
Ordinarily, the panel consists of two Commissioners and the Chairman. However, in the event that one or more of these individuals has left the Commission and a replacement has not yet been appointed, the remaining members will preside.
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
Witness testimony is permitted at in-person hearings. This question is N/A to document-only hearings.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Cross-examination is permitted at in-person hearings. This question is N/A to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
Only at Party Request
Discretion of Adjudication Officer(s)
Are hearings open to the public?:
Presumed Open (But May Be Closed Under Certain Conditions)
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?:
No
Is judicial review available after issuance of a final decision?:
No
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:
The Commission has made available on its website all decisions and orders from two of its active programs, the Albania Claims Program, and the Libya Claims Program. It has also posted two decisions from its third active program, the Iraq Claims Program. Decisions from past programs are not currently available via the agency website.
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
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified