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):
5 CFR 1422
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.):
"Two (2) copies of documentary evidence shall be submitted and a copy furnished to each of the other parties." 22 CFR 1422.11(a)
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Are parties provided notice of hearing?:
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?:
30 Days
What types of hearings are permitted at the hearing-level stage?:
In-Person
How is the type of hearing selected:
Required by Rule
Please describe:
Hearings are required when there is a question of representation and material issues of fact in dispute.
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?:
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?:
Yes
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?:
Yes (Some Types of Cases)
How are claims/cases processed at the hearing-level stage?:
Differentiated Case Management
Please briefly describe your case management practice(s) at the hearing level stage:
Election cases receive the highest priority.
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?:
Yes (All Decisions)
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):
22 CFR 1422.15
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):
"Hearings under this section are considered investigatory and not adversary. Their purpose is to develop a full and complete factual record. The rules of relevancy and materiality are paramount; there are no burdens of proof and the technical rules of evidence do not apply." 22 CFR 1422.9(b)
Total # of Hearing Officers:
50
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
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Mediation
Settlement Conference
Who conducts the ADR?:
Agency Counsel
Regulations/rules of practice governing ADR process (please include CFR citations):
22 CFR 1422.12(g)
Comments/Notes on ADR Statistics (Optional):
We had no Foreign Service REP cases in FY 13 and thus no ADR. The reason for this is that the Foreign Service bargaining units are well-established and stable and have generated few if any cases over the last 10 years.
Total # Cases Filed/Opened (FY2013):
0
Total # Cases Decided/Closed (FY2013):
0
Total # Cases Pending (End of FY2013):
0
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Verified by Agency:
Verified