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):
22 CFR 1423, 1429, 1430
Is discovery permitted by either party at the hearing-level stage?:
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)
How far in advance of the hearing date is notice typically provided?:
60 Days
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?:
Yes
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?:
Yes (All Types of Cases)
If "Yes," please specify these time limit(s):
"[T]he Administrative Law Judge shall prepare the decision expeditiously." 22 CFR 1423.26
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:
200 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?:
Differentiated Case Management
Please briefly describe your case management practice(s) at the hearing level stage:
Cases involving similar issues that are before a federal court are delayed as are cases with witness availability impediments. Cases involving substantial financial or operational issues are given 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 1423.26(b)
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):
"The parties shall not be bound by the rules of evidence, whether statutory, common law, or adopted by court. Any evidence may be received, except that an Administrative Law Judge may exclude any evidence which is immaterial, irrelevant, unduly repetitious or customarily privileged." 22 CFR 1423.17
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
Who conducts the ADR?:
Agency ADR Official
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations):
22 CFR 1423.11
Total # Cases Filed/Opened (FY2013):
271
Total # Cases Decided/Closed (FY2013):
266
Total # Cases Pending (End of FY2013):
122
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Verified by Agency:
Verified