Other Fields
Agency Scheme: 
FMCOSHIP0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administrative Law Judges
Name of Hearing Office (global name): 
Federal Maritime Commission: Office of Administrative Law Judges
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Small Claims Officer, Special Dockets Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

If both parties consent, claims filed under Sect. 11(a) of the Shipping Act for $50,000 or less are adjudicated using a procedure conducted by a Small Claims Officer rather than an ALJ. 46 CFR 502.301.

Special Dockets Officers are sometimes assigned instead of ALJs to make determinations regarding applications for permission to refund or waive freight charges. 46 CFR 502.271.

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?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
46 CFR Part 502
Other published guidance for hearings (if any): 
http://www.fmc.gov/bureaus_offices/office_of_the_administrative_law_judges.aspx
PROCESS & PROCEDURE - Pre-Hearing Procedure
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.): 
Oral and written depositions, written interrogatories, production of documents, and requests for admission are all permitted under discovery.
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?: 
Written (Document-Only) Hearing
In-Person
Video
Phone
How is the type of hearing selected: 
By Agency
By Private Party
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
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)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
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
How are claims/cases processed at the hearing-level stage?: 
First-In/First-Out Basis
Please briefly describe your case management practice(s) at the hearing level stage: 
46 CFR 502.61(c) In the order instituting a proceeding or in the notice of filing of complaint and assignment, the Commission shall establish dates by which the initial decision and the final Commission decision will be issued. These dates may be extended by order of the Commission for good cause shown.
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 (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Decisions in formal adjudication proceedings are generally published on the agency's website. However, decisions in informal adjudication proceedings under 46 CFR Part 502, Subpart S, and special docket proceedings under 46 CFR 502.271 are generally not published.
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): 
46 CFR 502.169
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
46 CFR 502.163, 502.229, 502.230
ADJUDICATORS
Total # of Hearing Officers: 
2
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?: 
Mediation
Settlement Conference
Arbitration
Other
If "Other," please specify:: 
Ombuds Assistance: The most frequent ADR service requested is ombuds assistance. Professional staff help resolve disputes from a neutral, independent viewpoint. They review available information, help parties gather additional information, and may recommend solutions or discuss possible solutions with the parties. The parties determine whether to implement these recommendations.
Who conducts the ADR?: 
Third-Party Neutral
Agency Program Official
Agency ADR Official
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations): 
46 CFR 502.401-502.411
Other published guidance on ADR process (if any):: 
http://www.fmc.gov/resources/alternative_dispute_resolution_services.aspx
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
9
Total # Cases Decided/Closed (FY2013): 
14
Total # Cases Pending (End of FY2013): 
9
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
Verified by Agency: 
Verified