Other Fields
Agency Scheme: 
ITCXALJS0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Administrative Law Judges
Name of Hearing Office (global name): 
United States International Trade Commission: Office of the Administrative Law Judges
Hearing Officer #1 (Title): 
Administrative Law Judge (ALJ)
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
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
About what percentage of private parties were represented at hearings (FY2013)?: 
100.00%
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): 
19 C.F.R. Part 210 (section 337 imports cases);
Other published guidance for hearings (if any): 
http://www.usitc.gov/secretary/fed_reg_notices/rules/
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.): 
Depositions, interrogatories, Requests for Production, ESI, Requests for Admissions, etc.
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)
How far in advance of the hearing date is notice typically provided?: 
150 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
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?: 
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?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
Section 337 unfair import practice cases: 4 months before target date. 19 C.F.R. § 210.42(a)(1)(i). Temporary relief requests (general): 70 or 120-day deadline after notice of investigation published. 19 C.F.R. § 210.66(a)-(b). Sanctions cases: 30 days after the Commission's determination, if the ALJ defers his adjudication of the sanctions motion until after issuing his initial determination. 19 C.F.R. § 210.25(f). Enforcing orders cases: 3 months before target date. 19 C.F.R. § 210.75(b)(3).
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
365 Days
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Other
Please briefly describe your case management practice(s) at the hearing level stage: 
ITC's Docket Services utilizes a case management structure in order to efficiently manage the information flow in EDIS (Electronic Documents Information System) and to facilitate the investigation and litigation process. Each ALJ has a case manager to handle the filings and info requests for all of their Section 337 investigations. See <http://www.usitc.gov/docket_services/>.
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)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
All decisions are place on the agency's Electronic Document Imaging System (EDIS). EDIS is accessible through the USITC website.
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): 
19 C.F.R. § 210.38
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): 
19 C.F.R. § 210.38(d); 210.40
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
COMMENT-Are ex parte contacts prohibited?: Applications for the issuance of subpoenas may be made ex parte. 19 C.F.R. § 210.32(e). All other contacts are prohibited under the Administrative Procedure Act. NOTE: If no appeal is taken, ALJ decisions become final agency decisions in 60 days for general section 337 unfair imports cases, see 19 C.F.R. § 210.42(h)(2), or in 45 days for enforcement determinations, § 210.75(b)(3). NOTE: ALJs retain the inherent authority to issue ground rules in the absence of a specific rule. See Int'l Trade Comm'n, Notice, Jun. 04, 2013, <http://www.usitc.gov/secretary/fed_reg_notices/rules/June4Notice.pdf>. NOTE: "ALJ Ground Rules" for each ITC ALJ are posted on the agency's unaffiliated trial lawyers' association website. See <http://www.itctla.org/resources/alj-groundrules/term/summary>. It is unknown if these ground rules are up-to-date.
ADJUDICATORS
Total # of Hearing Officers: 
6
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?: 
Mediation
Settlement Conference
Arbitration
Who conducts the ADR?: 
Third-Party Neutral
Agency Counsel
Regulations/rules of practice governing ADR process (please include CFR citations): 
19 C.F.R. §§ 210.21(b), 210.21(d); 210.35(a)(2)
Other published guidance on ADR process (if any):: 
Section 337 Mediation program: http://www.usitc.gov/intellectual_property/mediation.htm
Comments/Notes on ADR Process (Optional): 
The ITC has a comprehensive mediation program for section 337 disputes. Private parties may request participation in any section 337 case, and explicit confidentiality protections are in place.
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
To date in FY 2013, 28 parties in 13 investigations have sought mediation through the Section 337 Mediation program. See <http://www.usitc.gov/press_room/documents/featured_news/sec337factsupdate.pdf> (pg. 3). About 50 % of all investigations instituted at the USITC ultimately terminate based on settlements or consent orders. See <http://www.usitc.gov/press_room/documents/featured_news/sec337factsupdate.pdf> (pg. 3). These statistics appear to cover not only formal APA adjudication schemes, but also other agency adjudication schemes.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
39
Total # Cases Decided/Closed (FY2013): 
62
Total # Cases Pending (End of FY2013): 
41
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
Web address: 
http://pubapps2.usitc.gov/337external/
Verified by Agency: 
Verified