Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Attorney
About what percentage of private parties were represented at hearings (FY2013)?:
0.00%
Is the agency permitted to have representation at hearings?:
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations):
19 C.F.R. §§ 206.17(e), 207.7(e); 201.15(a); 210.34.
Other published guidance for hearings (if any):
An Introduction to APO Practice in Import Injury Investigations, http://www.usitc.gov/secretary/documents/pub3755.pdf http://www.usitc.gov/secretary/fed_reg_notices/rules/2013APOforCY2012_notice12242013sgl[1].pdf (a similar notice is published each year)
Is discovery permitted by either party at the hearing-level stage?:
No
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
Are ex parte contacts prohibited?:
No
Are parties provided notice of hearing?:
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?:
14 Days
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
Written (Document-Only) Hearing:
100%
How is the type of hearing selected:
By Agency
Required by Rule
Please describe:
For APO violation proceedings, the regulations do not specify a "hearing," but only indicate a "reasonable opportunity to present ... views," 19 C.F.R. §§ 206.17(e), 207.7(e), 201.15(a). The general hearing provisions in 19 C.F.R. Parts 201, 206, and 207 normally do not apply to such cases.
How many hearing officers preside at each hearing?:
Four or More
Is witness testimony permitted at hearings?:
No
If "Varies by Case," please describe:
In APO violation proceedings, the Secretary solicits the views of persons alleged to have committed a violation.
Can parties cross-examine witnesses?:
No
Can third-parties submit amicus briefs and/or evidence?:
Yes
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?:
N/A (Document-Only Hearings)
Are hearings open to the public?:
N/A (Document-Only Hearing)
Who typically drafts the decision at the hearing-level stage?:
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
How are claims/cases processed at the hearing-level stage?:
Other
Please briefly describe your case management practice(s) at the hearing level stage:
The staff attorney who handled the underlying investigation normally handles the APO violation proceeding.
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?:
No
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe:
Although final decisions on particular cases normally are not published, the Commission annually publishes a notice summarizing the APO violation proceedings. See, e.g., <http://www.usitc.gov/secretary/fed_reg_notices/rules/2013APOforCY2012_notice12242013sgl[1].pdf>.
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
Total # of Hearing Officers:
6
Is ADR available at one or more points during the hearing process?:
No
Total # Cases Filed/Opened (FY2013):
6
Total # Cases Decided/Closed (FY2013):
4
Total # Cases Pending (End of FY2013):
10
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Verified by Agency:
Verified