Other Fields
Agency Scheme: 
LABRATOM0008
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
OWCP Final Adjudication Branch
Name of Hearing Office (global name): 
Department of Labor: OWCP Final Adjudication Branch
Sub-Agency/Bureau/Division:: 
Office of Workers' Compensation Programs (DEEOIC)
Hearing Officer #1 (Title): 
Hearing Representative
Hearing Officer #2 (Title): 
Final Adjudication Branch Manager
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Compensation and medical benefits for employees, and their survivors, of the Department of Energy, its contractors and subcontractors, atomic weapons employers, beryllium vendors, uranium workers, and certain others, who suffer from cancer and certain other illnesses incurred in the performance of duty. A claimant who objects to the recommended decision of the Office of Workers' Compensation Programs may request a hearing by the Final Adjudication Branch (FAB) of the Division of Energy Employees Occupational Illness Compensation Programs (DEEOIC). A claimant may request reconsideration by the FAB, but no further administrative appeal is available. However, a claim may be reopened and returned to the FAB for a new final decision, provided the claimant submits new evidence or a change in the "probability of causation" guidelines or other standards for coverage (20 CFR § 30.320).

Under 20 CFR §30.314(c), the hearing is an informal process intended to best ascertain the rights of the claimant. The reviewer is not bound by common law, statutory rules of evidence, or formal rules of procedure.

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?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
20 CFR Part 30, Subpart D
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
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?: 
30 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Video
Phone
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
50%
In-Person: 
15%
Video: 
20%
Phone: 
15%
How is the type of hearing selected: 
By Agency
Depends on Nature of Case/Claim
Please describe: 
Under 20 CFR § 30.314(a), the FAB reviewer has the discretion to conduct the hearing by telephone or teleconference. The FAB reviewer will consider the written record and any additional evidence and/or argument submitted by the claimant. The reviewer may also conduct whatever investigation is deemed necessary.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
For in-person hearings, witness testimony is at the discretion of the hearing officer. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Adjudication Officer Discretion
If "Varies by Case," please describe: 
For in-person hearings, cross-examination is at the discretion of the hearing officer. This question is not applicable to document-only hearings.
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?: 
Varies by Case
If "Varies by Case," please describe: 
Hearings are closed. The claimant may invite outside parties, but must provide written attestation that the outside parties are allowed. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Program Official
If "Other," please specify (drafts): 
For reviews of the written record, claims examiners in the FAB may draft some final decision, but all final decisions are signed by hearing representatives.
Who has authority to issue final decisions?: 
Adjudication Officer
If "Other," please specify: 
FAB Chief, Director of DEEOIC.
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): 
20 CFR § 30.316(c) provides that any recommended decision pending either a hearing or a review of the written record for more than one year from the date the FAB receives a written statement from the claimant objecting to the recommended decision, or requesting a hearing, shall be considered a final decision of the FAB on the one-year anniversary of such date. The program also has operational plan goals for issuance of hearing decisions within 175 days of the recommended decision and reviews of the written record within 75 days.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
75 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?: 
First-In/First-Out Basis
Please briefly describe your case management practice(s) at the hearing level stage: 
We measure timeliness at the hearing level stage from the date of the recommended decision. Depending on the type of objection, the measures change. As soon as a request for a hearing or review of the written record is received, that case will move forward. However, when in-person hearings are requested, the Division will hold onto the cases long enough to have several hearings in one location during the same week.
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?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
The agency is moving towards having the capability for a claimant or authorized representative to upload documents directly into the case file. Full implementation is expected in FY15. Only precedent-setting decisions are published on the web site at this point.
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): 
20 CFR § 305(a) requires consideration of the factual and medical evidence of record, the dose reconstruction report calculated by the Dept. of HHS (if any), any report submitted by the Dept. of Energy, and the result of any investigation by the Office of Workers' Compensation Programs. 20 CFR § 30.314(d) requires recording and transcription of testimony at hearings to be placed in the record.
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
If "Yes," please provide citation(s): 
20 CFR § 10.617
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
A claimant may request reconsideration by the FAB, but no further administrative appeal is available. However, a claim may be reopened and returned to the FAB for a new final decision, provided the claimant submits new evidence or a change in the "probability of causation" guidelines or other standards for coverage (20 CFR § 30.320).
ADJUDICATORS
Total # of Hearing Officers: 
50
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
If "Varies by Case," please describe:: 
For all case types subject to 29 CFR Part 18 hearing procedures (those case types reviewable by the Administrative Review Board), 29 CFR § 18.9(e) provides a voluntary settlement judge procedure. Certain cases under 29 CFR Part 35 (Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance from DOL) have a mandatory referral by the DOL Civil Rights Center to the Federal Mediation and Conciliation Service for mediation under 29 CFR § 35.32.
If "Other," please specify:: 
A "settlement judge" appointed by the Chief Administrative Law Judge under 29 CFR § 18.9 must be an active or retired ALJ who is not the ALJ assigned to hear and decide the case. Federal Mediation and Conciliation Service mediators conduct the ADR for age discrimination cases referred to FMCS for mediation under 29 CFR § 35.32.
Regulations/rules of practice governing ADR process (please include CFR citations): 
29 CFR § 18.9(e) -- Settlement judge procedure. 29 CFR § 35.32 -- Mediation of certain age discrimination cases.
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://www.foreignlaborcert.doleta.gov/pdf/PERM_Selected_Statistics_FY_2014_Q4.pdf
Verified by Agency: 
Verified