Other Fields
Agency Scheme: 
LABRDFEC0007
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
OWCP Branch of Hearings and Review
Name of Hearing Office (global name): 
Department of Labor: OWCP Branch of Hearings and Review
Sub-Agency/Bureau/Division:: 
Office of Workers' Compensation Programs (OWCP)
Hearing Officer #1 (Title): 
Hearing Representative
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (Some Types of Cases)
Comments/Notes on Adjudication Structure: 

A claimant may request reconsideration or review of a staff decision by the Office of Workers' Compensation Programs (OWCP). The review may be a hearing conducted by a Hearing Representative in OWCP's Branch of Hearings and Review, or the claimant may appeal to the Employees' Compensation Appeals Board (ECAB). Under 20 CFR § 10.600, in certain circumstances the claimant may not have a choice.

The hearing is an informal process and the Hearing Representative is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by the APA. The Hearing Representative may conduct the hearing in such manner as to best ascertain the rights of the claimant. 20 CFR § 10.617(c)

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 10, Subpart G
PROCESS & PROCEDURE - Pre-Hearing Procedure
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.): 
Only in cases where a hearing is set under 20 CFR § 656.27(e). Depositions upon oral examination or written questions; written interrogatories; production of documents or other evidence for inspection and other purposes; and requests for admission. (29 CFR § 18.13)
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)
In-Person: 
100%
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
Initially, the claimant can choose between two formats: An oral hearing or a review of the written record. At the discretion of the hearing representative, an oral hearing may be conducted by telephone, teleconference, videoconference or other electronic means. (20 CFR § 10.615)
How many hearing officers preside at each hearing?: 
One
If "Varies by Case," please describe: 
The Chief ALJ may assign a case to a single BALCA ALJ or to a panel of three BALCA ALJs.
Is witness testimony permitted at hearings?: 
Adjudication Officer Discretion
If "Varies by Case," please describe: 
For oral 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?: 
Varies by Case
If "Varies by Case," please describe: 
For oral 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
If "Varies by Case," please describe: 
See 20 CFR § 725.361 allowing amicus briefs at the discretion of the ALJ (black lung cases).
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
If "Other," please specify (drafts): 
ALJ or BALCA panel member.
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
Director of OWCP unless appealed to the Employees' Compensation Appeals Board (ECAB). (20 CFR § 10.625)
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
If "Yes," please specify these time limit(s): 
Within 20 days of termination of the hearing. See 20 CFR §§ 702.348 and 725.476.
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Are final decisions published and/or posted on the agency website?: 
No
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 § 10.617
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): 
20 CFR § 10.617
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
The Wagner-Peyser Act, as amended by the Workforce Investment Act of 1998, provides grants to states for workforce investment activities, job training, and employment services. Cases involving alleged violation of Job Service regulations may be heard by ALJs. Decisions that involve decertification of a state agency may be appealed to the Administrative Review Board; otherwise the ALJ's decision is the Secretary's final decision in the matter. 20 CFR § 658.710(c)
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
Web address: 
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Selected_Statistics_FY_2014_Q4.pdf
Verified by Agency: 
Not verified