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):
14 CFR 1264.111-112
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.):
14 CFR 1264.120
The following types of discovery are authorized: (1) Requests for production of documents for inspection and copying; (2) Requests for admissions of the authenticity of any relevant document or of the truth of any
relevant fact; (3) Written interrogatories; and (4) Depositions.
The presiding officer may grant a motion for discovery only if he/she finds that the discovery
sought is necessary for the expeditious, fair, and reasonable consideration of the issues, will not be unduly burdensome, will not cause a delay, the information is not privileged.
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Are parties provided notice of hearing?:
Yes (All Types of Cases)
What types of hearings are permitted at the hearing-level stage?:
In-Person
How is the type of hearing selected:
By Agency
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Yes
Can parties cross-examine witnesses?:
Yes
Are hearings recorded and/or transcribed?:
Yes
Who typically drafts the decision at the hearing-level stage?:
Program Official
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):
The presiding officer shall promptly serve the initial decision on all parties within 90 days after
the time for submission of post-hearing briefs and reply briefs (if permitted) has expired or upon
notification that the record is now closed.
Is judicial review available after issuance of a final decision?:
Yes (All Types of Cases)
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
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:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
14 CFR 1254.135 states that there are 60 days to close the record after a hearing.
Comments/Notes on Hearing-Level Process & Procedures (Optional):
The agency does not permit e-filing of hearing documents and hearing decisions are not posted on the agency website. The agency doe not consider precedent in the administration of hearing decisions.
Verified by Agency:
Not verified