Other Fields
Agency Scheme: 
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Legal Counsel
Name of Hearing Office (global name): 
Office of Navajo and Hopi Indian Relocation: Legal Counsel
Hearing Officer #1 (Title): 
Administrative Law Judge (ALJ)
Hearing Officer #2 (Title): 
Legal Counsel
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Adjudication scheme that provides administrative review for initial determinations by the ONHIR New Lands Manager relating to notices of violation, and imposition of civil penalties under the Archaeological Resources Protection Act of 1979. Matters reviewed may include: (a) violations of permit conditions relating to excavation or removal of archaeological resources from the New Lands or other prohibited actions under ONHIR regulations related to archaeological resources (such as selling or purchasing resources obtained without a permit); and (b) assessment of civil penalties.

*Note: ONHIR regulations, per ARPA, provide for hearings on civil penalty assessments by Administrative Law Judges (ALJ)s under 5 USC 554. (See 16 USC 470ff(c); 45 CFR 700.831(g)(3)). The ONHIR Management Manual also provides for hearings on notices of violation and penalty assessments by the ONHIR Legal Counsel.

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?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
25 CFR Part 700, Subpart R
Other published guidance for hearings (if any): 
ONHIR Management Manual (available on the agency website)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
In-Person
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?: 
No
Are hearings recorded and/or transcribed?: 
No
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): 
The ONHIR Management Manual specifies that the presiding officer should issue his/her decision within 3 days of the completion of the hearing. (ONHIR Management Manual, Section 1600).
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
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: 
No
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified