Other Fields
Agency Scheme: 
ONHIRBEN0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Executive Director
Name of Hearing Office (global name): 
Office of Navajo and Hopi Indian Relocation: Office of the Executive Director
Hearing Officer #1 (Title): 
Executive Director
Hearing Officer #2 (Title): 
Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal adjudication scheme that provides administrative review for (a) initial determinations by ONHIR relating to eligibility, benefits, and other matters arising from implementation of statutory program to settle land conflict between the Navajo and Hopi Indian Tribes under Pub. Law 93-531 (Act of December 22, 1974). Most appeals are filed by or on behalf of Navajos or Hopis who apply for Relocation Housing Benefits and are denied by the ONHIR Certifying Officer (i.e., the agency's first-line decisionmaker); and (b) initial determinations by ONHIR New Lands Manager concerning permits on New Lands for excavation or removal of archaeological resources.

*Note: The position of Commissioner has been vacant for several years. Pursuant to the ONHIR Management Manual, the Executive Director has delegated authority to issue final decisions. Accordingly, the Executive Director is listed above as "Hearing Officer #1." "Hearing Officer #2" listed above is a general reference to whomever is designated by the Executive Director (or Commissioner) to preside over hearings and issue recommended decisions.

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?: 
Attorney
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, Subparts L, M, N, P, Q & R
Other published guidance for hearings (if any): 
ONHIR Management Manual (Rev. July 2011) (available on agency website)
PROCESS & PROCEDURE - Pre-Hearing Procedure
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.): 
Applicants have a right to review ONHIR evidence produced relative to the challenged initial determination. The presiding officer may also permit depositions. Otherwise, regulations do not describe the scope of discovery, other than noting that "the scope of pre-hearing discovery of evidence shall be limited to relevant matters as determined by the Presiding Officer." (25 CFR 700.313(a)(3), (b)(4))
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
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?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Applicants who disagree with the agency's initial determination may appeal to the Executive Director. All applicants are entitled to a hearing before a Hearing Officer; however, that hearing may either be a "paper" hearing (on the record) or an oral, evidentiary hearing at the discretion of the Hearing Officer.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
If evidentiary hearings are conducted, witness testimony is permitted. Otherwise, not applicable for document-only (paper) hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If evidentiary hearings are conducted, cross-examination of witnesses is permitted. Otherwise, not applicable for document-only (paper) hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Other
If "Other," please specify (drafts): 
If an evidentiary hearing is held, the Hearing Officer issues a recommended decision to the Executive Director (or Commissioner). The Executive Director then reviews that decision and the hearing record and issues his/her final decision.
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
The Executive Director (or Commissioner) has the authority to issue final decisions.
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 Executive Director is required to issue his/her final decision within 30 days of receiving the hearing officer's recommended decision.
Is judicial review available after issuance of a final decision?: 
Yes (Some 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: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
The hearing officer is required to hold the record open for submission of evidence not longer than 14 days after completion of an evidentiary hearing.
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The ONHIR Management Manual notes that Hearing Officers are independent attorneys that the agency contracts with to hear the case. (See ONHIR Management Manual, p. 10)
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Verified