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)
Regulations/rules of practice for hearings (please include CFR citations):
39 CFR 3001
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.):
All discovery that is reasonably calculated to lead to admissible evidence during a noticed proceeding is allowed. See 39 CFR 3001.25
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?:
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected:
By Agency
Depends on Nature of Case/Claim
Please describe:
The presiding officer may permit the presentation of oral argument when in his/her opinion, time permits, and the nature of the proceedings, the complexity or importance of the issues of fact or law involved, and the public interest warrants hearing such argument. See 39 CFR 3001.36.
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
Witness testimony is permitted in in-person hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Witness cross-examination is permitted in in-person hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?:
Yes
Are hearings recorded and/or transcribed?:
Yes
Are hearings open to the public?:
Varies by Case
If "Varies by Case," please describe:
In-person hearings are presumed open (but may be closed under certain conditions). This question is not applicable to document-only hearings.
Do agency regulations or guidance provide time limits for issuance of final decisions?:
No
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?:
Yes
Are final decisions published and/or posted on the agency website?:
Yes (All Decisions)
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
Is ADR available at one or more points during the hearing process?:
Yes
If "Yes," when is ADR available?:
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Settlement Conference
Who conducts the ADR?:
Agency Counsel
Verified by Agency:
Not verified