Other Fields
Agency Scheme: 
SECOOALJ0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administrative Law Judges
Name of Hearing Office (global name): 
Securities and Exchange Commission: Office of Administrative Law Judges
Hearing Officer #1 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

The Office of Administrative Law Judges adjudicates a wide variety of different cases. The cases in this scheme are heard by an Administrative Law Judge (ALJ). After hearing a case, the ALJ renders an initial decision that is appealable to the Commission. The Commission retains the right to review any decision on its own initiative without regard for whether an appeal has been filed.

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)
Regulations/rules of practice for hearings (please include CFR citations): 
17 CFR §§ 201.100
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
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?: 
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
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
ALJs have authority to issue initial decisions that become final if they are not appealed by a party or selected for review by the Commission.
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): 
In the order instituting the proceeding, the Commission will specify a time period in which the hearing officer's initial decision must be filed with the Secretary. The time period is determined on the basis of the nature, complexity, and urgency of the subject matter. See 17 CFR § 201.360(a)(2).
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
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?: 
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
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Settlement Conference
Who conducts the ADR?: 
Other
If "Other," please specify:: 
The hearing official (normally an ALJ) initially expresses his or her views on an offer of settlement. The division involved then presents the offer of settlement to the Commission with its recommendation (to accept or decline the offer). Normally only offers that are recommended to be accepted are presented to the Commission.
Regulations/rules of practice governing ADR process (please include CFR citations): 
17 C.F.R. § 201.240
Verified by Agency: 
Not verified