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?:
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations):
7 CFR pt. 900. Specialized rules for certain agricultural products set forth in subparts (see 7 CFR 900.20 - 900.43).
Is discovery permitted by either party at the hearing-level stage?:
No
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
In-Person:
100%
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?:
Adjudication Officer Discretion
Can third-parties submit amicus briefs and/or evidence?:
Yes
Are hearings recorded and/or transcribed?:
Yes
Are hearings open to the public?:
Yes (Hearings Always Open/All Types of Cases)
Who typically drafts the decision at the hearing-level stage?:
Other
If "Other," please specify (drafts):
The AMS Administrator issues a recommended decision and marketing agreement/order (if any), based on the transcript and other records from the formal hearing conducted by the ALJ.
Do agency regulations or guidance provide time limits for issuance of final decisions?:
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s):
Proceedings to Amend Milk Marketing Agreement/Order: The Secretary's final decision must be issued not later than 60 days after deadline for filing exceptions to recommended decision.
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?:
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
7 CFR 900.10, 900.13
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
Comments/Notes on Hearing-Level Process & Procedures (Optional):
Proceedings to Amend Milk Marketing Agreement/Order: The party proposing the amendment must, if appearing as a witness at the hearing, file copies of his/her written testimony and any accompanying exhibits before the start of the hearing on the day of appearance. (Note: Individual dairy farmers are exempt from this requirement.)
Proceedings to Amend Fruit, Vegetable, or Nut Marketing Agreement/Order: Witnesses at hearings must file copies of their written testimony and any accompanying exhibits before the start of the hearing on the day of appearance. Rules also require parties, to extent possible, to submit copies of documents electronically to AMS Fruit and Vegetable Programs, in addition to filing with hearing clerk.
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified