Other Fields
Agency Scheme: 
USDAAPHS0015
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Veterinary Services
Name of Hearing Office (global name): 
Department of Agriculture: Veterinary Services
Sub-Agency/Bureau/Division:: 
Animal and Plant Health Inspection Service (APHIS)
Hearing Officer #1 (Title): 
APHIS Administrator (or designee)
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 of appeals by regulated entities from adverse APHIS/VS actions relating to programs addressing animal welfare, control of animal diseases, transit of animals and animal products, and veterinarians. Procedural framework set forth in scattered sections of Title 9 of the CFR. Rules typically, at most, provide the following: (a) notice of adverse action by agency official for non-compliance or ineligibility; (b) 10 days for party to lodge written appeal stating all facts and reasons why action wrong; (c) opportunity for a hearing; and (d) a written decision by the APHIS Administrator, VS Deputy Administrator (or delegee). Oral hearings may be at a party's request, or may be required when there are material factual disputes. Oral (evidentiary) hearings conducted by a Hearing Officer. Written, sub-regulatory rules of practice by APHIS set forth additional procedural rules.

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?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
9 CFR, scattered sections in Parts 2, 71, 75, 82, 93, 94, 96, 145, 146 & 166
Other published guidance for hearings (if any): 
Unpublished "Rules of Practice" augment procedures set forth in applicable regulatory provisions
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?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
Oral (evidentiary) hearings conducted by Hearing Officer if there are disputed issues of material fact. Otherwise, written(document-only) hearings are held.
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 oral (evidentiary) hearings. Not applicable to "paper" hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross-examination of witnesses is permitted in oral (evidentiary) hearings. Not applicable to "paper" hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
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: 
The APHIS Administrator (or designee) issues the final written decision. In cases in which an oral (evidentiary) hearing is conducted, the hearing officer submits a report to the Administrator that contains his/her recommended findings of fact and conclusions. The Administrator then reviews the case record and issues his/her final decision.
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 (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: 
No
ADJUDICATORS
Total # of Hearing Officers: 
1
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified