Other Fields
Agency Scheme: 
USDAARBO0009
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Administrative Review Branch
Name of Hearing Office (global name): 
Department of Agriculture: Administrative Review Branch
Sub-Agency/Bureau/Division:: 
Food and Nutrition Service
Hearing Officer #1 (Title): 
Administrative Review Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Final administrative review by ARB of appeals by participating firms, retailers, vendors, sponsors, and State agencies aggrieved by program decisions of USDA, FNS officials related to various food and nutrition programs (e.g., SNAP, WIC, National School Lunch Program, Child and Adult Care Food program).

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): 
7 CFR 210.29(d)(3), 226.6(k), 235.11(f), 246.22. 279.1 - 279.6
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)
How far in advance of the hearing date is notice typically provided?: 
10 Days
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: 
School Food Authority (Part 210) & CACFP Institutions (Part 226) & State Agency WIC Sanctions (Part 246): The appellant may, by written request, seek either record review (i.e., "paper" hearing) or an oral (in-person) hearing. State Administrative Expense Fund sanctions (Part 235) & SNAP Food Retailer and Food Wholesaler sanctions (Part 279): Record review only.
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 an oral hearing is conducted, witness testimony is permitted. Not applicable for hearings on written record only.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If an oral hearing is conducted, cross-examination of witnesses is permitted. Not applicable for hearings on written record only.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Adjudication Officer
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): 
National School Lunch program appeals (Part 235): 60 calendar days from receipt of request for review (7 CFR 210.29(d)(3)(vii)) // State Administrative Expense Fund appeals (7 CFR 235.11(f)(4)): 45 calendar days after receipt of state agency submission //WIC state agency appeals (7 CFR 246.22(c)(3)): 30 days after receipt of state agency submission // Food Retailer & Food Wholesaler appeals (7 CFR 279.5): No timeframe specified; CACFP appeals (Part 226): 60 calendar days after receipt of request for review.
Is judicial review available after issuance of a final decision?: 
Yes (Some 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?: 
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
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
1 239
Total # Cases Decided/Closed (FY2013): 
1 258
Verified by Agency: 
Verified