Other Fields
Agency Scheme: 
USDAPACA0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
PACA Division
Name of Hearing Office (global name): 
Department of Agriculture: PACA Division
Sub-Agency/Bureau/Division:: 
Agricultural Marketing Service
Hearing Officer #1 (Title): 
Examiner (USDA OGC attorney)
Hearing Officer #2 (Title): 
Examiner (PACA employee)
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Adjudication of private commercial disputes re agricultural commodities. USDA only provides forum for resolution of private reparations claims; the agency is not a party to claims/cases. Procedural rules are set forth in 7 CFR Part 47.

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?: 
No
Regulations/rules of practice for hearings (please include CFR citations): 
7 CFR Part 47; see also 7 CFR 1.130 - 1.15
Other published guidance for hearings (if any): 
PACA webinars posted on PACA website.
PROCESS & PROCEDURE - Pre-Hearing Procedure
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.): 
Depositions only available upon application of party and order by Examiner. Depositions taken before Examiner (by phone) and deponent subject to cross-examination. Subpoenas also available for witnesses and production of documents. (See 7 CFR 47.16 (depositions), 47.17 (subpoenas)).
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
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
Video
Phone
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Written hearings on reparation claims under $30,000 unless oral argument is requested by one of the parties. For reparation claims over $30,000,any party may request an oral hearing. By default, such hearings are held by video. However, either party can move for in-person or telephonic hearing. (See 7 CFR 47.15).
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 if an oral hearing is conducted. Not applicable for "paper" (document only) hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross-examination of witnesses is permitted if an oral hearing is conducted. Not applicable for "paper" (document only) 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: 
USDA Secretary
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
No
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?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
7 CFR ยง 47.21 (transmittal of record)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
7 CFR 47.19 (Examiner-proposed findings of fact and conclusions of law) , 47.24 (re-opening); see also 7 CFR 47.21 (transmittal of record to Secretary).
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Expedited "documentary" procedure for adjudication of claims under $30,000. Hearing by written record only with parties filing written statements, briefs, and stipulations with written verifications under oath required.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Other
If "Other," please specify:: 
Informal complaint process.
Who conducts the ADR?: 
Third-Party Neutral
Agency Program Official
Regulations/rules of practice governing ADR process (please include CFR citations): 
7 CFR 47.3
Other published guidance on ADR process (if any):: 
Webinars posted on PACA website.
Comments/Notes on ADR Process (Optional): 
Statistics posted on USDA website note that, for FY2007 - FY2011, 91% of informal complaints were settled in less than 4 months.
Verified by Agency: 
Not verified