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):
9 CFR 202.101 - 202.123
Other published guidance for hearings (if any):
"Understanding Reparations Proceedings" (March 2011) (posted on GIPSA website)
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 (oral or upon written interrogatories) permitted upon motion and order of Presiding Officer. Subpoenas for production of documents also allowed with order. (9 CFR 202.109)
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?:
Written (Document-Only) Hearing
In-Person
Video
How is the type of hearing selected:
Required by Rule
Depends on Nature of Case/Claim
Please describe:
Oral hearings for reparations claims over $10,000 upon written request of party. Reparations claims under $10,000 do not have oral hearings unless Presiding Officer deems necessary. Video hearings are the default method for oral hearings unless Presiding Officer deems in-person hearing necessary or when needed to prevent prejudice. (See 9 CFR 202.111 - 202.112).
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 oral hearings are conducted, witness testimony is permitted. Not applicable to "paper" written hearings. (9 CFR 202.112 - 202.113)
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
If oral hearings are conducted, witness testimony is permitted. Not applicable to "paper" written hearings. (9 CFR 202.112 - 202.113)
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
Yes
N/A (Document-Only Hearings)
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?:
No
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:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
Record closure not express, but by implication. (9 CFR 202.114, 202.117).
Comments/Notes on Hearing-Level Process & Procedures (Optional):
*USDA Investigation/Informal Disposition: USDA may, in its discretion, investigate complaints after filing by third parties, and may dismiss complaint if insufficient factual basis to proceed. USDA may also attempt to assist the parties in reaching an "informal adjustment of the matter" based on its investigative report. In any event, the investigative report becomes part of the case record.
*Expedited procedure for smaller claims: Shortened procedures for hearings on written record when reparations claims are less than $10,000. Parties file written evidence and verifications, and hearing is on written record only. (9 CFR 202.113)
* Complaint form: A party filing a reparations complaint may use, but is not required to use, a PDF complaint form posted on the agency's website (Form P&SP-5000).
Is ADR available at one or more points during the hearing process?:
No
Comments/Notes on ADR Process (Optional):
While there is no formal ADR mechanisms associated with the P&SP reparations program, the rules of practice do provide for "informal disposition" through post-complaint settlement discussions facilitated by the agency following an investigation. (9 CFR 202.104(a)).
Verified by Agency:
Not verified