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 1463.11
Is discovery permitted by either party at the hearing-level stage?:
No
Are ex parte contacts prohibited?:
No
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?:
Varies by Case
If "Varies by Case," please describe:
Applicable regulation does not clearly provide for witness testimony, but does specify that the contesting party "may present oral and written evidence." (7 CFR 1463.11(b))
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Applicable regulation does not clearly provide for cross-examination of witnesses, but does specify that the contesting party "may present oral and written evidence." (7 CFR 1463.11(b))
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
No
Who typically drafts the decision at the hearing-level stage?:
Other
If "Other," please specify (drafts):
The hearing officer acts as an informal fact-finder "to develop an administrative record that will provide [the deciding official] with sufficient information to render a final determination on the matter in dispute." (7 CFR 1463.11(b))
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):
With respect to appeals relating to assessments imposed on a domestic manufacturer or importer of tobacco products, the CCC Executive Vice President (or designee) must issue a final determination within 30 calendar days of receiving "the final submission of material" from the appellant.
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?:
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
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified