Other Fields
Agency Scheme: 
USDATTPP0028
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Executive Vice President
Name of Hearing Office (global name): 
Department of Agriculture: Office of Executive Vice President
Sub-Agency/Bureau/Division:: 
Commodity Credit Corporation (CCC)
Hearing Officer #1 (Title): 
Executive Vice President
Hearing Officer #2 (Title): 
Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

This informal adjudication scheme provides an opportunity for entities to challenge adverse decisions by the Commodity Credit Corporation (CCC) related to tobacco transition assessments under Part 1463 (7 CFR 1463.11). Adverse decisions may include the amount of the assessment, division of assessment among classes of tobacco, assessment liability determinations, or civil penalties for knowing failure to file required information or knowing provision of false information related to required filings.

Applicable Tobacco Transition Payment Program regulations do not specify the "hearing officer" for appeal of adverse decisions related to transition assessments, other than to note that the CCC Executive Vice President "shall assign a person to act as the hearing officer on behalf of CCC." (7 CFR 1483.11(b)). The hearing officer acts only as a fact-finder for the CCC Executive VP, who issues the final decision.

PROCESS & PROCEDURE - General Information
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
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?: 
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
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
PROCESS & PROCEDURE - Post-Hearing Procedure
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))
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
The CCC Executive Vice President, or a designee, issues the final determination, based on record developed at the informal hearing by the hearing officer. (See (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)
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
Verified by Agency: 
Not verified