Regulations/rules of practice for hearings (please include CFR citations):
15 CFR 700.81
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
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
How is the type of hearing selected:
By Agency
By Private Party
How many hearing officers preside at each hearing?:
One
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
Discretion of Adjudication Officer(s)
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
Is judicial review available after issuance of a final decision?:
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:
No
Comments/Notes on Hearing-Level Process & Procedures (Optional):
"Each appeal must be in writing and contain a complete statement of all the facts and circumstances related to the action appealed from and a full and precise statement of the reasons the decision should be modified or reversed." See 15 CFR 700.81(c).
Though the designee conducts all fact finding, all decision making authority resides in the Assistant Secretary.
Normally the decision will be based on documents only; however, upon request by the appellant, the Assistant Secretary may grant an informal in-person hearing.
"The hearing officer shall determine all procedural questions and impose such time or other limitations deemed reasonable." 15 CFR 700.81(e)
"The decision of the Assistant Secretary for Export Administration shall be made within a reasonable time after receipt of the appeal." 15 CFR 700.81(h)
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified