Other Fields
Agency Scheme: 
USDCCENS0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Director (Census)
Name of Hearing Office (global name): 
Department of Commerce: Office of the Director (Census)
Sub-Agency/Bureau/Division:: 
Bureau of the Census
Hearing Officer #1 (Title): 
Director
Hearing Officer #2 (Title): 
Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

When the Chief of the Population Division or his designee cannot informally resolve the challenge the complaining State or unit of local government, either unit can proceed formally with a review by the Director or his appointee. 15 CFR 90.9.

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
Regulations/rules of practice for hearings (please include CFR citations): 
15 CFR Part 90
PROCESS & PROCEDURE - Pre-Hearing Procedure
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Does the hearing officer have subpoena authority?: 
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
How is the type of hearing selected: 
By Private Party
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 in oral hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross examination is permitted in oral hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
If "Other," please specify: 
The Hearing Official transmits the record and recommendations to the Director in order for him or her to issue a decision.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
A maximum of 30 days will be provided for the hearing officer and staff to deliberate, and a maximum of an additional 30 days will be allowed for the Director to rule on the case. 15 CFR 90..17.
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): 
15 CFR 90.14(g)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
The Hearing Officer receives written and oral evidence, but the Director makes the decision. See 15 CFR 90.11, 90.14(g) The rules of evidence do not apply, but irrelevant and unduly repetitious testimony will be excluded. See 15 CFR 90.14(c)
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
"The hearing officer, a person not involved in the preparation of the estimates being challenged, shall be appointed by the Director from a roster of employees of the Bureau of the Census who have been approved in advance by the Assistant Secretary for Administration, Department of Commerce." 15 CFR 90.12 "The hearing officer shall have the authority to: (1) Administer oaths or affirmations, (2) rule on the admissibility of evidence, (3) limit the number of witnesses, (4) exclude any person from the hearing room for contumacious conduct or misbehavior that obstructs the hearing, (5) perform other such acts as are necessary or appropriate to the efficient conduct of any proceeding, and (6) make initial findings, analyses, and recommendations." 15 CFR 90.14(e)
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified