Other Fields
Agency Scheme: 
USDCCONT0011
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Assistant Administrator for Fisheries
Name of Hearing Office (global name): 
Department of Commerce: Office of the Assistant Administrator for Fisheries
Sub-Agency/Bureau/Division:: 
National Oceanic and Atmospheric Administration
Hearing Officer #1 (Title): 
Assistant Administrator
Hearing Officer #2 (Title): 
Assistant Administrator's Designee
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

This scheme allows for review of a claim to the Fisherman's Contingency Fund when there is damage associated with Outer Continental Shelf oil and gas exploration, development, or production activities. The Assistant Administrator reviews the decision to award a claim by the Chief of the Financial Services Division of the National Marine Fisheries Service (the initial decision by the Chief does not include a hearing).

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): 
50 CFR Part 296
PROCESS & PROCEDURE - Pre-Hearing Procedure
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.): 
The discovery is limited to the authority of the Assistant Administrator or his designee to subpoena the production of books, records and other evidence related to the claim. See 50 CFR 296.6(e)(2).
Does the hearing officer have subpoena authority?: 
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
Please describe: 
"The petitioner may submit written or oral evidence within 30 days of filing the petition for review." 50 CFR 296.10(b).
How many hearing officers preside at each hearing?: 
One
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Adjudication Officer
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): 
"[T]he Assistant Administrator, NMFS, or his designee will conduct a review of the initial determination, and will issue a final determination no later than 60 days after receipt of the request for review of the initial determination." 50 CFR 296.11(a)
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
It is important to note that if there is not a review requested of the Financial Division's chief, that decision is also appealable to a District Court. See 50 CFR 296.13. "If more than one commercial fisherman suffers loss or damage from the same incident (for example, when several members of the crew lost income due to loss of fishing time), all claims should be submitted on their behalf by the owner or operator of the commercial fishing vessel involved." 50 CFR 296.5(d) "The claimant has the burden to establish, by a preponderance of the evidence, all facts necessary to qualify his claim." 50 CFR 296.7(a) "An award may also include compensation for reasonable fees paid by the claimant to an attorney, CPA, or other consultant for the preparation or prosecution of a claim." 50 CFR 296.8(d)
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
"For purposes of any proceeding, the Assistant Administrator, NMFS, or his designee, shall have the power to administer oaths and subpoena witnesses and the production of books, records, and other evidence relative to the issues involved." 50 CFR 296.6(e)(2)
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified