Other Fields
Agency Scheme: 
USDCNIST0008
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Director (NIST)
Name of Hearing Office (global name): 
Department of Commerce: Office of the Director (NIST)
Sub-Agency/Bureau/Division:: 
National Institute of Standards and Technology
Hearing Officer #1 (Title): 
Director
Hearing Officer #2 (Title): 
Director's Designee
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Government employees may appeal the determination of a government official to the Director of the National Institute of Standards and Technology (also known as the Under Secretary of Commerce for Standards and Technology), or his designee, as to the ownership of an invention the employee created, developed, or researched while a government employee.

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?: 
Attorney
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
37 CFR Part 501
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 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?: 
No
Can parties cross-examine witnesses?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
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): 
Within 120 days. See 37 CFR 501.8.
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
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): 
Though there is no discovery in this hearing procedure, the Director may ask for supplementary information in the form of affidavits and deposition testimony subsequent to the oral hearing. After the decision is issued, there is a thirty day period during which the parties may request reconsideration. "Any request for reconsideration or modification of the decision must be filed within 30 days from the date of the original decision (or within such an extension thereof as may be set by the Secretary before the original period expires)." 37 CFR 501.8(e)
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The regulations designate the Under Secretary of Technology as the hearing officer (or a designee), but it note that the Under Secretary is commonly referred to as the Director of NIST.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified