Other Fields
Agency Scheme: 
USDCNOAA0009
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administrative Law Judges
Name of Hearing Office (global name): 
Department of Commerce: Office of Administrative Law Judges
Hearing Officer #1 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

This scheme allows for hearings before administrative law judges (ALJs) on several different sanctions or penalties entities may receive pursuant to the authority of the National Oceanic and Atmospheric Administration (NOAA). There is a right to appeal to the Administrator of NOAA.

NOTE: This is a formal adjudication scheme and uses ALJs. However, the Department of Commerce (DOC) and its constituent agencies do not employ ALJs and use ALJs from other agencies to conduct DOC hearings. While NOAA formerly used Coast Guard ALJs (like the rest of DOC), since 2011, ALJs from the Environmental Protection Agency have performed hearings due to their expertise in matters of the environment.

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
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
15 CFR Part 904, Subpart C
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.): 
Required discovery includes: "[a] factual summary of the case; a summary of all factual and legal issues in dispute; a list of all defenses that will be asserted, together with a summary of all factual and legal bases supporting each defense; a list of all potential witnesses, together with a summary of their anticipated testimony; and a list of all potential exhibits." 15 CFR 904.240(a)(1). Upon written motion, the following forms of discovery may also be permitted: depositions, interrogatories, admissions, and production of documents and the opportunity to inspect them. See 15 CFR 904.240(a)(b).
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
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
Video
Phone
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: 
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 has authority to issue final decisions?: 
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
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Yes
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
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 904.270
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
15 CFR 904.253
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Though the decision can be appealed to the Administrator of NOAA, a party may also file a petition for reconsideration with the ALJ. See 15 CFR 904.272 Interlocutory review is available. See 15 CFR 904.254 "The Chief Administrative Law Judge may order that two or more administrative proceedings that involve substantially the same parties or the same issues be consolidated and/or heard together, either upon request of a party or sua sponte." 15 CFR 904.215
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The duties of the administrative law judge are noted in 15 CFR 204.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified