Other Fields
Agency Scheme: 
USDCWARN0010
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Enforcement Section
Name of Hearing Office (global name): 
Department of Commerce: Enforcement Section
Sub-Agency/Bureau/Division:: 
National Oceanic and Atmospheric Administration
Hearing Officer #1 (Title): 
Agency Counsel
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

This scheme provides for reviews of written warnings issued pursuant to several Acts administered by National Oceanic and Atmospheric Administration (NOAA) by Agency Counsel. The decisions of Agency Counsel may then be appealed to the Deputy General Counsel for NOAA.

PROCESS & PROCEDURE - General Information
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 904.403(a)
Other published guidance for hearings (if any): 
http://www.gc.noaa.gov/written_warning_appeals.html
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?: 
No
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
100%
In-Person: 
0%
Video: 
0%
Phone: 
0%
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?: 
N/A (Document-Only Hearings)
Can parties cross-examine witnesses?: 
N/A (Document-Only Hearings)
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are hearings open to the public?: 
N/A (Document-Only Hearing)
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
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?: 
No
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?: 
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): 
This a fairly informal written review procedure conducted by Agency Counsel to either issue a warning to a party or affirm a written warning issued by a front line decision maker.
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The regulations only note that Agency Counsel must review the decisions.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified