Other Fields
Agency Scheme: 
USPCLABR0005
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Commission
Name of Hearing Office (global name): 
United States Parole Commission: Commission
Hearing Officer #1 (Title): 
Commissioner
Hearing Officer #2 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Formal proceeding in which persons who are deemed ineligible for certain positions under the Labor-Management Reporting and Disclosure Act of 1959 ("Labor Act") or the Employee Retirement Income Security Act of 1974 ("Pension Act") seek a Certificate of Exemption. 28 CFR 4.2. The proceedings are conducted in accordance with sections 556 and 557 of the APA and there is no provision for administrative or judicial appeal.

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
Regulations/rules of practice for hearings (please include CFR citations): 
28 CFR Part 4 (Sections 4.7-4.14 most specifically relate to hearing procedure)
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 applicant must attach an affidavit setting forth several items concerning the applicant's personal history which are relevant to the case, such as any present employment or past association with labor organizations or employee benefit plans. 28 CFR 4.4. Additionally, each application must be accompanied by 6 letters or forms of statement attesting to the character and reputation of the applicant. 28 CFR 4.5. Pursuant to section 556 of the APA, the hearing officer may take depositions or have depositions taken as necessary.
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
How is the type of hearing selected: 
By Agency
By Private Party
Please describe: 
Hearings are generally conducted in person, but in the absence of objection from the Secretary of Labor or any other parties who have received notice pursuant to 28 CFR 4.7, the Commission may grant an application without receiving oral testimony. 28 CFR 4.10.
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
The hearing shall be held before the Commission, before one or more Commissioners, or before one or more administrative law judges as the Commission, by order, shall determine. 28 CFR 4.8.
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted for in-person 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 for in-person hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Yes
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?: 
Program Official
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?: 
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): 
28 CFR 4.13(a) and APA section 556(e)
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 third parties who are allowed to submit other evidence and information include the appropriate state, county, or federal prosecuting officials in the jurisdiction(s) in which the applicant was convicted of the crimes relevant to his/her application for exemption. 28 CFR 4.7. They are afforded an opportunity to appear and present evidence and cross-examine witnesses. 28 CFR 4.11(b).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified