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):
28 CFR 2.48-2.52; 28 CFR 2.101-2.105; 28 CFR 2.214-2.218
Other published guidance for hearings (if any):
Rules and Procedures Manual Section 2.48-01 - 2.52-03; Section 2.214-2.217-06
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.):
All evidence upon which the finding of violation may be based shall be disclosed to the parolee at or before the revocation hearing. The hearing officer or examiner panel may disclose documentary evidence by permitting the parolee to examine the document during the hearing, or where appropriate, by reading or summarizing the document in the presence of the parolee. 28 CFR 2.50(d)
Are parties provided notice of hearing?:
Yes (All Types of Cases)
What types of hearings are permitted at the hearing-level stage?:
In-Person
Video
How many hearing officers preside at each hearing?:
Varies by Case
If "Varies by Case," please describe:
Local revocation hearings may be presided over by a single hearing examiner, an examiner panel, or another official designated by the Regional Commissioner. Institutional revocation hearings are generally limited to one hearing examiner.
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
At both local and institutional revocation hearings, a non-attorney representative may appear as a voluntary witness and offer a statement regarding the parolee's reparole or reinstatement to supervision.
At local revocation hearings, witnesses who have given statements upon which revocation may be based, may appear at the request of the parolee or at the request of the Commission. Adverse witness are not requested to appear at institutional revocation hearings. 28 CFR 2.50(c)
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
At local revocation hearings, witnesses are subject to cross-examination in front of the parolee unless the hearing officer finds good cause for the parolee's non-attendance. Adverse witnesses will not be requested to appear at institutional revocation hearings, and thus cannot be cross-examined. 28 CFR 2.50(c)
Are hearings recorded and/or transcribed?:
Yes
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?:
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s):
DC Code Offenders that had an Institutional Revocation Hearing: 21 days of hearing
DC Code Offenders that had a Local Revocation Hearing: 86 days of retaking of the releasee
28 CFR 2.105(c) and 28 CFR 2.218(g)
Is judicial review available after issuance of a final decision?:
No
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
Comments/Notes on Hearing-Level Adjudicators (Optional):
Commissioner's designee may be a U.S. Probation Officer.
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified