Other Fields
Agency Scheme: 
USPSPBCA0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
United States Postal Service Board of Contract Appeals
Name of Hearing Office (global name): 
United States Postal Service: United States Postal Service Board of Contract Appeals
Sub-Agency/Bureau/Division:: 
Hearing Officer #1 (Title): 
Administrative Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

The Postal Service Board of Contract Appeals (Board) decides disputes involving claims under contracts entered into by the United States Postal Service or the Postal Regulatory Commission. The Board also has jurisdiction over certain cases under the Equal Access to Justice Act (EAJA).

The Board has three different procedures for hearing cases: the standard procedure, an Expedited Procedure (for Small Claims), and an Accelerated Procedure. In Expedited and Accelerated cases, procedural requirements are relaxed and the Board issues decisions within 120 days and 180 days, respectively to the extent practicable. The overwhelming majority of cases use the standard procedure. All cases are heard by one presiding judge. Standard cases are decided by a three judge panel and are appealable to the U.S. Court of Appeals for the Federal Circuit. Accelerated cases are decided by a two judge panel and are appealable to the Federal Circuit. Expedited cases are decided only by the presiding judge, are non-precedential and are not appealable.

In case following the standard procedure and the Accelerated Procedure, parties can file a motion for reconsideration (such a motion is not possible under the Expedited Procedure unless there has been fraud). After reconsideration, Board decisions are final.

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
About what percentage of private parties were represented at hearings (FY2013)?: 
50.00%
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): 
39 CFR 955, 39 CFR 960
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.): 
Discovery is general broad, and can include depositions, interrogatories, admission of facts, and production of documents (See 39 CFR 955.15-16).
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
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
30%
In-Person: 
65%
Video: 
5%
Phone: 
0%
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
The Board has final say on hearing type. Either party can request an oral hearing (See 39 CFR 955.9), and the Board determines whether to grant the request. Telephone hearings theoretically are possible but never have been done, which is why the box was not checked.
How many hearing officers preside at each hearing?: 
One
If "Varies by Case," please describe: 
One judge presides at a hearing. Decisions are made by the presiding judge and a panel with two additional judges, or one additional judge in Accelerated cases. Expedited procedure cases are decided only by the presiding judge.
Is witness testimony permitted at hearings?: 
Yes
If "Varies by Case," please describe: 
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Yes (Hearings Always Open/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
If "Other," please specify (drafts): 
The presiding judge drafts the decision. The other panel judges review and concur (or dissent).
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
The Board panel.
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): 
Generally, no. However, under the Expedited procedure, the Board will issue a decision, whenever possible, within 120 days (39 CFR 955.13(a)(1)). Under the Accelerated Procedure, the Board will issue a decision, whenever possible, within 180 days (39 CFR 955.13(b)(1)).
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Other
Please briefly describe your case management practice(s) at the hearing level stage: 
It is up to the presiding judge to set case priorities.
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)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Web-based electronic filing begins in early 2015.
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): 
39 CFR 955.14
ADJUDICATORS
Total # of Hearing Officers: 
4
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Job Series is Administrative Judge. Pay Plan is Board of Contract Appeals Judge Pay Scale. Grade Range not applicable.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Who conducts the ADR?: 
Non-Presiding Adjudicator
Comments/Notes on ADR Process (Optional): 
Mediation is conducted by a Board Judge that is not on the deciding panel, at the joint request of the parties.
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
Verified by Agency: 
Verified