Displaying 1 - 100 of 364
| # |
Agency |
Office Name | Scheme | Is discovery permitted by either party at the hearing-level stage? | Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.) | Verified by Agency |
|---|---|---|---|---|---|---|
| 1 | Board of Governors of the Federal Reserve System | Labor Relations Panel | FRSXLRPX0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Production of documents, depositions (12 CFR 269b.442). | Not verified |
| 2 | Board of Governors of the Federal Reserve System | Board of Governors | FRSXBOAR0003 - Hearing Level - Procedures | Yes (All Types of Cases) | "The administrative judge shall notify the parties of the right to seek discovery prior to the hearing and may issue such discovery orders as are appropriate. Unless the parties agree in writing concerning the methods and scope of discovery, the party seeking discovery shall request authorization from the administrative judge prior to commencing discovery." Discovery may include interrogatories, depositions, requests for admissions, stipulations, and requests for production of documents. 12 CFR 268.108(d) | Not verified |
| 3 | Board of Governors of the Federal Reserve System | Board of Governors | FRSXBOAR0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | Depositions are allowed in some case types See 12 CFR 263.73, citing to 263.53. In this case type, deposition procedures for formal hearings are applicable to informal hearings. In other case types (See 12 CFR 263.203 and 204), procedure for discovery is not specified. In 12 CFR 263.402, no discovery is permitted. | Not verified |
| 4 | Board of Governors of the Federal Reserve System | Office of Financial Institution Adjudication | FRSXOFIA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may request document production and conduct depositions (12 CFR 263.24, 263.53), but interrogatories are not permitted. Parties may discover documents regarding "any matter, not privileged, that has material relevance to the merits of the pending action" (12 CFR 263.24(b)). | Not verified |
| 5 | Board of Veterans' Appeals | Board | DOVABENE0001 - Hearing Level - Procedures | No | Verified | |
| 6 | Broadcasting Board of Governors | Office of the General Counsel | BBGOPRFR0001 - Hearing Level - Procedures | Yes (All Types of Cases) | PFCRA Cases: Interrogatories, requests for production, requests for admissions and depositions. Unless the parties agree, discovery is available only as ordered by the ALJ upon motion. 22 CFR 521.21(c). The ALJ authorizes discovery only when it does not offend the conditions in 521.21(d)(3) (e.g., privilege, undue burden). Salary Offset Cases: Formal discovery devices are not expressly provided, by 22 CFR 512.20(a)(5) affords employees the "right to inspect and copy the Government records pertaining to the debt." | Not verified |
| 7 | Broadcasting Board of Governors | Board of Governors | BBGONPRC0005 - Hearing Level - Procedures | No | Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. | Not verified |
| 8 | Broadcasting Board of Governors | Office of Contracts | BBGOFARG0004 - Hearing Level - Procedures | No | Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. | Not verified |
| 9 | Broadcasting Board of Governors | Financial Operations Division | BBGODEBT0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Formal discovery devices are not expressly provided for, but 22 CFR 512.20(a)(5) affords employees the "right to inspect and copy Government records pertaining to the debt" before the offset is made. | Not verified |
| 10 | Broadcasting Board of Governors | Board of Governors | BBGODEBT0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. | Not verified |
| 11 | Central Intelligence Agency | Office of the General Counsel | CIAODBAR0001 - Hearing Level - Procedures | No | Verified | |
| 12 | Commodity Futures Trading Commission | Office of Proceedings | CFTCEAJA0004 - Hearing Level - Procedures | No | Not verified | |
| 13 | Commodity Futures Trading Commission | Commission | CFTCPRIV0002 - Hearing Level - Procedures | No | Not verified | |
| 14 | Commodity Futures Trading Commission | Office of the Executive Director | CFTCCOLL0003 - Hearing Level - Procedures | No | Not verified | |
| 15 | Commodity Futures Trading Commission | Office of Proceedings | CFTCFORM0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The scope of discovery is broad and involves all non-confidential documentation relevant to the case. Parties are required to make prehearing disclosures, including: case outline; legal theories; identity and location of lay and expert witnesses, and summaries of expected testimony; investigatory materials (from Division of Enforcement); list of documents to be introduced at hearing; and index of withheld documents. Parties may also seek permission to take depositions (oral or through written interrogatories) under certain circumstances. (See 17 CFR 10.41 - .44). | Verified |
| 16 | Commodity Futures Trading Commission | Office of Proceedings | CFTCREPA0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Written discovery available in all proceedings: document production requests; depositions on written interrogatories; and requests for admission. See 17 CFR 12.30 - 12.34. | Verified |
| 17 | Consumer Financial Protection Bureau | Office of the Director | CFPBDEBT0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have a right, upon request, to inspect and/or copy CFPB records related to the debt at issue, unless such records are exempt from disclosure. See 12 CFR 1073.204(a)(2) | Not verified |
| 18 | Consumer Financial Protection Bureau | Office of Administrative Adjudication | CFPBADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The Office of Enforcement, according to an order by the hearing officer, must make documents obtained by the office prior to the beginning of the administrative proceeding available to the respondent for inspection and copying. As well, each party must provide the other with a report prepared by each of its expert witnesses. See 12 CFR 1081.206, 1081.210. In addition, parties are able to request the issuance of document subpoenas. | Verified |
| 19 | Consumer Product Safety Commission | United States Coast Guard Administrative Law Judges | CPSCPENA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | 16 CFR 1025.31 (b) Discovery methods. Parties may obtain discovery by one or more of the following methods: (1) Written interrogatories; (2) Requests for production of documents or things; (3) Requests for admission; or (4) Depositions upon oral examination. | Not verified |
| 20 | Copyright Royalty Tribunal | Copyright Royalty Board | CRTRADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery varies depending on case type. For distribution proceedings, the Copyright Royalty Judge designates a 45 day period in which parties may request non-privileged documents related to written exhibits and testimony. See 37 CFR 351.6. In royalty rate proceedings, discovery includes requests for document production, depositions, and interrogatories. See 37 CFR 351.5. | Not verified |
| 21 | Corporation for National and Community Service | Office of the Director - AmeriCorps*VISTA | CNCSVTRM0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery may be conducted at Hearing/Grievance Examiner's discretion. Discovery may include: personal interviews; group meetings; written interrogatories; or depositions. (45 CFR 1210.3-7(a), 1211.1-12(a)) | Not verified |
| 22 | Corporation for National and Community Service | Office of the Chief Financial Officer | CNCSTERM0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions are available "if the presiding officer determines that the interests of justice would be served" by such means of discovery. (45 CFR 1206.1-7(k)) | Not verified |
| 23 | Corporation for National and Community Service | Department of the Chief Executive Officer | CNCSSUSD0008 - Hearing Level - Procedures | No | Not verified | |
| 24 | Corporation for National and Community Service | Department of the Chief Executive Officer | CNCSDISC0001 - Hearing Level - Procedures | No | Not verified | |
| 25 | Corporation for National and Community Service | Office of the Chief Financial Officer | CNCSDENI0002 - Hearing Level - Procedures | No | Not verified | |
| 26 | Department of Agriculture | Office of Executive Vice President | USDATTPP0028 - Hearing Level - Procedures | No | Not verified | |
| 27 | Department of Agriculture | Office of Budget & Finance | USDATMBR0019 - Hearing Level - Procedures | No | Not verified | |
| 28 | Department of Agriculture | Varies (by USDA program agency) | USDASUSD0030 - Hearing Level - Procedures | No | Not verified | |
| 29 | Department of Agriculture | RD Operations & Management | USDARDOO0023 - Hearing Level - Procedures | Not verified | ||
| 30 | Department of Agriculture | Office of the Chief Conservationist | USDANRCS0021 - Hearing Level - Procedures | Yes (Some Types of Cases) | *Program Decisions: No discovery permitted. * NRCS Reconsideration of Preliminary Technical Determinations: As part of the reconsideration process for adverse preliminary technical determinations, a party, the designated conservationist who issued the preliminary determination, and a district representative (at the option of the conservation district), a district representative, conduct a field visit to the subject site "for the purpose of gathering additional information and discussing the [relevant] facts" to such determination. (7 CFR 614.7) * FSA County Committee Referral of Final Technical Determination Review to State Conservationist: If the FSA County Committee hearing the appeal of a technical determination under Title XII requests review of that determination by the State Conservationist, the State Conservationist designates "an appropriate NRCS official" to (a) any additional information needed for the review, and (b) obtain additional oral and documentary evidence from any party with personal knowledge; and (c) conduct a field visit. (7 CFR 614.10) | Not verified |
| 31 | Department of Agriculture | Office of Deputy Chief for Programs | USDAMINE0024 - Hearing Level - Procedures | No | Not verified | |
| 32 | Department of Agriculture | Office of Field Operations | USDAFSAO0022 - Hearing Level - Procedures | No | Not verified | |
| 33 | Department of Agriculture | Risk Management Agency | USDAFCIC0020 - Hearing Level - Procedures | No | Not verified | |
| 34 | Department of Agriculture | Office of the Administrator | USDAFASO0029 - Hearing Level - Procedures | No | Not verified | |
| 35 | Department of Agriculture | Office of the Administrator | USDAAMSO0027 - Hearing Level - Procedures | No | Not verified | |
| 36 | Department of Agriculture | Office of the Administrator | USDAAMSM0025 - Hearing Level - Procedures | No | Not verified | |
| 37 | Department of Agriculture | Center for Veterinary Biologics | USDAVPAT0016 - Hearing Level - Procedures | No | Not verified | |
| 38 | Department of Agriculture | Policy & Litigation Division | USDAPSAR0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions (oral or upon written interrogatories) permitted upon motion and order of Presiding Officer. Subpoenas for production of documents also allowed with order. (9 CFR 202.109) | Not verified |
| 39 | Department of Agriculture | Regional Foresters | USDAPRJT0018 - Hearing Level - Procedures | No | Not verified | |
| 40 | Department of Agriculture | Regional Foresters | USDAPRED0007 - Hearing Level - Procedures | No | Not verified | |
| 41 | Department of Agriculture | PACA Division | USDAPACA0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions only available upon application of party and order by Examiner. Depositions taken before Examiner (by phone) and deponent subject to cross-examination. Subpoenas also available for witnesses and production of documents. (See 7 CFR 47.16 (depositions), 47.17 (subpoenas)). | Not verified |
| 42 | Department of Agriculture | Forest Supervisor | USDAOCCU0017 - Hearing Level - Procedures | No | Not verified | |
| 43 | Department of Agriculture | Regional Foresters | USDALRMP0008 - Hearing Level - Procedures | No | Not verified | |
| 44 | Department of Agriculture | Office of the Chief Financial Officer | USDADEBT0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Employee-debtors and other debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted. (7 CFR 3.41(a)(2)(i), 3.42; 31 CFR 285.11(e)(2)) | Not verified |
| 45 | Department of Agriculture | Veterinary Services | USDAAPHS0015 - Hearing Level - Procedures | No | Not verified | |
| 46 | Department of Agriculture | Plant Protection Quarantine | USDAAPHS0014 - Hearing Level - Procedures | No | Not verified | |
| 47 | Department of Agriculture | Administrative Review Branch | USDAARBO0009 - Hearing Level - Procedures | No | Verified | |
| 48 | Department of Agriculture | Administrative Review Branch | USDASNAP0012 - Hearing Level - Procedures | No | Verified | |
| 49 | Department of Agriculture | Office of the Administrative Law Judges | USDAOALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions and subpoenas only. For depositions, parties must file motions with the ALJ naming potential deponent and basis for request which, by rule, "shall solely be for the purpose of eliciting testimony which might not otherwise be available at the time of the hearing." (See 7 CFR § 1.148(b)(4)) | Not verified |
| 50 | Department of Agriculture | National Appeals Division | USDANADO0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | The parties may agree among themselves to engage in discovery, but the Hearing Officer cannot compel discovery. Discovery may include depositions (testimony given outside the hearing under oath), interrogatories (written questions and answers), and document requests. When appropriate, appellant-requested agency witnesses will be made available. Otherwise, with the Directors concurrence, the Hearing Officer may issue subpoenas for witnesses and documents. | Verified |
| 51 | Department of Commerce | Enforcement Section | USDCWARN0010 - Hearing Level - Procedures | No | Not verified | |
| 52 | Department of Commerce | Office of the Secretary | USDCSECR0007 - Hearing Level - Procedures | No | Not verified | |
| 53 | Department of Commerce | Office of the Director (NIST) | USDCNIST0008 - Hearing Level - Procedures | No | Not verified | |
| 54 | Department of Commerce | Office of the Assistant Administrator for Fisheries | USDCINSP0012 - Hearing Level - Procedures | Yes (All Types of Cases) | The scope of discovery is limited to depositions at the discretion of the Hearing Examiner. See 50 CFR 260.93(j)(1). | Not verified |
| 55 | Department of Commerce | Office for Human Resources Management | USDCGRIE0017 - Hearing Level - Procedures | Yes (All Types of Cases) | "An employee pursuing a grievance is entitled to communicate with the [Servicing Human Resources Office] SHRO to obtain information about the grievance process and to get clarification about any provision of this Order. An employee filing a grievance also has the right to review all regulatory material regarding the grievance process and/or the matter being grieved and to review the grievance file." DAO 202-771, 5.03 | Not verified |
| 56 | Department of Commerce | Office of the Chief Financial Officer and Assistant Secretary for Administration | USDCDEBT0015 - Hearing Level - Procedures | Yes (All Types of Cases) | The debtor has the opportunity to inspect and copy DOC's records relating to the debt. | Not verified |
| 57 | Department of Commerce | Grants Management Division | USDCDEBA0016 - Hearing Level - Procedures | No | Not verified | |
| 58 | Department of Commerce | Office of the Assistant Administrator for Fisheries | USDCCONT0011 - Hearing Level - Procedures | Yes (All Types of Cases) | The discovery is limited to the authority of the Assistant Administrator or his designee to subpoena the production of books, records and other evidence related to the claim. See 50 CFR 296.6(e)(2). | Not verified |
| 59 | Department of Commerce | Ethics Law and Program Division | USDCCONF0014 - Hearing Level - Procedures | Yes (All Types of Cases) | Yes, but it is very limited and conditional on agreement of the parties. ("There shall be no discovery unless agreed to by the parties and ordered by the examiner.") 15 CFR 0.735-46(d). | Not verified |
| 60 | Department of Commerce | Office of the Director (Census) | USDCCENS0001 - Hearing Level - Procedures | Not verified | ||
| 61 | Department of Commerce | Office of the Assistant Secretary for Export Administration | USDCBISA0002 - Hearing Level - Procedures | Not verified | ||
| 62 | Department of Commerce | United States Coast Guard Office of Administrative Law Judges | USDCBISF0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery may include: interrogatories, requests for admissions, and requests for production of documents in accordance with the Federal Rules of Civil Procedure. Additionally, upon a showing of good cause the ALJ will allow depositions. 15 CFR 766.9(c) | Verified |
| 63 | Department of Commerce | Office of the Under Secretary | USDCDUMP0006 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties are encouraged to engage in voluntary discovery procedures regarding any non-privileged matter relevant to the proceeding. See 19 CFR 354.10. "A party may serve on any other party interrogatories, requests for admissions, or requests for production of documents for inspection and copying." 19 CFR 354.10(b). Additionally, a party may apply for depositions, and upon a showing of good cause the presiding official can order the deposition of any party or under the control or authority of the party. See 19 CFR 354.10(c). | Verified |
| 64 | Department of Commerce | Foreign-Trade Zones Board | USDCFTZB0005 - Hearing Level - Procedures | No | Verified | |
| 65 | Department of Commerce | National Appeals Office | USDCNNAO0013 - Hearing Level - Procedures | Yes (All Types of Cases) | "Parties shall exchange all exhibits that will be offered at the hearing at least 10 days before the hearing." 15 CFR 906.9(b) However, "[p]arties may not compel discovery or the testimony of any witness." 15 CFR 906.11(a)(7) | Not verified |
| 66 | Department of Commerce | Office of Administrative Law Judges | USDCNOAA0009 - Hearing Level - Procedures | Yes (All Types of Cases) | 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). | Not verified |
| 67 | Department of Commerce | Patent Trial and Appeal Board | USDCPATE0021 - Hearing Level - Procedures | Yes (Some Types of Cases) | For AIA trials see, 37 CFR 42.51, 42.224 For ex parte appeals, discovery is not permitted. | Verified |
| 68 | Department of Commerce | HUD Office of Administrative Law Judges | USDCPDIS0023 - Hearing Level - Procedures | Yes (All Types of Cases) | Apart from a pre-hearing statement to be issued prior to the hearing at the request of the hearing officer, a party may be entitled to reasonable and relevant discovery at the discretion of the hearing officer including: "[1] a reasonable number of written requests for admission or interrogatories; (2) Produce for inspection and copying a reasonable number of documents; and (3) Produce for inspection a reasonable number of things other than documents." See 37 CFR 11.52(a). Depositions may be taken for use at the hearing in lieu of the personal appearance of a witness upon a showing of good cause and approval of the hearing officer. See 37 CFR 11.51(a). | Verified |
| 69 | Department of Education | Office of the General Counsel | DOEDFARO0004 - Hearing Level - Procedures | No | Not verified | |
| 70 | Department of Education | Office of Higher Education Appeals | DOEDOHEA0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and document requests are allowed. | Verified |
| 71 | Department of Education | Office of Administrative Law Judges | DOEDOGBR0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and document requests are allowed. | Verified |
| 72 | Department of Education | Office of Administrative Law Judges | DOEDCRRA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and document requests are allowed. | Verified |
| 73 | Department of Energy | Office of Procurement and Assistance Management | DOENNPSD0006 - Hearing Level - Procedures | No | Not verified | |
| 74 | Department of Energy | Office of the Assistant Secretary for Fossil Energy | DOENNATG0005 - Hearing Level - Procedures | Yes (All Types of Cases) | What type and how discovery is conducted may be determined by the parties or by the Assistant Secretary/Presiding Official. Among other things, discovery includes written interrogatories, depositions, and production of documents. The discovery is rather informal. See 10 CFR 590.305, 590.307, 590.310 | Not verified |
| 75 | Department of Energy | Office of Infrastructure Security & Energy Restoration | DOENISER0003 - Hearing Level - Procedures | No | Not verified | |
| 76 | Department of Energy | Office of the General Counsel | DOENCIVP0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Each party must share with all other parties the names of both expert and lay witnesses along with a brief summary of their anticipated testimony, as well as copies and exhibits each party expects to introduce into evidence. See 10 CFR 820.28. In civil penalty cases under the Program Fraud Civil Penalties Act, the defendant may review any relevant and material documents, including those that either condemn or exculpate him or her, unless the documents are privileged. Documents should be made available for both inspection and copying. Depositions may also be required. See 10 CFR 1013.20, 1013.21, 1017.29(k)(6). | Not verified |
| 77 | Department of Energy | Office of Acquisition and Supply Management (NNSA) | DOENNPSD0007 - Hearing Level - Procedures | No | Not verified | |
| 78 | Department of Energy | Patent Compensation Board (NNSA) | DOENPCBD0010 - Hearing Level - Procedures | Not verified | ||
| 79 | Department of Energy | Office of Procurement and Assistance Management | DOENSUSD0008 - Hearing Level - Procedures | No | Not verified | |
| 80 | Department of Energy | Office of Acquisition and Supply Management (NNSA) | DOENSUSD0009 - Hearing Level - Procedures | No | Not verified | |
| 81 | Department of Energy | Office of the General Counsel | DOENDEBT0013 - Hearing Level - Procedures | Yes (All Types of Cases) | The debtor has the opportunity to inspect and copy DOE's records relating to the debt. | Not verified |
| 82 | Department of Energy | Office of Civil Rights | DOENDSCR0014 - Hearing Level - Procedures | No | Not verified | |
| 83 | Department of Energy | Office of the Assistant General Counsel for Technology Transfer | DOENLGOI0011 - Hearing Level - Procedures | No | Not verified | |
| 84 | Department of Energy | Office of the General Counsel (NNSA) | DOENLGOI0012 - Hearing Level - Procedures | No | Not verified | |
| 85 | Department of Energy | Office of Hearings and Appeals | DOENOOHA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery includes depositions and documents produced in response to a subpoena. See 10 CFR 1003.8; 10 CFR 708.28. | Verified |
| 86 | Department of Health and Human Services | Office of the Secretary | HHSOFARO0010 - Hearing Level - Procedures | No | Not verified | |
| 87 | Department of Health and Human Services | Office of Administrative Law Judges | HHSOCRDB0009 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Not verified |
| 88 | Department of Health and Human Services | Office of Administrative Law Judges | HHSOADGA0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Verified |
| 89 | Department of Health and Human Services | Provider Reimbursement Review Board | HHSOPRRB0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Verified |
| 90 | Department of Health and Human Services | Office of Hearings and Inquiries | HHSOOHAI0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery is permitted for the Medicaid State Plan Amendment cases pursuant to 42 CFR 430.86 | Verified |
| 91 | Department of Health and Human Services | Office of Hearings and Inquiries | HHSOFDVA0007 - Hearing Level - Procedures | Yes (All Types of Cases) | Part 12 does not directly address discovery; however, 12.92(b)(2) indicates that, in developing evidence on issues in controversy, the presiding officer may consider the exchange of written interrogatories directed to particular witnesses. 21 CFR 16.24(g) provides that FDA and the party requesting the hearing will, if feasible, at least 1 day before the hearing provide to each other written notice of any published articles or written information to be presented at or relied on at the hearing. A copy will also be provided in advance if the other participant could not reasonably be expected to have or be able to obtain a copy. If written notice or a copy is not provided, the presiding officer may, if time permits, allow the party who did not receive the notice or copy additional time after the close of the hearing to make a submission concerning the article or information. 21 CFR 17.23 provides that no later than 60 days prior to the hearing, unless otherwise ordered by the presiding officer, a party may make a request to another party for production, inspection, and copying of documents that are relevant to the issues before the presiding officer. Documents must be provided no later than 30 days after the request has been made. The term "documents" is defined to include information, reports, answers, records, accounts, papers and other data and documentary evidence. The regulation also provides a party the opportunity to file a motion for a protective order. The presiding officer may order depositions only when the showings in 21 CFR 17.23(e) are met. | Verified |
| 92 | Department of Health and Human Services | Office of Medicare Hearings and Appeals | HHSOOBEN0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery is permitted if CMS or a CMS contractor elects party status in the appeal -- see 42 CFR 405.1037. Under Part 405 adjudications, CMS and CMS contractors may not elect party status if the appellant is an unrepresented beneficiary. Under Part 422 adjudications, the application of the 405 discovery rule is unclear -- the managed care plan (a type of CMS contractor) has party status pursuant to the statute. In Part 423 adjudications, CMS and CMS contractors are not permitted to take party status -- their role is limited to "participant" status, thus no discovery is permitted. Discovery can include limited depositions, interrogatories and document requests are allowed. | Verified |
| 93 | Department of Health and Human Services | Medicare Geographic Classification Review Board | HHSOMGCR0006 - Hearing Level - Procedures | No | Verified | |
| 94 | Department of Health and Human Services | Office of Attorney Advisor | HHSOMAPD0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Not verified |
| 95 | Department of Health and Human Services | Division of Compensation Analysis and Support | HHSONIOS0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Not verified |
| 96 | Department of Health and Human Services | Office of the Secretary | HHSOSUSD0011 - Hearing Level - Procedures | No | Not verified | |
| 97 | Department of Homeland Security | Discharge Review Board | DHSCCGDR0007 - Hearing Level - Procedures | No | Verified | |
| 98 | Department of Homeland Security | Hearing Board | DHSCCGID0009 - Hearing Level - Procedures | No | Not verified | |
| 99 | Department of Homeland Security | U.S. Citizen & Immigration Services Administrative Appeals Office | DHSCISAO0010 - Hearing Level - Procedures | Not verified | ||
| 100 | Department of Homeland Security | Coast Guard Retiring Review Board | DHSCCGRR0006 - Hearing Level - Procedures | Yes (All Types of Cases) | Evidence may be submitted to the Board by oral testimony under oath, or in the form of depositions or affidavits. 33 CFR 50.4(g). | Verified |
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