Displaying 1 - 100 of 143
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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 | 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 |
| 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 | Labor Relations Panel | FRSXLRPX0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Production of documents, depositions (12 CFR 269b.442). | Not verified |
| 4 | 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 |
| 5 | 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 |
| 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 | 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 |
| 8 | 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 |
| 9 | 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 |
| 10 | 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 |
| 11 | 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 |
| 12 | 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 |
| 13 | 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 |
| 14 | 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 |
| 15 | 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 |
| 16 | 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 |
| 17 | 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 |
| 18 | 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 |
| 19 | 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 |
| 20 | 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 |
| 21 | 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 |
| 22 | 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 |
| 23 | 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 |
| 24 | 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 |
| 25 | 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 |
| 26 | 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 |
| 27 | 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 |
| 28 | 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 |
| 29 | 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 |
| 30 | 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 |
| 31 | 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 |
| 32 | 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 |
| 33 | 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 |
| 34 | 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 |
| 35 | 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 |
| 36 | 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 |
| 37 | 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 |
| 38 | 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 |
| 39 | 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 |
| 40 | 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 |
| 41 | Department of Homeland Security | Office of the Chief Administrative Law Judge | DHSCCGFM0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Witness lists with expected testimony, exhibits. Further forms of discovery are available only by ALJ's order, including interrogatories, depositions, and document production. 33 CFR 20 Subpart F. | Verified |
| 42 | Department of Homeland Security | Coast Guard Hearing Office | DHSCCGHP0004 - Hearing Level - Procedures | Yes (All Types of Cases) | "The alleged violator may, upon request, receive a free copy of all the written evidence in the case file, except material that would disclose or lead to the disclosure of the identity of a confidential informant. Other evidence or material, such as blueprints, sound or video tapes, oil samples, and photographs may be examined in the Hearing Officer's offices. The Hearing Officer may provide for examination or testing of evidence at other locations if there are adequate safeguards to prevent loss or tampering." 33 CFR 1.07-30 | Verified |
| 43 | 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 |
| 44 | Department of Housing and Urban Development | Office of Hearings and Appeals | HUDOHALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | All Pt. 26 Cases: discovery is available upon agreement of parties or as ordered by the ALJ. Forms of discovery available: requests for productions of documents, written interrogatories, and oral depositions, and requests for admission. Discovery-related motions practice (e.g., motions to compel and for protective order) are also permitted. See 24 CFR 26.42 - 26.44; 26.18; 24 CFR pt. 180, subpt. E. Rules governing civil rights matters also impose a supplementation duty on parties. 24 CFR 180.505. ALJ may order discovery necessary for expeditious, fair and reasonable consideration of issues. // PFCRA cases: The defendant has right to review, upon request to General Counsel, any exculpatory or nonprivileged documents related to the complaint. Apart from that only limited discovery is permitted at the discretion of the ALJ who determines it necessary for the fair consideration of the issues without being unduly costly or unreasonably delaying the proceedings. See 24 CFR 26.42(b). | Verified |
| 45 | Department of Justice | Office of the Chief Immigration Judge | DOJXEOIR0001 - Hearing Level - Procedures | Yes (All Types of Cases) | If an Immigration Judge is satisfied that a witness is not reasonably available at the place of hearing and that said witness' testimony or other evidence is essential, the Immigration Judge may order the taking of deposition either at his or her own instance or upon application of a party. Such order shall designate the official by whom the deposition shall be taken, may prescribe and limit the content, scope, or manner of taking the deposition, and may direct the production of documentary evidence. 8 CFR 1003.35(a) If the witness is at a distance of more than 100 miles from the place of the proceeding, the subpoena shall provide for the witness' appearance at the Immigration Court nearest to the witness to respond to oral or written interrogatories, unless there is no objection by any party to the witness' appearance at the proceeding. 8 CFR 1003.35(b)(4) | Verified |
| 46 | Department of Justice | Office of the Chief Administrative Hearing Officer | DOJXEOIR0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things, or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admissions. The frequency or extent of these methods may be limited by the Administrative Law Judge upon his or her own initiative or pursuant to a motion for a protective order. 28 CFR 68.18. | Verified |
| 47 | Department of Justice | Access Review Committee | DOJXCLAS0014 - Hearing Level - Procedures | Yes (All Types of Cases) | The applicant may request documents, records or reports, including the entire investigative file upon which a denial or revocation is based. 28 CFR 17.47(a)(2). | Not verified |
| 48 | Department of Justice | Office of the Administrative Law Judges | DOJXDRUG0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery may be obtained by one or more of the methods provided under the Federal Rules of Civil Procedure, including: written interrogatories, depositions, requests for production of documents or things for inspection or copying, and requests for admission addressed to parties. 28 CFR 76.21. | Not verified |
| 49 | Department of Justice | Office of the Attorney General | DOJXNEWS0012 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is permitted by any party, "as provided in the Federal Rules of Civil Procedure; except that the ALJ may place such limits as s/he deems reasonable on the time and manner of taking discovery in order to avoid unnecessary delays in the proceedings." 28 CFR 48.10(a)(3). | Not verified |
| 50 | Department of Labor | Office of Administrative Law Judges (OALJ) | LABROALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions upon oral examination or written questions; written interrogatories; production of documents or other evidence for inspection and other purposes; and requests for admission. (29 CFR § 18.13) | Verified |
| 51 | Department of Labor | OWCP Final Adjudication Branch | LABRATOM0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 52 | Department of Labor | Office of Administrative Law Judges (OALJ) | LABROALJ0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions; interrogatories. See 20 CFR §§ 702.341 and 725.458. | Verified |
| 53 | Department of State | Foreign Service Grievance Board | DOSFSGBA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | While traditional court-type discovery is unavailable, and grievant may request copies of agency documents or records related to the grievance, subject to privilege or national security considerations. The documents normally shall be provided within 15 days of a request. (22 CFR 16.3(b)(2); 3 FAM 4426.1) | Not verified |
| 54 | Department of State | Office of Defense Trade Controls Compliance | DOSARMSC0006 - Hearing Level - Procedures | Yes (All Types of Cases) | The respondent, through the ALJ, may request relevant, non-privileged documents from the Directorate of Defense Trade Controls that "may be necessary or helpful in preparing a defense." The Directorate (or the ALJ) may also propound discovery requests on the respondent so long as "relevant and material." (22 CFR 128.6(a) - (b)) | Not verified |
| 55 | Department of State | Office of the Assistant Secretary for Administration | DOSOSOFF0007 - 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. (22 CFR 34.8(b)(8), 34.13(e)) | Not verified |
| 56 | Department of State | Bureau of the Comptroller and Global Financial Services | DOSPFCRA0008 - Hearing Level - Procedures | Yes (All Types of Cases) | "Full" trial-type discovery (e.g., document requests, requests for admission, written interrogatories, depositions) permitted upon approval of the ALJ or agreement of the parties. (22 CFR 35.21) | Not verified |
| 57 | Department of the Interior | Office of the OHA Director | DINTAHOC0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 58 | Department of the Interior | Departmental Cases Hearings Division | DINTDEPT0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Witnesses, application for subpoena | Not verified |
| 59 | Department of the Interior | Endangered Species Committee | DINTESAC0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 60 | Department of the Interior | Interior Board of Land Appeals | DINTIBLA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | ALJ may subpoena witnesses, depositions 43 CFR 4.423; governed by the Act of January 31, 1903 (43 U.S.C. 102-106), and 28 U.S.C. 1821. | Not verified |
| 61 | Department of the Interior | Indian Probate Hearings Division | DINTPROB0003 - Hearing Level - Procedures | Yes (All Types of Cases) | May request documents, depositions, interrogatories, admission of facts. The judge may limit the time, place and scope of discovery. | Not verified |
| 62 | Department of the Treasury | Office of Administrative Law Judges | TRSYALJS0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Oral and written depositions allowed for all cases (31 C.F.R. 501.730 - 501.731, 10.71), and requests for admission are also allowed for IRS disciplinary cases (31 C.F.R. 10.71). TTB: Depositions generally allowed for all cases. 27 C.F.R. 71.125. Production of documents can be required by subpoena. 27 C.F.R. 71.125 - 71.126. The Federal Rules of Civil Procedure are deemed a guide for any other manner of discovery not specifically provided for by TTB's regulations. 27 C.F.R. 71.2. | Verified |
| 63 | Department of Transportation | Office of Hearings | DOTRFAAD0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions in accordance with section 1004 of the Federal Aviation Act of 1958 or Rule 26 of the Federal Rules of Civil Procedure. Interrogatories and requests for the production of documents are also permissible means of discovery. | Not verified |
| 64 | Department of Transportation | Office of Airport Compliance and Management Analysis | DOTRFAAD0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is limited to requests for admissions, requests for production of documents, interrogatories, and depositions. | Not verified |
| 65 | Department of Transportation | Office of Hearings | DOTRFRRA0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 66 | Department of Transportation | Office of Hearings | DOTRMERC0006 - Hearing Level - Procedures | Yes (All Types of Cases) | 46 CFR 201.109 - request for production of documents; 46 CFR 201.110 - depositions and written interrogatories; 46 CFR 201.122 - subpoenas duces tecum. Though available across all case types, these discovery methods are only permitted upon motion to the presiding officer. See id. | Not verified |
| 67 | Department of Transportation | Office of Hearings | DOTRNHTS0007 - Hearing Level - Procedures | Yes (All Types of Cases) | 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 admissions; or (4) testimony upon oral examination. Unless the Presiding Officer otherwise orders under paragraph (d) of this section, the frequency of use of these methods is not limited. | Not verified |
| 68 | Department of Transportation | Office of Hearings | DOTROOSE0009 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions | Not verified |
| 69 | Department of Transportation | Office of Hearings | DOTRPRFR0011 - Hearing Level - Procedures | Yes (All Types of 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. See 49 CFR 31.21(c). The ALJ authorizes discovery only when it satisfies/does not offend the conditions in 49 CFR 31.21(d)(3). | Not verified |
| 70 | Department of Transportation | Office of Civil Rights | DOTRCVRT0017 - Hearing Level - Procedures | Yes (All Types of Cases) | 49 CFR 21.15(d)(2) - ". . . rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the officer conducting the hearing. ... All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues." | Not verified |
| 71 | Department of Veterans Affairs | Office of Administrative Law Judges | DOVAPFCR0007 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is only available as ordered by the ALJ. The types of discovery include: (1) requests for production of documents for inspection and copying; (2) requests for admissions of the authenticity of any relevant document or the truth of any relevant fact; (3) written interrogatories; and (4) depositions. See 38 CFR 42.21 | Not verified |
| 72 | Department of Veterans Affairs | Office of the Secretary | DOVANOND0006 - Hearing Level - Procedures | Yes (All Types of Cases) | "All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues." 38 CFR 18.9(d)(2) Further, testimony may be taken by deposition, in the discretion of the hearing officer. See 38 CFR 18b.55 In addition, parties may request admission of the genuineness and authenticity of any relevant documents, or for the admission of truth in any of the relevant documents. See 38 CFR 18b.56 | Not verified |
| 73 | Environmental Protection Agency | Office of Administrative Law Judges | EPAOOALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The Rules of Procedure generally provide for parties to engage in a "prehearing information exchange," which includes, but is not limited to, providing the opposing party or parties (and the Tribunal) with a list of anticipated lay and expert witnesses to be called at hearing along with summaries of their expected testimony; copies of all documents and exhibits expected to be introduced at the hearing; and the agency's calculations for proposed penalties (in cases seeking civil penalties) or Respondent's bases for challenging the penalty, including an inability to pay. Parties have an affirmative obligation to supplement their exchanges if it is discovered that the information is incomplete, inaccurate, or out of date. Additional discovery is permitted only upon motion and leave from the presiding ALJ. Such additional discovery generally involves depositions and requests for admission, but can also involve interrogatories, document production, site visits, sample testing, etc. (See 40 C.F.R. § 22.19). In addition, parties are strongly encouraged to stipulate to uncontested facts and witness testimony prior to hearing so that the limited time allocated to hearing can efficiently focus on factual matters actually in dispute. Parties are also permitted to file pre-hearing motions to narrow the issues for hearing and pre-hearing briefs to set forth their positions regarding factual and legal matters in dispute. | Verified |
| 74 | Environmental Protection Agency | Regional Offices | EPAOREGI0012 - Hearing Level - Procedures | Yes (All Types of Cases) | "Respondent's information exchange pursuant to § 22.19(a) shall include information on any economic benefit resulting from any activity or failure to act which is alleged in the administrative complaint to be a violation of applicable law, including its gross revenues, delayed or avoided costs. Discovery under § 22.19(e) shall not be authorized, except for discovery of information concerning respondent's economic benefit from alleged violations and information concerning respondent's ability to pay a penalty." 44 CFR 22.52. | Not verified |
| 75 | Equal Employment Opportunity Commission | Office of Field Programs | EEOCFEDS0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties have a right to conduct discovery as needed for "reasonable development of evidence." If the parties cannot agree in writing to the methods and scope of discovery, the propounding party may seek authorization from the AJ. Potential discovery methods include: interrogatories, depositions, document requests, and requests for admission. (29 CFR 1614.109(d)) | Verified |
| 76 | Equal Employment Opportunity Commission | Office of Federal Operations | EEOCGOVT0001 - Hearing Level - Procedures | Yes (All Types of Cases) | "Full" federal court-type discovery available as of right to parties. Discovery may include: interrogatories (up to 20); depositions; document requests; and requests for admission. Discovery proceedings are governed by the Federal Rules of Civil Procedure. (29 CFR 1603.210) | Verified |
| 77 | Farm Credit Administration | Unknown | FCAOCIVP0004 - Hearing Level - Procedures | Yes (All Types of Cases) | "Thirty (30) days prior to the hearing, parties shall exchange a list of the names of witnesses with a general description of their expected testimony, and a list and one copy of all documents or other physical exhibits which will be introduced in evidence in the course of the proceeding." 12 CFR 622.7(c) | Not verified |
| 78 | Federal Communications Commission | Investigations and Hearings Division | FCCOINHD0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may take depositions, send interrogatories, or make requests for production of documents. | Not verified |
| 79 | Federal Communications Commission | Enforcement Bureau | FCCOMDRD0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Each party, with its initial pleading, shall serve copies of all documents in the possession, custody or control of the party that are likely to bear significantly on any claim or defense. In pre-status conference, parties may request the production of additional document, seek leave to conduct a reasonable number of depositions. However, interrogatories should not be routinely granted. Parties may also obtain expert witnesses, but they are also subject to depositions. | Not verified |
| 80 | Federal Communications Commission | Enforcement Bureau | FCCOMDRD0010 - Hearing Level - Procedures | Yes (All Types of Cases) | Scope of discovery is determined on a case-by-case basis. The Commission (or its delegated authority) may in its discretion order discovery limited to the issues specified by the Commission. Such discovery may include answers to written interrogatories, depositions, document production, or requests for admissions. | Not verified |
| 81 | Federal Communications Commission | Enforcement Bureau | FCCOTCCD0011 - Hearing Level - Procedures | Yes (All Types of Cases) | Complainant may file up to 10 written interrogatories. Additional discovery is at the discretion of the hearing officer, but may include document production, depositions, or additional interrogatories. See 47 C.F.R. § 14.47. | Not verified |
| 82 | Federal Energy Regulatory Commission | Office of Administrative Law Judges and Dispute Resolution | FERCALJO0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Types and scope of discovery available for matters set for hearing under Subpart E is similar to federal district court. Discovery mechanisms include: depositions of parties, corporations/entities, non-parties, and experts; data requests; interrogatories;document requests; inspection requests; requests for admission. (18 CFR pt. 385, subpt. D). Discovery motions practice available, including: motions to compel, motions to quash subpoenas, or motions for order limiting discovery. ALJs also have the authority to sanction parties for discovery abuses or failure to comply with a discovery order. FERC rules expressly provide that parties have no continuing duty to supplement discovery responses. FERC has differentiated case management, which establishes default discovery time frames; ALJs have discretion to adjust as required to meet the needs of a case. | Verified |
| 83 | Federal Housing Finance Agency | Office of the Director | FHFAENFO0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Document discovery, where documents include "records, drawings, graphs, charts, photographs, recordings, or data stored in electronic form or other data compilations from which information can be obtained or translated, if necessary, by the parties through detection devices into reasonably usable form (e.g., electronically stored information), as well as written material of all kinds." 12 CFR 1209.29(a)(1). Some documents, such as privileged documents, are not discoverable. Discovery procedures are outlined in 12 CFR 1209.29-1209.31. | Not verified |
| 84 | Federal Labor Relations Authority | Office of the Regional Director (7 Regional Offices) | FLRABREP0003 - Hearing Level - Procedures | Yes (All Types of Cases) | "Two (2) copies of documentary evidence shall be submitted and a copy furnished to each of the other parties." 22 CFR 1422.11(a) | Verified |
| 85 | Federal Labor Relations Authority | Office of Administrative Law Judges | FLRABULP0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 86 | Federal Labor Relations Authority | Office of the Regional Director (7 Regional Offices) | FLRAREPE0001 - Hearing Level - Procedures | Yes (All Types of Cases) | "After a petition is filed, all parties must, upon request of the Regional Director, furnish the Regional Director and serve all parties affected by issues raised in the petition with information concerning parties, issues, and agreements raised in or affected by the petition." 5 CFR 2422.15(a) It is not true discovery in the civil litigation sense but information sharing. The process is not adversarial. | Verified |
| 87 | Federal Labor Relations Authority | Office of Administrative Law Judges | FLRAUNLP0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties must exchange "[p]roposed witness lists, including a brief synopsis of the expected testimony of each witness; [c]opies of documents, with an index, proposed to be offered into evidence; and [a] brief statement of the theory of the case, including relief sought, and any and all defenses to the allegations in the complaint." 5 CFR 2423.23 | Verified |
| 88 | Federal Maritime Commission | Office of Administrative Law Judges | FMCOSHIP0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Oral and written depositions, written interrogatories, production of documents, and requests for admission are all permitted under discovery. | Verified |
| 89 | Federal Mediation and Conciliation Service | Budget & Finance | FMCSSOFF0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtor is not permitted to conduct full "traditional" discovery, but, upon request, may inspect and copy records related to the debt. (29 CFR 1450.21(a)(5)) | Verified |
| 90 | Federal Mine Safety and Health Review Commission | Office of Administrative Law Judges | FMSHFADJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | *For All Matters Except Simplified Proceedings: Parties may obtain discovery of any relevant, non-privileged matter that is admissible evidence or appears to lead to discovery of admissible evidence (29 CFR 2700.56(b)).Methods of discovery include: depositions, interrogatories, requests for admissions, production of documents, and requests for permission to enter property for inspecting, copying, photographing, and gathering information. (29 CFR 2700.56(a)) * Simplified Proceedings (29 CFR 2700 Subpart J): Mandatory disclosure and exchange of information by parties within 45 days of designation of simplified proceeding. Disclosures cover any information in parties' possession, custody or control that may be used to support claim or defense. Disclosing party must provide privilege log for non-disclosed documents withheld on basis of privilege. Aside from mandatory disclosures, no additional discovery permitted in simplified proceedings except as ordered by presiding ALJ. | Verified |
| 91 | Federal Mine Safety and Health Review Commission | Office of Administrative Law Judges | FMSHCITA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | After an answer has been filed, a party may conduct discovery, including depositions, interrogatories, and requests for admissions, for production of documents, or for inspections. 29 CFR 2700.58 | Not verified |
| 92 | Federal Mine Safety and Health Review Commission | Office of Administrative Law Judges | FMSHCONT0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may obtain discovery by one or more of the following methods: Depositions upon oral exam or written questions; written interrogatories; requests for admission, for production of documents or objects or for permissions to enter upon property for inspecting, copying, photographing, and gathering information. Parties may obtain discovery of any relevant, non-privileged matter that is admissible evidence or appears likely to lead to the discovery of admissible evidence. | Not verified |
| 93 | Federal Retirement Thrift Investment Board | Office of the Executive Director | FRTIBSOF0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors may, upon request, inspect and copy agency records related to the disputed debt. (5 CFR 1639.23(d), 1639.51(b)) | Not verified |
| 94 | Federal Trade Commission | Office of Administrative Law Judges | FTCAADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery process and types similar to federal district court actions: mandatory initial disclosures; depositions (oral or written); interrogatories; requests for admission; document requests; expert disclosures and discovery; subpoenas duces tecum, ad testificandum, and for inspection. Motion practice (e.g., motions to compel, motions for protective order) permitted by parties and heard by ALJ. (16 CFR 3.31 - 3.40). | Verified |
| 95 | Foreign Claims Settlement Commission | Commission | FCSCADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Claimants may seek, upon Commission approval and issuance/order (as applicable), discovery through subpoenas duces tecum and depositions (oral or written). (45 CFR 501.2, 501.5) | Verified |
| 96 | Foreign Claims Settlement Commission | Commission | FCSCCLMS0002 - Hearing Level - Procedures | Yes (All Types of Cases) | The Commission has authority to order that testimony be taken by deposition. Any person may be compelled to appear and depose, and to produce books, papers, documents, records, correspondence and other evidence. | Not verified |
| 97 | General Services Administration | Office of the Chief Acquisition Officer | GSAOFARG0003 - Hearing Level - Procedures | Yes (All Types of Cases) | 48 CFR 509.406-3(d)(2) - "A party proposed for debarment . . . (ii) May request and receive a copy of the administrative record that was the basis for the proposed debarment. If information is withheld, the party will be notified and provided the reason." This procedure applies to suspension actions by virtue of 48 CFR 509.407-3(a). | Not verified |
| 98 | General Services Administration | Office of the General Counsel | GSAOPRFR0001 - Hearing Level - Procedures | Yes (All Types of 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. See 41 CFR 105-70.021. The ALJ authorizes discovery only when it satisfies/does not offend the conditions in 105-70.021(d)(3). | Not verified |
| 99 | Government Accountability Office | Contract Appeals Board | GAOOCONT0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, requests for admission, production of documents. | Not verified |
| 100 | Government Accountability Office | Personnel Appeals Board | GAOOPERS0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Federal Rules of Civil Procedure provide guidance, but they are not mandatory. Deposition, subpoena, interrogatories, and admissions are permitted. | Verified |
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