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 | 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 |
| 2 | 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 |
| 3 | 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 |
| 4 | 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 |
| 5 | 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 |
| 6 | 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 |
| 7 | 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 |
| 8 | 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 |
| 9 | 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 |
| 10 | 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 |
| 11 | Inter-American Foundation | Office of the General Counsel | IAFOSOFF0002 - 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. (22 CFR 1007.4(b)(5)) | Not verified |
| 12 | 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 |
| 13 | 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 |
| 14 | 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 |
| 15 | 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 |
| 16 | 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 |
| 17 | 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 |
| 18 | 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 |
| 19 | 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 |
| 20 | Railroad Retirement Board | Office of the General Counsel | RRBPFCRA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | PFCRA : Full "traditional" discovery available (egg, document requests, requests for admission, interrogatories, and depositions), though party seeking discovery must seek ALJ's approval to propound. (45 CFR 2554.26) Administrative/Salary offset: Formal discovery devices are not expressly provided for, but the governing regulations guarantee debtors the right to inspect and copy government records pertaining to the debt, or to request and receive a copy of these records if they cannot personally inspect them. (45 CFR 2506.14(a)(5)) | Verified |
| 21 | Merit Systems Protection Board | Office of the Chairman | MSPBSOFF0003 - 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. (5 CFR 1215.4(a)(5)) | Not verified |
| 22 | 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 |
| 23 | 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 |
| 24 | 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 |
| 25 | 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 |
| 26 | 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 |
| 27 | National Archives and Records Administration | Office of the Archivist | NARAASOS0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have a right, upon request, to inspect or copy NARA records related to the debt at issue. If personal inspection of such records is impractical, "to receive copies of those records." 36 CFR 1201.14(a)(5). | Not verified |
| 28 | National Archives and Records Administration | Office of the Archivist | NARANDBS0004 - 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." 36 CFR 1211.620(d)(2) | Not verified |
| 29 | 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 |
| 30 | 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 |
| 31 | 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 |
| 32 | National Aeronautics and Space Administration | Office of the General Counsel | NASANAOO0001 - Hearing Level - Procedures | Yes (All Types of Cases) | 14 CFR 1264.120 The following types of discovery are authorized: (1) Requests for production of documents for inspection and copying; (2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. The presiding officer may grant a motion for discovery only if he/she finds that the discovery sought is necessary for the expeditious, fair, and reasonable consideration of the issues, will not be unduly burdensome, will not cause a delay, the information is not privileged. | Not verified |
| 33 | 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 |
| 34 | Department of Labor | OWCP Final Adjudication Branch | LABRATOM0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 35 | 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 |
| 36 | National Labor Relations Board | Regional Offices | NLRBREPR0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may request and obtain subpoeanas for production of documents and witnesses at hearing. | Verified |
| 37 | 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 |
| 38 | United States International Trade Commission | Office of the Administrative Law Judges | ITCXALJS0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, Requests for Production, ESI, Requests for Admissions, etc. | Verified |
| 39 | National Endowment for the Arts | Office of Management and Budget | NEAOOFFS0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have a right, upon request, to inspect or copy NEA records related to the debt at issue. If inspection of such records is impractical, "reasonable arrangements will be made to send . . . copies of the records." (45 CFR 1150.6(b)) | Not verified |
| 40 | 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 |
| 41 | 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 |
| 42 | 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 |
| 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 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 |
| 45 | 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 |
| 46 | National Endowment for the Humanities | Office of the General Counsel | NEHOOFFS0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have a right, upon request, to inspect or copy NEH records related to the debt at issue. (45 CFR 1179.4(b)(5)) | Not verified |
| 47 | National Indian Gaming Commission | Division of Finance | NIGCSOFF0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors may, upon request, inspect and copy the agency's records relating to the debt at issue. | Not verified |
| 48 | 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 |
| 49 | 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 |
| 50 | 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 |
| 51 | 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 |
| 52 | 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 |
| 53 | National Science Foundation | Office of Budget, Finance and Award Management | NSFODEBT0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors may, upon request, inspect and copy the agency's records relating to the debt at issue. | Not verified |
| 54 | 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 |
| 55 | 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 |
| 56 | 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 |
| 57 | 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 |
| 58 | 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 |
| 59 | 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 |
| 60 | 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 |
| 61 | 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 |
| 62 | Nuclear Regulatory Commission | Office of Administration | NRCODATA0003 - Hearing Level - Procedures | Yes (All Types of Cases) | 10 CFR 10.22(d) details the individual's right to request documents, records and reports which form the basis for the question of their eligibility. The individual may also request the entire investigative file to the extent permitted by national security interests and other applicable law. | Not verified |
| 63 | 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 |
| 64 | 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 |
| 65 | 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 |
| 66 | 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 |
| 67 | Office of Navajo and Hopi Indian Relocation | Office of the Executive Director | ONHIRBEN0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Applicants have a right to review ONHIR evidence produced relative to the challenged initial determination. The presiding officer may also permit depositions. Otherwise, regulations do not describe the scope of discovery, other than noting that "the scope of pre-hearing discovery of evidence shall be limited to relevant matters as determined by the Presiding Officer." (25 CFR 700.313(a)(3), (b)(4)) | Verified |
| 68 | Overseas Private Investment Corporation | Office of the VP/General Counsel | OPICLOBY0002 - Hearing Level - Procedures | Yes (All Types of Cases) | The Program Fraud Civil Remedies Act (PFCRA) specifies availability of discovery, but does not specify (or limit) available types. | Verified |
| 69 | 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 |
| 70 | 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 |
| 71 | 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 |
| 72 | Department of the Interior | Endangered Species Committee | DINTESAC0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 73 | Department of the Interior | Departmental Cases Hearings Division | DINTDEPT0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Witnesses, application for subpoena | Not verified |
| 74 | Department of the Interior | Office of the OHA Director | DINTAHOC0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 75 | 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 |
| 76 | 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 |
| 77 | 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 |
| 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 | Office of Personnel Management | Office of the General Counsel | OPMOPFCR0002 - Hearing Level - Procedures | Yes (All Types of Cases) | OPM is required, upon defendant's request, to disclose the following documents: (a) transcripts, records, or other materials related to the allegations in the complaint, and (b) copies of all exculpatory (non-privileged) information of the investigating or reviewing officials. (5 CFR 185.121(a)-(b)). Other types of discovery, unless mutually agreed by the parties, are only available by motion to, and order by, the ALJ: document requests; written interrogatories; and depositions. Motions to compel and for protective orders are permitted. (5 CFR 185.121 - 185.122) | Not verified |
| 80 | 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 |
| 81 | 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 |
| 82 | 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 |
| 83 | Merit Systems Protection Board | Office of Regional Operations | MSPBAPPJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | "Full" federal-court type discovery available to parties based on methods available in the Federal Rules of Civil Procedure (e.g., interrogatories, requests for documents or inspection, depositions, requests for admission). Absent prior approval, however, interrogatories limited to 25, and depositions to not more than 10. (5 CFR 1201.71 - 1201.83) | Not verified |
| 84 | 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 |
| 85 | 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 |
| 86 | 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 |
| 87 | United States Peace Corps | Office of the Chief Financial Officer | PECODEBT0002 - 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." (22 CFR 309.9(b)(8)) | Verified |
| 88 | 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 |
| 89 | 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 |
| 90 | 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 |
| 91 | 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 |
| 92 | Social Security Administration | Office of Budget, Finance, Quality, and Management | SSAOOFFG0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have the right to inspect and copy SSA records related to the debt at issue. See 20 CFR 422.315(a), 422.420 | Not verified |
| 93 | 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 |
| 94 | 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 |
| 95 | United States Parole Commission | Commission | USPCTRNF0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Transferee and his/her counsel have an opportunity to read and discuss the postsentence investigation report. | Not verified |
| 96 | United States Postal Service | Office of the Judicial Officer | USPSJOJO0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Broad discovery; most case types allow for depositions and interrogatories, some case types also allow for requests for admission and requests for production of documents. Hearing officer can limit discovery to avoid inefficiency or harassment, and issue sanctions for failure to appear or produce information. See 39 CFR 952.21, 954.16(d), 957.18, 959.20, 962.12, 963.14 and 964.9 | Not verified |
| 97 | United States Parole Commission | Commission | USPCREVC0004 - Hearing Level - Procedures | Yes (All Types of Cases) | 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) | Not verified |
| 98 | 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 |
| 99 | United States Parole Commission | Commission | USPCMAIN0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The prisoner/parolee is permitted to view his/her institutional file before the hearing and may inspect any parts that the Commission will use as a basis for its decision. If any portions of the file are exempted, by law, from being shown, those portions will be summarized and the summaries will be provided to the offender, if requested. 28 CFR 2.55 | Not verified |
| 100 | United States Commission on Civil Rights | Office of Management | USCCRSOF0001 - 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. (45 CFR 708.5(b)(5)) | Verified |
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