Displaying 1 - 100 of 364
# Agency Office Name Schemesort descending 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 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
2 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
3 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
4 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
5 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
6 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
7 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
8 Commodity Futures Trading Commission Office of the Executive Director CFTCCOLL0003 - Hearing Level - Procedures No Not verified
9 Commodity Futures Trading Commission Office of Proceedings CFTCEAJA0004 - Hearing Level - Procedures No Not verified
10 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
11 Commodity Futures Trading Commission Commission CFTCPRIV0002 - Hearing Level - Procedures No Not verified
12 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
13 Central Intelligence Agency Office of the General Counsel CIAODBAR0001 - Hearing Level - Procedures No Verified
14 Corporation for National and Community Service Office of the Chief Financial Officer CNCSDENI0002 - Hearing Level - Procedures No Not verified
15 Corporation for National and Community Service Department of the Chief Executive Officer CNCSDISC0001 - Hearing Level - Procedures No Not verified
16 Corporation for National and Community Service Department of the Chief Executive Officer CNCSSUSD0008 - Hearing Level - Procedures No Not verified
17 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
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 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 Department of Homeland Security Discharge Review Board DHSCCGDR0007 - Hearing Level - Procedures No Verified
22 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
23 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
24 Department of Homeland Security Hearing Board DHSCCGID0009 - Hearing Level - Procedures No Not verified
25 Department of Homeland Security Board for Correction of Military Records DHSCCGMR0008 - Hearing Level - Procedures No Verified
26 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
27 Department of Homeland Security U.S. Citizen & Immigration Services Administrative Appeals Office DHSCISAO0010 - Hearing Level - Procedures Not verified
28 Department of the Interior Office of the OHA Director DINTAHOC0005 - Hearing Level - Procedures Yes (All Types of Cases) Not verified
29 Department of the Interior BIA Director DINTBIAA0001 - Hearing Level - Procedures No Regulations contain no provisions authorizing discovery. Not verified
30 Department of the Interior Departmental Cases Hearings Division DINTDEPT0004 - Hearing Level - Procedures Yes (All Types of Cases) Witnesses, application for subpoena Not verified
31 Department of the Interior Endangered Species Committee DINTESAC0008 - Hearing Level - Procedures Yes (All Types of Cases) Not verified
32 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
33 Department of the Interior ONRR Director DINTONRR0006 - Hearing Level - Procedures No Not verified
34 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
35 Department of the Interior Bureau of Reclamation Commissioner DINTRECL0007 - Hearing Level - Procedures No Not verified
36 Department of the Interior Office of the Secretary DINTSECY0009 - Hearing Level - Procedures Not verified
37 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
38 Department of Education Office of the General Counsel DOEDFARO0004 - Hearing Level - Procedures No Not verified
39 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
40 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
41 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
42 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
43 Department of Energy Office of Civil Rights DOENDSCR0014 - Hearing Level - Procedures No Not verified
44 Department of Energy Office of Infrastructure Security & Energy Restoration DOENISER0003 - Hearing Level - Procedures No Not verified
45 Department of Energy Office of the Assistant General Counsel for Technology Transfer DOENLGOI0011 - Hearing Level - Procedures No Not verified
46 Department of Energy Office of the General Counsel (NNSA) DOENLGOI0012 - Hearing Level - Procedures No Not verified
47 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
48 Department of Energy Office of Procurement and Assistance Management DOENNPSD0006 - Hearing Level - Procedures No Not verified
49 Department of Energy Office of Acquisition and Supply Management (NNSA) DOENNPSD0007 - Hearing Level - Procedures No Not verified
50 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
51 Department of Energy Patent Compensation Board (NNSA) DOENPCBD0010 - Hearing Level - Procedures Not verified
52 Department of Energy Office of Procurement and Assistance Management DOENSUSD0008 - Hearing Level - Procedures No Not verified
53 Department of Energy Office of Acquisition and Supply Management (NNSA) DOENSUSD0009 - Hearing Level - Procedures No Not verified
54 Department of Justice Bureau of Prisons DOJXBOPC0005 - Hearing Level - Procedures No Not verified
55 Department of Justice Bureau of Prisons DOJXBOPD0004 - Hearing Level - Procedures No Not verified
56 Department of Justice Bureau of Prisons DOJXBOPP0006 - Hearing Level - Procedures No Not verified
57 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
58 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
59 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
60 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
61 Department of Justice Board of Immigration Appeals DOJXEOIR0003 - Hearing Level - Procedures No Not verified
62 Department of Justice Office of the Deputy Administrator DOJXIDEA0011 - Hearing Level - Procedures No Not verified
63 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
64 Department of Justice Public Safety Officers' Benefits Office DOJXPSOB0013 - Hearing Level - Procedures Not verified
65 Department of Justice Office of the Deputy Attorney General DOJXPUBD0016 - Hearing Level - Procedures No Not verified
66 Department of Justice Office of the Director DOJXPUBF0017 - Hearing Level - Procedures No Not verified
67 Department of Justice Radiation Exposure Compensation Program DOJXRECA0007 - Hearing Level - Procedures No Not verified
68 Department of Justice September 11th Victim Compensation Fund DOJXVCFX0009 - Hearing Level - Procedures No Verified
69 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
70 Department of State Attestation Program Review Board DOSAVATT0004 - Hearing Level - Procedures No Verified
71 Department of State Office of the Procurement Executive DOSFARSD0010 - Hearing Level - Procedures No Not verified
72 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
73 Department of State Grievance Staff DOSOCSGO0002 - Hearing Level - Procedures No Not verified
74 Department of State Office of Federal Assistance Financial Management CGFS/FPRA/FAFM DOSONOND0009 - Hearing Level - Procedures No Verified
75 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
76 Department of State Office of the Procurement Executive DOSOSUSD0011 - Hearing Level - Procedures No Not verified
77 Department of State Office of the Deputy Assistant Secretary for Passport Services DOSPASSP0003 - Hearing Level - Procedures No A person whose passport has been denied or revoked may request an oral hearing. If no hearing requested, the matter is adjudicated on a "paper" record. (22 CFR 51.70) Not verified
78 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
79 Department of Transportation Office of Chief Counsel DOTRCHRT0016 - Hearing Level - Procedures -49 CFR 604.38(a): "Permissible forms of discovery shall be within the discretion of the PO." -49 CFR 604.39(a): "For good cause shown, the PO may order that the testimony of a witness may be taken by deposition and that the witness produce documentary evidence in connection with such testimony." Not verified
80 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
81 Department of Transportation Office of the Assistant Secretary for Budget and Programs, or Office of the Assistant Secretary for Administration, or Head of the Operating Administration DOTRDEBT0018 - Hearing Level - Procedures Yes (Some Types of Cases) Various sections afford the debtor the right to inspect and copy the Department's records relating to the debt. See 49 CFR 92.11(b)(7) (administrative and salary offsets); see also 31 CFR 285.11(e)(2)(i) (wage garnishments). There is no similar provision in the regulations governing tax refund offsets, however. Not verified
82 Department of Transportation Office of the Secretary DOTREMPL0019 - Hearing Level - Procedures Yes (Some Types of Cases) -There is no express provision for discovery across all cases. Nevertheless, 49 CFR 98.7(c) states: "In a hearing under this part, the Federal Rules of Civil Procedure and Evidence do not apply. However, the examiner may make such orders and determinations regarding discovery . . . and similar matters the examiner deems necessary or appropriate to ensure orderliness in the proceedings and fundamental fairness to the parties." Not verified
83 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
84 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
85 Department of Transportation Office Of Dispute Resolution For Acquisition DOTRFAAD0003 - Hearing Level - Procedures Yes (Some Types of Cases) The parties may engage in discovery only at the discretion of the judge. Depositions are permitted at the discretion of the judge. The use of interrogatories and requests for admission is not permitted. Not verified
86 Department of Transportation Office of Hearings DOTRFMCS0004 - Hearing Level - Procedures Yes (Some Types of Cases) -In 'informal' hearing cases, "no discovery will be allowed." 49 CFR 386.16(b)(4)(i)(A). In 'formal' hearing cases, discovery methods include depositions, interrogatories, requests for production, physical/mental examinations, and requests for admission. See 49 CFR 386.37(a) Not verified
87 Department of Transportation Office of Hearings DOTRFRRA0005 - Hearing Level - Procedures Yes (All Types of Cases) Not verified
88 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
89 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
90 Department of Transportation Office of the Assistant Secretary for Administration DOTRNPRC0008 - Hearing Level - Procedures No Not verified
91 Department of Transportation Office of Hearings DOTROOSE0009 - Hearing Level - Procedures Yes (All Types of Cases) Depositions Not verified
92 Department of Transportation Office of Hearings DOTRPIPE0010 - Hearing Level - Procedures Not verified
93 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
94 Department of Transportation Office of the Administrator DOTRSCBS0012 - Hearing Level - Procedures Not verified
95 Department of Transportation Office of Hearings DOTRSECR0013 - Hearing Level - Procedures Not verified
96 Department of Transportation Office of the Administrator DOTRSHIP0014 - Hearing Level - Procedures Not verified
97 Department of Transportation Joint Tolls Review Board DOTRTOLL0015 - Hearing Level - Procedures Yes (Some Types of Cases) 33 CFR 403.9 permits the Board to convene prehearing conferences to discuss, inter alia, "(d) [t]he mutual exchange among the parties of documents and exhibits proposed to be submitted at the hearing." The Board also has authority to request discovery for itself. See 33 CFR 403.6 ("The Board may require further information, particulars or documents from any party"). Not verified
98 Department of Veterans Affairs Office of the General Counsel DOVAACCR0011 - Hearing Level - Procedures Yes (Some Types of Cases) The hearing officer may permit, at his or her discretion, discovery if requested by the parties. Verified
99 Board of Veterans' Appeals Board DOVABENE0001 - Hearing Level - Procedures No Verified
100 Department of Veterans Affairs Office of the Under Secretary for Memorial Affairs DOVABURI0005 - Hearing Level - Procedures No Not verified

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