Displaying 101 - 200 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 |
|---|---|---|---|---|---|---|
| 101 | 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 |
| 102 | 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 |
| 103 | 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 |
| 104 | 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 |
| 105 | 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 |
| 106 | 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 |
| 107 | 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 |
| 108 | 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 |
| 109 | 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 |
| 110 | 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 |
| 111 | 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 |
| 112 | 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 |
| 113 | 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 |
| 114 | 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 |
| 115 | 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 |
| 116 | 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 |
| 117 | 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 |
| 118 | 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 |
| 119 | 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 |
| 120 | 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 |
| 121 | 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 |
| 122 | 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 |
| 123 | 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 |
| 124 | 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 |
| 125 | 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 |
| 126 | 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 |
| 127 | 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 |
| 128 | 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 |
| 129 | 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 |
| 130 | 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 |
| 131 | Office of Personnel Management | Office of the Chief Financial Officer | OPMOSOFF0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The debtor-employee may request to inspect (and copy) all OPM documents relating to the debt claimed. (5 CFR 179.206(a)(5)). | Not verified |
| 132 | Pension Benefit Guaranty Corporation | Office of the Chief Financial Officer | PBGCDEBT0002 - 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 4903.5(8)) | Verified |
| 133 | Postal Regulatory Commission | Office of Secretary and Administration | PRCOCOMP0001 - Hearing Level - Procedures | Yes (All Types of Cases) | All discovery that is reasonably calculated to lead to admissible evidence during a noticed proceeding is allowed. See 39 CFR 3001.25 | Not verified |
| 134 | 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 |
| 135 | Surface Transportation Board | Section of Financial Services | STBODEBT0003 - Hearing Level - Procedures | Yes (All Types of Cases) | The debtor-employee has the right to inspect and copy government records relating to the debt at issue. If he/she is unable to physically inspect the records, the agency will reproduce copies and may charge for such service. (49 CFR 1017.4(a)(5), (c)(4).) | Verified |
| 136 | United States African Development Foundation | Office of the Director of Financial Management | USADFSOF0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The debtor, upon request, may inspect and copy the agency's records related to the debt. (31 CFR 901.3(b)(4)) | Not verified |
| 137 | United States Agency for International Development | Office of the Chief Financial Officer | USAIDDBT0002 - 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 213.9(a)(2), 213.20(a)(2)(ii), 213.22(c)(5)) | Not verified |
| 138 | United States Agency for International Development | Office of the General Counsel | USAIDLBY0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Full "trial-type" discovery available pursuant to ALJ approval or mutual agreement of parties. Discovery methods include: document requests; requests for admission; interrogatories; and, depositions. (22 CFR 224.21) | Not verified |
| 139 | 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 |
| 140 | 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 |
| 141 | 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 |
| 142 | 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 |
| 143 | United States Peace Corps | Office of the Chief Financial Officer | PECOSOFF0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have a right, upon request, to inspect or copy Peace Corps records related to the debt at issue. If personal inspection is impractical, the agency will send records to the debtor-employee. (22 CFR 309.15(b)(5), 309.16(d)(2)-309.16(d)(3)). | Verified |
| 144 | Surface Transportation Board | Board | STBOMAIN0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | Oral Argument Cases (Parts 1113 & 1114): In formal cases on the oral argument track, discovery is available as of right. The discovery in these cases is akin to that allowed in federal district court (e.g., depositions, requests for production of documents, admissions, and inspection, interrogatories). Modified Procedures Cases (Part 1112): Most of the Board's cases are adjudicated under "modified procedures." In these cases (which are the majority of the cases before the Board), the Board may order discovery upon its own authority or upon approval of a party's request (i.e., rate cases under modified procedures). | Verified |
| 145 | Securities and Exchange Commission | Office of Administrative Law Judges | SECOOALJ0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Not verified | |
| 146 | Metropolitan Washington Airport Authority | Authority Employee Relations Council | MWAALABR0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | For unfair labor practice/negotiability cases (presided over by the ULPP), the Panel may request evidence before, during, or after formal proceedings. MWAR § 2.10(5)(a). The Panel may also order, or grant requests for, production of documents and witnesses. The Panel may order or take depositions. See MWAR § 2.10(5)(b). | Not verified |
| 147 | Office of the Comptroller of the Currency | Office of Financial Institution Adjudication | OCCXALJS0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | Broad document/ESI discovery; non-party discovery through subpoena; witness depositions; privilege and protective order opportunities, etc. See 12 C.F.R. §§ 19.24 - 19.27; 19.31; 19.170 - 19.171; 109.24 - 109.27; 109.31. | Not verified |
| 148 | United States Postal Service | Judicial Officer Department | USPSJODT0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery provided in 39 CFR Part 963. Informal discovery for 39 CFR Parts 961 and 966 as determined by the judge. No discovery for 39 CFR Part 965. | Verified |
| 149 | Department of Commerce | Patent Trial and Appeal Board | USDCPATE0021 - Hearing Level - Procedures | Yes (Some Types of Cases) | For AIA trials see, 37 CFR 42.51, 42.224 For ex parte appeals, discovery is not permitted. | Verified |
| 150 | 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 |
| 151 | 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 |
| 152 | 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 |
| 153 | Federal Communications Commission | Enforcement Bureau | FCCOMDRD0007 - Hearing Level - Procedures | Yes (Some Types of Cases) | In cases concerning formal complaints against common carriers, a complainant or defendant may file with the Commission and serve on the opposing party, a request for up to ten written interrogatories. The Commission may modify existing discovery or allow additional discovery, including, but not limited to, document production, depositions and/or additional interrogatories. 47 C.F.R. § 1.729. | Not verified |
| 154 | Federal Communications Commission | Enforcement Bureau | FCCOMDRD0009 - Hearing Level - Procedures | Yes (Some Types of Cases) | The Commission (or its delegated authority) may order evidentiary procedures upon any issues it finds to have been raised by the filings. | Not verified |
| 155 | Environmental Protection Agency | Office of Regional Operations | EPAOPRMT0006 - Hearing Level - Procedures | Yes (Some Types of Cases) | With one exception, discovery is not permitted during permit proceedings. For RCRA permits, the EPA Regional Administrator may, on a case-by-case basis, determine after submission of a permit application that there is a need for an "information repository." Establishing and maintaining the information repository is the responsibility of the facility. The information repository contains documents, reports, data, and other information deemed necessary by the regional administrator. The information repository is open to the public. (See 40 CFR 124.33) | Not verified |
| 156 | Department of Housing and Urban Development | Office of Fair Housing and Equal Opportunity | HUDOSECT0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | The Assistant Secretary (or his/her delegee) may conduct "further investigation if deemed necessary" of a section 3 complaint. (24 CFR 135.76(f)(1)) | Verified |
| 157 | Department of Housing and Urban Development | Office of Appeals | HUDOAPPJ0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | *Administrative Sanction cases (Part 17): Debtors are permitted to inspect and copy HUD records related to their debt. (See 24 CFR 17.67, 17.90(e); 31 CFR 285.11(e)(2)(i). *Nonprocurement Suspension/Debarment/LDF cases: Rules of procedure for nonprocurement proceedings do not expressly provide for discovery. See 24 CFR pts. 180, 2424. Unclear whether Part 26-Subpt. A rules (which permit discovery) are invoked when nonprocurement matter referred to Administrative Judge in cases with disputed facts. | Not verified |
| 158 | Department of Agriculture | National Appeals Division | USDANADO0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | The parties may agree among themselves to engage in discovery, but the Hearing Officer cannot compel discovery. Discovery may include depositions (testimony given outside the hearing under oath), interrogatories (written questions and answers), and document requests. When appropriate, appellant-requested agency witnesses will be made available. Otherwise, with the Directors concurrence, the Hearing Officer may issue subpoenas for witnesses and documents. | Verified |
| 159 | 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 |
| 160 | Department of Health and Human Services | Office of Medicare Hearings and Appeals | HHSOOBEN0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery is permitted if CMS or a CMS contractor elects party status in the appeal -- see 42 CFR 405.1037. Under Part 405 adjudications, CMS and CMS contractors may not elect party status if the appellant is an unrepresented beneficiary. Under Part 422 adjudications, the application of the 405 discovery rule is unclear -- the managed care plan (a type of CMS contractor) has party status pursuant to the statute. In Part 423 adjudications, CMS and CMS contractors are not permitted to take party status -- their role is limited to "participant" status, thus no discovery is permitted. Discovery can include limited depositions, interrogatories and document requests are allowed. | Verified |
| 161 | Department of Labor | Board of Alien Labor Certification Appeals (BALCA) | LABRBALC0006 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery is only permitted in cases where a hearing is set under 20 CFR §§ 655.171(b) or 656.27(e). 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 |
| 162 | General Services Administration | Civilian Board of Contract Appeals | GSAOCBCA0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Interrogatories, requests for admission, requests for production, depositions, and subpoenas compelling witnesses to produce books/papers/documents at a hearing or deposition. See 48 CFR 6101.13 - .16. | Verified |
| 163 | Department of Health and Human Services | Office of Hearings and Inquiries | HHSOOHAI0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | Discovery is permitted for the Medicaid State Plan Amendment cases pursuant to 42 CFR 430.86 | Verified |
| 164 | Small Business Administration | Office of Hearing and Appeal | SBAOGNRL0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | Requests for admissions, requests for production of documents, interrogatories, and depositions. See 13 CFR 134.213(b). The scope of discovery does not differ based upon the type of case, but a party may obtain discovery only upon motion, and for good cause shown. See 13 CFR 134.213(a). Also see 13CFR 134.301 (Size Determinations and NAICS code designations and 13 CFR 134.511 (Service Disabled Veteran Small Business Concerns). | Verified |
| 165 | Board of Governors of the Federal Reserve System | Board of Governors | FRSXBOAR0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | Depositions are allowed in some case types See 12 CFR 263.73, citing to 263.53. In this case type, deposition procedures for formal hearings are applicable to informal hearings. In other case types (See 12 CFR 263.203 and 204), procedure for discovery is not specified. In 12 CFR 263.402, no discovery is permitted. | Not verified |
| 166 | Department of Agriculture | Office of the Chief Conservationist | USDANRCS0021 - Hearing Level - Procedures | Yes (Some Types of Cases) | *Program Decisions: No discovery permitted. * NRCS Reconsideration of Preliminary Technical Determinations: As part of the reconsideration process for adverse preliminary technical determinations, a party, the designated conservationist who issued the preliminary determination, and a district representative (at the option of the conservation district), a district representative, conduct a field visit to the subject site "for the purpose of gathering additional information and discussing the [relevant] facts" to such determination. (7 CFR 614.7) * FSA County Committee Referral of Final Technical Determination Review to State Conservationist: If the FSA County Committee hearing the appeal of a technical determination under Title XII requests review of that determination by the State Conservationist, the State Conservationist designates "an appropriate NRCS official" to (a) any additional information needed for the review, and (b) obtain additional oral and documentary evidence from any party with personal knowledge; and (c) conduct a field visit. (7 CFR 614.10) | Not verified |
| 167 | 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 |
| 168 | Department of Housing and Urban Development | Departmental Enforcement Center | HUDODECO0009 - Hearing Level - Procedures | Yes (Some Types of Cases) | No discovery takes places unless there is first a determination that fact-finding is required. Upon the debarring official's determination that fact-finding is necessary, the case will be referred to an administrative judge for fact-finding, and discovery will be available. Interrogatories, requests for production, and depositions are all permitted. | Verified |
| 169 | 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 |
| 170 | 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 |
| 171 | Environmental Protection Agency | Office of Grants and Debarment | EPAOGRAN0005 - Hearing Level - Procedures | Yes (Some Types of Cases) | EPA, in the Notice of Acknowledgment following a timely appeal, "may identify any additional information or documentation that is required for thorough consideration" of the challenged agency decision. (40 CFR 31.73(a)). The applicant/grantee challenging EPA's agency decision is not entitled to conduct discovery or request documents. | Not verified |
| 172 | Environmental Protection Agency | Office of Financial Management | EPAOOFFS0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | In salary offset cases, there is no "traditional" trial-type discovery. However, a debtor-employee may, upon request inspect and copy all EPA records relating to the debt. (30 CFR 13.22(c)(5)). No discovery or inspection is provided for in regulations covering administrative or tax refund offset cases. | Not verified |
| 173 | Equal Employment Opportunity Commission | Office of the Chief Human Capital Officer | EEOCDEBT0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | Employee-debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted. | Verified |
| 174 | Farm Credit Administration | Unknown | FCAOSUSR0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | Formal rules of evidence apply as much as the Board says they apply in a particular proceeding. | Not verified |
| 175 | Federal Energy Regulatory Commission | Office of the Secretary | FERCCOMM0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | Proceedings Set for Hearing Under Subpart E: The Commission, as a hearing-level body, rarely conducts evidentiary hearings under Subpart E (18 CFR pt. 385, subpt. E). However, albeit rare, when the Commission does so, discovery available to parties 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). | Verified |
| 176 | Institute for Museum and Library Services | Office of General Counsel | IMLSNOND0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | As noted in 45 CFR 1110.9(d), the hearing, decision, and any administrative review is conducted in conformity with 5 U.S.C. 554-557. | Verified |
| 177 | National Science Foundation | Office of the General Counsel | NSFOFADJ0001 - Hearing Level - Procedures | Yes (Some Types of Cases) | *Antarctic Conservation Act/PFCRA/Anti-Lobbying Cases: Parties are required at prehearing conference disclose names of their witnesses and experts, along with copies of documents they intend to introduce at the hearing. Other forms of discovery (e.g., depositions) permitted only at the hearing officer's discretion upon showing of necessity and unavailability of information through other means. (45 CFR 604.405 (lobbying restrictions), 672.12(e) (ACA), 45 CFR 681.18 (PFCRA)) *Civil Rights/De-funding Cases: None specified in NSF regulations. (See 45 CFR Parts 605, 611, 617, 618) | Not verified |
| 178 | Nuclear Regulatory Commission | Office of General Counsel | NRCOALJO0002 - Hearing Level - Procedures | Yes (Some Types of Cases) | PFCRA : Full "traditional" discovery available (e.g., document requests, requests for admission, interrogatories, and depositions), though party seeking discovery must seek ALJ's approval to propound. (10 CFR 13.21) Debt Collection Cases: 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. (10 CFR 15.33(c)(1)(ii)(A), 16.7(b)(5)) Civil Rights Cases: No discovery permitted. | Not verified |
| 179 | Federal Mine Safety and Health Review Commission | Office of Administrative Law Judges | FMSHEAJA0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | 29 CFR 2704.306(b)-(c): On request of either the applicant or the Secretary, or on the ALJ's own initiative, the judge may order further proceedings, such as an informal conference, oral argument, additional written submissions or . . . pertinent discovery or an evidentiary hearing. If the proceeding was conceded by the Secretary on the merits, withdrawn by the Secretary, or otherwise settled before any of the merits were heard, the applicant and Secretary may supplement the record with affidavits and other documentary evidence | Not verified |
| 180 | Environmental Protection Agency | Regional Offices | EPAOCORR0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | For cases where corrective measures are necessary the respondent may file no more than 25 questions, including parts and subparts, to the EPA. See 40 CFR 24.14(d). The Hearing Officer can direct which questions the EPA has to answer at his discretion. He also may request the production of relevant papers, books, and documents. See 40 CFR 24.14(e). | Not verified |
| 181 | Federal Labor Relations Authority | Federal Labor Relations Authority | FLRAARBI0008 - Hearing Level - Procedures | No | Verified | |
| 182 | Federal Labor Relations Authority | Federal Labor Relations Authority | FLRABNEG0005 - Hearing Level - Procedures | No | Verified | |
| 183 | Federal Labor Relations Authority | Federal Service Impasses Panel | FLRAIMPP0007 - Hearing Level - Procedures | No | Verified | |
| 184 | Pension Benefit Guaranty Corporation | Appeals Board | PBGCERIS0001 - Hearing Level - Procedures | No | A participant or an employer may seek agency records via a FOIA request, and the Appeals Board permits a extension of time to allow the party to obtain available records before submitting an appeal. | Verified |
| 185 | Railroad Retirement Board | Office of the Secretary of the Board | RRBBDHRG0003 - Hearing Level - Procedures | No | No "traditional" discovery (egg, depositions, interrogatories), but Board members and hearing examiners may issues subpoenas duces tecum upon request. | Verified |
| 186 | Railroad Retirement Board | Bureau of Hearings and Appeals | RRBOBENE0001 - Hearing Level - Procedures | No | No "traditional" discovery available (e.g., depositions or interrogatories), but RRB may require claimant to submit to consultative examination at RRB's expense, at the initial, reconsideration, and hearings and appeals levels. Hearing officers also ask the claimant to provide copies of medical records or other evidence. Hearings officers may also request that the claimant's file be reviewed by an RRB consultative doctor. | Verified |
| 187 | Social Security Administration | Office of the Chief Administrative Law Judge | SSAOBENE0001 - Hearing Level - Procedures | No | Verified | |
| 188 | Selective Service System | Selective Service Local Board | SSSOEXEM0001 - Hearing Level - Procedures | No | Verified | |
| 189 | Metropolitan Washington Airport Authority | Appeal Office | MWAAPERM0002 - Hearing Level - Procedures | No | Not verified | |
| 190 | Securities and Exchange Commission | Office of Administrative Law Judges | SECOEAJA0002 - Hearing Level - Procedures | No | Not verified | |
| 191 | Securities and Exchange Commission | Commission | SECOFFDI0003 - Hearing Level - Procedures | No | Not verified | |
| 192 | Securities and Exchange Commission | Office of the Chief Financial Officer | SECOSOFF0005 - Hearing Level - Procedures | No | Not verified | |
| 193 | National Archives and Records Administration | Interagency Security Classification Appeals Panel | NARAISCA0003 - Hearing Level - Procedures | No | Not verified | |
| 194 | National Credit Union Administration | Board | NCUABDAP0002 - Hearing Level - Procedures | No | Not verified | |
| 195 | Nuclear Regulatory Commission | Office of the Secretary | NRCOIMEX0004 - Hearing Level - Procedures | No | 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 |
| 196 | Office of the Comptroller of the Currency | Unknown | OCCXIFML0002 - Hearing Level - Procedures | No | Not verified | |
| 197 | Office of the Comptroller of the Currency | Unknown (Licensing) | OCCXLCNS0003 - Hearing Level - Procedures | No | Not verified | |
| 198 | Department of Homeland Security | Hearing Board | DHSCCGID0009 - Hearing Level - Procedures | No | Not verified | |
| 199 | Department of Commerce | Foreign-Trade Zones Board | USDCFTZB0005 - Hearing Level - Procedures | No | Verified | |
| 200 | Department of Labor | OWCP Branch of Hearings and Review | LABRDFEC0007 - Hearing Level - Procedures | No | Only in cases where a hearing is set under 20 CFR § 656.27(e). 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) | Not verified |
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