Displaying 201 - 300 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 |
|---|---|---|---|---|---|---|
| 201 | 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 |
| 202 | Farm Credit Administration | Unknown | FCAOCLAM0001 - Hearing Level - Procedures | Not verified | ||
| 203 | Farm Credit Administration | Credit Review Committee | FCAOLOAN0002 - Hearing Level - Procedures | No | Not verified | |
| 204 | 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 |
| 205 | Federal Communications Commission | Office of Administrative Law Judges | FCCOCOLL0001 - Hearing Level - Procedures | No | Not verified | |
| 206 | Federal Communications Commission | Office of Administrative Law Judges | FCCOEAJA0002 - Hearing Level - Procedures | Not verified | ||
| 207 | Federal Communications Commission | Commission | FCCOEQUI0003 - Hearing Level - Procedures | No | Not verified | |
| 208 | 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 |
| 209 | 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 |
| 210 | 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 |
| 211 | 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 |
| 212 | 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 |
| 213 | 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 |
| 214 | Federal Election Commission | Commission | FECOADMN0002 - Hearing Level - Procedures | No | Verified | |
| 215 | Federal Election Commission | Commission | FECOREPA0001 - Hearing Level - Procedures | No | Verified | |
| 216 | 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 |
| 217 | 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 |
| 218 | Federal Housing Finance Agency | Office of the Director | FHFACAPC0003 - Hearing Level - Procedures | No | Not verified | |
| 219 | Federal Housing Finance Agency | Unknown | FHFADEBT0001 - Hearing Level - Procedures | No | Not verified | |
| 220 | 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 |
| 221 | Federal Labor Relations Authority | Federal Labor Relations Authority | FLRAARBI0008 - Hearing Level - Procedures | No | Verified | |
| 222 | Federal Labor Relations Authority | Federal Labor Relations Authority | FLRABNEG0005 - Hearing Level - Procedures | No | Verified | |
| 223 | Federal Labor Relations Authority | Office of the Regional Director (7 Regional Offices) | FLRABREP0003 - Hearing Level - Procedures | Yes (All Types of Cases) | "Two (2) copies of documentary evidence shall be submitted and a copy furnished to each of the other parties." 22 CFR 1422.11(a) | Verified |
| 224 | Federal Labor Relations Authority | Office of Administrative Law Judges | FLRABULP0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 225 | Federal Labor Relations Authority | Federal Service Impasses Panel | FLRAIMPP0007 - Hearing Level - Procedures | No | Verified | |
| 226 | Federal Labor Relations Authority | Office of the Regional Director (7 Regional Offices) | FLRAREPE0001 - Hearing Level - Procedures | Yes (All Types of Cases) | "After a petition is filed, all parties must, upon request of the Regional Director, furnish the Regional Director and serve all parties affected by issues raised in the petition with information concerning parties, issues, and agreements raised in or affected by the petition." 5 CFR 2422.15(a) It is not true discovery in the civil litigation sense but information sharing. The process is not adversarial. | Verified |
| 227 | Federal Labor Relations Authority | Office of Administrative Law Judges | FLRAUNLP0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties must exchange "[p]roposed witness lists, including a brief synopsis of the expected testimony of each witness; [c]opies of documents, with an index, proposed to be offered into evidence; and [a] brief statement of the theory of the case, including relief sought, and any and all defenses to the allegations in the complaint." 5 CFR 2423.23 | Verified |
| 228 | Federal Labor Relations Authority | Foreign Service Impasse Disputes Panel | FLRABIMP0006 - Hearing Level - Procedures | Not verified | ||
| 229 | Federal Maritime Commission | Office of Administrative Law Judges | FMCOSHIP0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Oral and written depositions, written interrogatories, production of documents, and requests for admission are all permitted under discovery. | Verified |
| 230 | 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 |
| 231 | Federal Mediation and Conciliation Service | Office of the Director | FMCSSUSD0002 - Hearing Level - Procedures | No | Verified | |
| 232 | Federal Mine Safety and Health Review Commission | Office of Administrative Law Judges | FMSHFADJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | *For All Matters Except Simplified Proceedings: Parties may obtain discovery of any relevant, non-privileged matter that is admissible evidence or appears to lead to discovery of admissible evidence (29 CFR 2700.56(b)).Methods of discovery include: depositions, interrogatories, requests for admissions, production of documents, and requests for permission to enter property for inspecting, copying, photographing, and gathering information. (29 CFR 2700.56(a)) * Simplified Proceedings (29 CFR 2700 Subpart J): Mandatory disclosure and exchange of information by parties within 45 days of designation of simplified proceeding. Disclosures cover any information in parties' possession, custody or control that may be used to support claim or defense. Disclosing party must provide privilege log for non-disclosed documents withheld on basis of privilege. Aside from mandatory disclosures, no additional discovery permitted in simplified proceedings except as ordered by presiding ALJ. | Verified |
| 233 | 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 |
| 234 | 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 |
| 235 | 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 |
| 236 | 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 |
| 237 | 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 |
| 238 | Foreign Claims Settlement Commission | Commission | FCSCADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Claimants may seek, upon Commission approval and issuance/order (as applicable), discovery through subpoenas duces tecum and depositions (oral or written). (45 CFR 501.2, 501.5) | Verified |
| 239 | 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 |
| 240 | 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 |
| 241 | 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 |
| 242 | General Services Administration | Office of the Administrator | GSAONPRC0002 - Hearing Level - Procedures | No | Not verified | |
| 243 | 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 |
| 244 | Government Accountability Office | Contract Appeals Board | GAOOCONT0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, requests for admission, production of documents. | Not verified |
| 245 | Government Accountability Office | Office of the General Counsel | GAOOBIDS0003 - Hearing Level - Procedures | Verified | ||
| 246 | 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 |
| 247 | Government Printing Office | Office of the Public Printer | GPROSUSD0001 - Hearing Level - Procedures | Not verified | ||
| 248 | Harry S. Truman Scholarship Foundation | Office of the Executive Secretary | HSTFTERM0001 - Hearing Level - Procedures | No | Verified | |
| 249 | Institute for Museum and Library Services | Office of General Counsel | IMLSDBAR0001 - Hearing Level - Procedures | No | IMLS has adopted the OMB guidance set forth in 2 CFR part 180. While the OMB guidance does not specifically provide for formal discovery, the guidance permits the proceedings to be fair and informal and the suspending/debarment official to be flexible. (See 2 CFR 180.740 and 180.835). | Verified |
| 250 | 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 |
| 251 | 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 |
| 252 | Inter-American Foundation | Office of the President | IAFOSUSD0001 - Hearing Level - Procedures | No | Not verified | |
| 253 | James Madison Memorial Fellowship Foundation | Counsel to the Foundation | JMMFTERM0001 - Hearing Level - Procedures | No | Not verified | |
| 254 | Legal Services Corporation | Office of the Inspector General | LSCIGIPA0003 - Hearing Level - Procedures | No | Verified | |
| 255 | Legal Services Corporation | Unknown | LSCOCOST0002 - Hearing Level - Procedures | No | Verified | |
| 256 | Legal Services Corporation | Office of the Inspector General | LSCOCOST0003 - Hearing Level - Procedures | No | Verified | |
| 257 | Legal Services Corporation | Office of the Inspector General | LSCODBAR0001 - Hearing Level - Procedures | No | Verified | |
| 258 | Legal Services Corporation | Office of the Inspector General | LSCODSRR0004 - Hearing Level - Procedures | No | Verified | |
| 259 | Legal Services Corporation | Office of the President | LSCODTOF0001 - Hearing Level - Procedures | Verified | ||
| 260 | 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 |
| 261 | Merit Systems Protection Board | Office of the Administrative Law Judge | MSPBORIG0002 - 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 |
| 262 | 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 |
| 263 | Metropolitan Washington Airport Authority | Appeal Office | MWAAPERM0002 - Hearing Level - Procedures | No | Not verified | |
| 264 | Metropolitan Washington Airport Authority | Office of Airports Authority Debarment Judge | MWAADBAR0004 - Hearing Level - Procedures | Not verified | ||
| 265 | 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 |
| 266 | Metropolitan Washington Airport Authority | Unknown | MWAAPERM0001 - Hearing Level - Procedures | No | Not verified | |
| 267 | 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 |
| 268 | National Archives and Records Administration | Interagency Security Classification Appeals Panel | NARAISCA0003 - Hearing Level - Procedures | No | Not verified | |
| 269 | 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 |
| 270 | 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 |
| 271 | National Archives and Records Administration | Office of the Archivist | NARANDPB0001 - Hearing Level - Procedures | No | Not verified | |
| 272 | National Credit Union Administration | Board | NCUABDAP0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is permitted only through the production of documents, or the deposition of a person producing documents pursuant to a document subpoena (questions limited to identification of documents produced and whether the search for the documents was adequate). A party may obtain document discovery regarding any matter, not privileged, that has material relevance to the merits of the pending action. | Not verified |
| 273 | National Credit Union Administration | Board | NCUABDAP0002 - Hearing Level - Procedures | No | Not verified | |
| 274 | National Credit Union Administration | Office of the Executive Director | NCUADEBT0003 - Hearing Level - Procedures | No | Not verified | |
| 275 | National Endowment for the Arts | Civil Rights Office | NEAOAGED0004 - Hearing Level - Procedures | No | 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)) | Not verified |
| 276 | National Endowment for the Arts | Office of General Counsel | NEAODBAR0001 - Hearing Level - Procedures | No | Not verified | |
| 277 | National Endowment for the Arts | Office of the Chairman | NEAONOND0002 - Hearing Level - Procedures | No | Not verified | |
| 278 | 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 |
| 279 | National Endowment for the Humanities | Office of the General Counsel | NEHODBAR0002 - Hearing Level - Procedures | No | Not verified | |
| 280 | National Endowment for the Humanities | Office of the Chairman | NEHONOND0001 - Hearing Level - Procedures | No | Not verified | |
| 281 | 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 |
| 282 | National Indian Gaming Commission | Commission | NIGCGREG0001 - Hearing Level - Procedures | No | Not verified | |
| 283 | 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 |
| 284 | 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 |
| 285 | National Labor Relations Board | Division of Judges | NLRBULPC0001 - Hearing Level - Procedures | No | Parties may issue subpoenas, which are returnable on the first day of the hearing. Judges rule on any motions or petitions to revoke subpoenas. Prior to issuance of complaints, the General Counsel, through the regional offices, may issue investigatory subpoenas, which are not handled by administrative law judges. In all subpoena matters, if there is non-compliance, the subpoena must be enforced by a Federal Court. | Verified |
| 286 | 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 |
| 287 | 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 |
| 288 | National Science Foundation | Office of the Deputy Director | NSFOSUSD0003 - Hearing Level - Procedures | No | Not verified | |
| 289 | National Transportation Safety Board | Office of Administrative Law Judges | NTSBAPPE0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and other forms of discovery are allowed. Per 49 CFR 821.5 Procedural Rules, for situations not covered by the Boards Rules of Practice the Federal Rules of Civil Procedure are applicable to the extent practicable. | Verified |
| 290 | 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 |
| 291 | Nuclear Regulatory Commission | Office of the Secretary | NRCOSUBJ0010 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery by parties, potential parties, and interested governmental participants during pre-license HLW application proceedings comes in several forms. First, each party/participant must make electronically available (subject to privilege or other applicable legal protections) all documentary materials on which it intends to rely/cite in the proceedings. Each party/participant must designate an official responsible for ensuring compliance with rules concerning electronic documents. Second, parties/participants may -- as of right -- conduct additional discovery using requests for inspection (land or raw data), and oral depositions; and requests for admission. Third, parties/participants may seek permission from the discovery master to propound interrogatories or depositions upon written questions. (10 CFR 2.1018) (Note: For proceedings in which NRC Staff is a party, there a special provisions relating to form and scope of discovery available from NRC employees. (See 10 CFR 2.709)) | Not verified |
| 292 | Nuclear Regulatory Commission | Atomic Safety and Licensing Board | NRCOSUBL0005 - Hearing Level - Procedures | Yes (All Types of Cases) | In Subpart L proceedings, NRC staff are obligated to make the "hearing file" publicly available on the NRC web site and/or NRC Public Document Room. The hearing file is required to contain, among other things, the license application, any amendments, NRC staff technical/safety reports and/or environmental reports on the application; and any correspondence between the applicant/licensee and NRC related to the application. NRC staff have the ongoing obligation of keeping the hearing file up to date. In all other respects, discovery is prohibited. (10 CFR 2.1203) (Note: In expedited proceedings under Subpart N, discovery is prohibited, and NRC staff does not post a hearing file. See 10 CFR pt. 2, subpt. N.) | Not verified |
| 293 | Nuclear Regulatory Commission | Office of the Secretary | NRCOSUBM0006 - Hearing Level - Procedures | Yes (All Types of Cases) | In all Subpart M proceedings, NRC is required to post on the agency's web site specified documents relating to the transfer application, including: the application and related requests, NRC correspondence with the applicant/licensee related to the application, NRC Staff Evaluation Reports (SER), and any NRC staff orders acting on the application (i.e., granting or denying the license transfer application). No other discovery -- including party-conducted discovery -- is otherwise permitted. | Not verified |
| 294 | Nuclear Regulatory Commission | Atomic Safety and Licensing Board | NRCOSUBG0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Full "traditional" discovery -- patterned after FRCP 26 -- available. Parties (other than NRC staff) have mandatory disclosure obligations, which may be supplemented by document requests, written interrogatories, requests for inspection, depositions, and requests for admission. Motions for protective orders permitted. Seasonable supplementation of discovery responses required. (10 CFR 2.705 - 2.708) Note: For proceedings in which NRC Staff is a party, there a special provisions relating to form and scope of discovery available from NRC employees. (See 10 CFR 2.709) | Not verified |
| 295 | Nuclear Regulatory Commission | Office of Administration | NRCFARSD0007 - Hearing Level - Procedures | No | Not verified | |
| 296 | 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 |
| 297 | 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 |
| 298 | Nuclear Regulatory Commission | Office of Administration | NRCODBAR0011 - Hearing Level - Procedures | No | Not verified | |
| 299 | Nuclear Regulatory Commission | Office of the Secretary | NRCOSUBO0009 - Hearing Level - Procedures | No | In all Subpart M proceedings, NRC is required to post on the agency's web site specified documents relating to the transfer application, including: the application and related requests, NRC correspondence with the applicant/licensee related to the application, NRC Staff Evaluation Reports (SER), and any NRC staff orders acting on the application (i.e., granting or denying the license transfer application). No other discovery -- including party-conducted discovery -- is otherwise permitted. | Not verified |
| 300 | Occupational Safety & Health Review Commission | Office of the Chief Administrative Law Judge | OSHRADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is conducted in conventional proceedings, but discouraged (though permitted) in simplified proceedings. The information sought through discovery may include any matter that is relevant and not privileged, regardless of whether it is ultimately admissible at the hearing. The judge may limit discovery that is unreasonably cumulative or duplicative or unduly burdensome or expensive. The types of discovery available include: production of documents or things or permission to enter land or property; requests for admission; interrogatories; and depositions. See 29 CFR 2200.52 through 2200.56. | Verified |
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