Displaying 301 - 364 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 |
|---|---|---|---|---|---|---|
| 301 | United States African Development Foundation | Office of the President/CEO | USADFDBR0002 - Hearing Level - Procedures | No | Not verified | |
| 302 | Department of State | Office of the Procurement Executive | DOSFARSD0010 - Hearing Level - Procedures | No | Not verified | |
| 303 | Department of State | Office of the Procurement Executive | DOSOSUSD0011 - Hearing Level - Procedures | No | Not verified | |
| 304 | Government Printing Office | Office of the Public Printer | GPROSUSD0001 - Hearing Level - Procedures | Not verified | ||
| 305 | 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 |
| 306 | 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 |
| 307 | 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 |
| 308 | 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 |
| 309 | 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 |
| 310 | Department of the Interior | Office of the Secretary | DINTSECY0009 - Hearing Level - Procedures | Not verified | ||
| 311 | Department of Housing and Urban Development | Office of the Secretary | HUDOMANU0004 - Hearing Level - Procedures | No | Verified | |
| 312 | United States International Trade Commission | Office of the Secretary | ITCXCONF0004 - Hearing Level - Procedures | No | Verified | |
| 313 | Department of Commerce | Office of the Secretary | USDCSECR0007 - Hearing Level - Procedures | No | Not verified | |
| 314 | Department of Health and Human Services | Office of the Secretary | HHSOFARO0010 - Hearing Level - Procedures | No | Not verified | |
| 315 | Department of Health and Human Services | Office of the Secretary | HHSOSUSD0011 - Hearing Level - Procedures | No | Not verified | |
| 316 | 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 |
| 317 | 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 |
| 318 | 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 |
| 319 | 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 |
| 320 | 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 |
| 321 | Department of Commerce | Office of the Under Secretary | USDCDUMP0006 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties are encouraged to engage in voluntary discovery procedures regarding any non-privileged matter relevant to the proceeding. See 19 CFR 354.10. "A party may serve on any other party interrogatories, requests for admissions, or requests for production of documents for inspection and copying." 19 CFR 354.10(b). Additionally, a party may apply for depositions, and upon a showing of good cause the presiding official can order the deposition of any party or under the control or authority of the party. See 19 CFR 354.10(c). | Verified |
| 322 | Department of Veterans Affairs | Office of the Under Secretary for Memorial Affairs | DOVABURI0005 - Hearing Level - Procedures | No | Not verified | |
| 323 | 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 |
| 324 | Overseas Private Investment Corporation | Office of the VP/General Counsel | OPICPEMP0001 - Hearing Level - Procedures | No | Verified | |
| 325 | Department of Labor | Office of Trade Adjustment Assistance | LABROTAA0009 - Hearing Level - Procedures | Verified | ||
| 326 | Department of Veterans Affairs | Office of Vocational Rehabilitation & Counseling Service | DOVADEPD0003 - Hearing Level - Procedures | No | Not verified | |
| 327 | Department of the Interior | ONRR Director | DINTONRR0006 - Hearing Level - Procedures | No | Not verified | |
| 328 | Department of Veterans Affairs | Operations and Management | DOVACARE0001 - Hearing Level - Procedures | No | Not verified | |
| 329 | 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 |
| 330 | Department of Labor | OWCP Final Adjudication Branch | LABRATOM0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 331 | Department of Agriculture | PACA Division | USDAPACA0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions only available upon application of party and order by Examiner. Depositions taken before Examiner (by phone) and deponent subject to cross-examination. Subpoenas also available for witnesses and production of documents. (See 7 CFR 47.16 (depositions), 47.17 (subpoenas)). | Not verified |
| 332 | Department of Energy | Patent Compensation Board (NNSA) | DOENPCBD0010 - Hearing Level - Procedures | Not verified | ||
| 333 | 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 |
| 334 | 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 |
| 335 | Department of Agriculture | Plant Protection Quarantine | USDAAPHS0014 - Hearing Level - Procedures | No | Not verified | |
| 336 | Department of Agriculture | Policy & Litigation Division | USDAPSAR0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions (oral or upon written interrogatories) permitted upon motion and order of Presiding Officer. Subpoenas for production of documents also allowed with order. (9 CFR 202.109) | Not verified |
| 337 | Department of Health and Human Services | Provider Reimbursement Review Board | HHSOPRRB0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Verified |
| 338 | Department of Justice | Public Safety Officers' Benefits Office | DOJXPSOB0013 - Hearing Level - Procedures | Not verified | ||
| 339 | Department of Justice | Radiation Exposure Compensation Program | DOJXRECA0007 - Hearing Level - Procedures | No | Not verified | |
| 340 | Department of Agriculture | RD Operations & Management | USDARDOO0023 - Hearing Level - Procedures | Not verified | ||
| 341 | Department of Agriculture | Regional Foresters | USDALRMP0008 - Hearing Level - Procedures | No | Not verified | |
| 342 | Department of Agriculture | Regional Foresters | USDAPRED0007 - Hearing Level - Procedures | No | Not verified | |
| 343 | Department of Agriculture | Regional Foresters | USDAPRJT0018 - Hearing Level - Procedures | No | Not verified | |
| 344 | 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 |
| 345 | 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 |
| 346 | 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 |
| 347 | Department of Agriculture | Risk Management Agency | USDAFCIC0020 - Hearing Level - Procedures | No | Not verified | |
| 348 | 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 |
| 349 | Selective Service System | Selective Service Local Board | SSSOEXEM0001 - Hearing Level - Procedures | No | Verified | |
| 350 | Department of Justice | September 11th Victim Compensation Fund | DOJXVCFX0009 - Hearing Level - Procedures | No | Verified | |
| 351 | Department of Homeland Security | U.S. Citizen & Immigration Services Administrative Appeals Office | DHSCISAO0010 - Hearing Level - Procedures | Not verified | ||
| 352 | 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 |
| 353 | Department of Commerce | United States Coast Guard Office of Administrative Law Judges | USDCBISF0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery may include: interrogatories, requests for admissions, and requests for production of documents in accordance with the Federal Rules of Civil Procedure. Additionally, upon a showing of good cause the ALJ will allow depositions. 15 CFR 766.9(c) | Verified |
| 354 | United States Postal Service | United States Postal Service Board of Contract Appeals | USPSPBCA0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is general broad, and can include depositions, interrogatories, admission of facts, and production of documents (See 39 CFR 955.15-16). | Verified |
| 355 | Office of the Comptroller of the Currency | Unknown | OCCXIFML0002 - Hearing Level - Procedures | No | Not verified | |
| 356 | 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 |
| 357 | Farm Credit Administration | Unknown | FCAOCLAM0001 - Hearing Level - Procedures | Not verified | ||
| 358 | 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 |
| 359 | Federal Housing Finance Agency | Unknown | FHFADEBT0001 - Hearing Level - Procedures | No | Not verified | |
| 360 | Legal Services Corporation | Unknown | LSCOCOST0002 - Hearing Level - Procedures | No | Verified | |
| 361 | Metropolitan Washington Airport Authority | Unknown | MWAAPERM0001 - Hearing Level - Procedures | No | Not verified | |
| 362 | Office of the Comptroller of the Currency | Unknown (Licensing) | OCCXLCNS0003 - Hearing Level - Procedures | No | Not verified | |
| 363 | Department of Agriculture | Varies (by USDA program agency) | USDASUSD0030 - Hearing Level - Procedures | No | Not verified | |
| 364 | Department of Agriculture | Veterinary Services | USDAAPHS0015 - Hearing Level - Procedures | No | Not verified |
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