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 | 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 If the proceeding was conceded by the Secretary on the merits, withdrawn by the Secretary, or otherwise settled before any of the merits were heard, the applicant and Secretary may supplement the record with affidavits and other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 |
| 202 | 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 |
| 203 | Department of Transportation | Office of Hearings | DOTRMERC0006 - Hearing Level - Procedures | Yes (All Types of Cases) | 46 CFR 201.109 - request for production of documents; 46 CFR 201.110 - depositions and written interrogatories; 46 CFR 201.122 - subpoenas duces tecum. Though available across all case types, these discovery methods are only permitted upon motion to the presiding officer. See id. | Not verified |
| 204 | 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 |
| 205 | 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 |
| 206 | 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 |
| 207 | Department of State | Office of the Deputy Assistant Secretary for Passport Services | DOSPASSP0003 - Hearing Level - Procedures | No | A person whose passport has been denied or revoked may request an oral hearing. If no hearing requested, the matter is adjudicated on a "paper" record. (22 CFR 51.70) | Not verified |
| 208 | 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 |
| 209 | United States Postal Service | Office of the Administrative Law Judge | USPSJOAJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | ALJ determines based on requests of the parties. | Verified |
| 210 | Department of the Interior | Interior Board of Land Appeals | DINTIBLA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | ALJ may subpoena witnesses, depositions 43 CFR 4.423; governed by the Act of January 31, 1903 (43 U.S.C. 102-106), and 28 U.S.C. 1821. | Not verified |
| 211 | 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 |
| 212 | United States Parole Commission | Commission | USPCREVC0004 - Hearing Level - Procedures | Yes (All Types of Cases) | All evidence upon which the finding of violation may be based shall be disclosed to the parolee at or before the revocation hearing. The hearing officer or examiner panel may disclose documentary evidence by permitting the parolee to examine the document during the hearing, or where appropriate, by reading or summarizing the document in the presence of the parolee. 28 CFR 2.50(d) | Not verified |
| 213 | Department of Housing and Urban Development | Office of Hearings and Appeals | HUDOHALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | All Pt. 26 Cases: discovery is available upon agreement of parties or as ordered by the ALJ. Forms of discovery available: requests for productions of documents, written interrogatories, and oral depositions, and requests for admission. Discovery-related motions practice (e.g., motions to compel and for protective order) are also permitted. See 24 CFR 26.42 - 26.44; 26.18; 24 CFR pt. 180, subpt. E. Rules governing civil rights matters also impose a supplementation duty on parties. 24 CFR 180.505. ALJ may order discovery necessary for expeditious, fair and reasonable consideration of issues. // PFCRA cases: The defendant has right to review, upon request to General Counsel, any exculpatory or nonprivileged documents related to the complaint. Apart from that only limited discovery is permitted at the discretion of the ALJ who determines it necessary for the fair consideration of the issues without being unduly costly or unreasonably delaying the proceedings. See 24 CFR 26.42(b). | Verified |
| 214 | Department of Commerce | HUD Office of Administrative Law Judges | USDCPDIS0023 - Hearing Level - Procedures | Yes (All Types of Cases) | Apart from a pre-hearing statement to be issued prior to the hearing at the request of the hearing officer, a party may be entitled to reasonable and relevant discovery at the discretion of the hearing officer including: "[1] a reasonable number of written requests for admission or interrogatories; (2) Produce for inspection and copying a reasonable number of documents; and (3) Produce for inspection a reasonable number of things other than documents." See 37 CFR 11.52(a). Depositions may be taken for use at the hearing in lieu of the personal appearance of a witness upon a showing of good cause and approval of the hearing officer. See 37 CFR 11.51(a). | Verified |
| 215 | 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 |
| 216 | 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 |
| 217 | United States Postal Service | Office of the Judicial Officer | USPSJOJO0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Broad discovery; most case types allow for depositions and interrogatories, some case types also allow for requests for admission and requests for production of documents. Hearing officer can limit discovery to avoid inefficiency or harassment, and issue sanctions for failure to appear or produce information. See 39 CFR 952.21, 954.16(d), 957.18, 959.20, 962.12, 963.14 and 964.9 | Not verified |
| 218 | 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 |
| 219 | 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 |
| 220 | 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 |
| 221 | 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 |
| 222 | 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 |
| 223 | 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 |
| 224 | 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 |
| 225 | 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 |
| 226 | 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 |
| 227 | Consumer Financial Protection Bureau | Office of the Director | CFPBDEBT0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Debtors have a right, upon request, to inspect and/or copy CFPB records related to the debt at issue, unless such records are exempt from disclosure. See 12 CFR 1073.204(a)(2) | Not verified |
| 228 | 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 |
| 229 | 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 |
| 230 | 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 |
| 231 | 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 |
| 232 | 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 |
| 233 | 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 |
| 234 | 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 |
| 235 | 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 |
| 236 | Department of Transportation | Office of Hearings | DOTROOSE0009 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions | Not verified |
| 237 | 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 |
| 238 | Department of Agriculture | Office of the Administrative Law Judges | USDAOALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions and subpoenas only. For depositions, parties must file motions with the ALJ naming potential deponent and basis for request which, by rule, "shall solely be for the purpose of eliciting testimony which might not otherwise be available at the time of the hearing." (See 7 CFR § 1.148(b)(4)) | Not verified |
| 239 | 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 |
| 240 | Corporation for National and Community Service | Office of the Chief Financial Officer | CNCSTERM0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions are available "if the presiding officer determines that the interests of justice would be served" by such means of discovery. (45 CFR 1206.1-7(k)) | Not verified |
| 241 | Department of Transportation | Office of Hearings | DOTRFAAD0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions in accordance with section 1004 of the Federal Aviation Act of 1958 or Rule 26 of the Federal Rules of Civil Procedure. Interrogatories and requests for the production of documents are also permissible means of discovery. | Not verified |
| 242 | 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 |
| 243 | Department of Labor | Office of Administrative Law Judges (OALJ) | LABROALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions upon oral examination or written questions; written interrogatories; production of documents or other evidence for inspection and other purposes; and requests for admission. (29 CFR § 18.13) | Verified |
| 244 | Department of Health and Human Services | Office of Administrative Law Judges | HHSOCRDB0009 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Not verified |
| 245 | Department of Health and Human Services | Office of Administrative Law Judges | HHSOADGA0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories and document requests are allowed. | Verified |
| 246 | 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 |
| 247 | 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 |
| 248 | 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 |
| 249 | Department of Education | Office of Administrative Law Judges | DOEDCRRA0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and document requests are allowed. | Verified |
| 250 | Department of Education | Office of Administrative Law Judges | DOEDOGBR0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and document requests are allowed. | Verified |
| 251 | Department of Education | Office of Higher Education Appeals | DOEDOHEA0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, and document requests are allowed. | Verified |
| 252 | 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 |
| 253 | 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 |
| 254 | United States International Trade Commission | Office of the Administrative Law Judges | ITCXALJS0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions, interrogatories, Requests for Production, ESI, Requests for Admissions, etc. | Verified |
| 255 | Department of Labor | Office of Administrative Law Judges (OALJ) | LABROALJ0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions; interrogatories. See 20 CFR §§ 702.341 and 725.458. | Verified |
| 256 | 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 |
| 257 | Department of Energy | Office of Hearings and Appeals | DOENOOHA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery includes depositions and documents produced in response to a subpoena. See 10 CFR 1003.8; 10 CFR 708.28. | Verified |
| 258 | 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 |
| 259 | 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 |
| 260 | Department of Transportation | Office of Airport Compliance and Management Analysis | DOTRFAAD0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is limited to requests for admissions, requests for production of documents, interrogatories, and depositions. | Not verified |
| 261 | Department of Veterans Affairs | Office of Administrative Law Judges | DOVAPFCR0007 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery is only available as ordered by the ALJ. The types of discovery include: (1) requests for production of documents for inspection and copying; (2) requests for admissions of the authenticity of any relevant document or the truth of any relevant fact; (3) written interrogatories; and (4) depositions. See 38 CFR 42.21 | Not verified |
| 262 | 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 |
| 263 | 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 |
| 264 | 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 |
| 265 | 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 |
| 266 | 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 |
| 267 | Corporation for National and Community Service | Office of the Director - AmeriCorps*VISTA | CNCSVTRM0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery may be conducted at Hearing/Grievance Examiner's discretion. Discovery may include: personal interviews; group meetings; written interrogatories; or depositions. (45 CFR 1210.3-7(a), 1211.1-12(a)) | Not verified |
| 268 | Department of Justice | Office of the Administrative Law Judges | DOJXDRUG0008 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery may be obtained by one or more of the methods provided under the Federal Rules of Civil Procedure, including: written interrogatories, depositions, requests for production of documents or things for inspection or copying, and requests for admission addressed to parties. 28 CFR 76.21. | Not verified |
| 269 | 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 |
| 270 | 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 |
| 271 | 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 |
| 272 | Copyright Royalty Tribunal | Copyright Royalty Board | CRTRADJU0001 - Hearing Level - Procedures | Yes (All Types of Cases) | Discovery varies depending on case type. For distribution proceedings, the Copyright Royalty Judge designates a 45 day period in which parties may request non-privileged documents related to written exhibits and testimony. See 37 CFR 351.6. In royalty rate proceedings, discovery includes requests for document production, depositions, and interrogatories. See 37 CFR 351.5. | Not verified |
| 273 | 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 |
| 274 | 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 |
| 275 | 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 |
| 276 | 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 |
| 277 | 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 |
| 278 | Department of Agriculture | Office of the Chief Financial Officer | USDADEBT0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Employee-debtors and other debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted. (7 CFR 3.41(a)(2)(i), 3.42; 31 CFR 285.11(e)(2)) | Not verified |
| 279 | 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 |
| 280 | 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 |
| 281 | Department of Homeland Security | Coast Guard Retiring Review Board | DHSCCGRR0006 - Hearing Level - Procedures | Yes (All Types of Cases) | Evidence may be submitted to the Board by oral testimony under oath, or in the form of depositions or affidavits. 33 CFR 50.4(g). | Verified |
| 282 | 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 |
| 283 | 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 |
| 284 | 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 |
| 285 | 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 |
| 286 | Broadcasting Board of Governors | Board of Governors | BBGODEBT0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. | Not verified |
| 287 | Broadcasting Board of Governors | Office of Contracts | BBGOFARG0004 - Hearing Level - Procedures | No | Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. | Not verified |
| 288 | Broadcasting Board of Governors | Board of Governors | BBGONPRC0005 - Hearing Level - Procedures | No | Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made. | Not verified |
| 289 | Broadcasting Board of Governors | Financial Operations Division | BBGODEBT0003 - Hearing Level - Procedures | Yes (All Types of Cases) | Formal discovery devices are not expressly provided for, but 22 CFR 512.20(a)(5) affords employees the "right to inspect and copy Government records pertaining to the debt" before the offset is made. | Not verified |
| 290 | 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 |
| 291 | 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 |
| 292 | 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 |
| 293 | Department of Justice | Office of the Chief Immigration Judge | DOJXEOIR0001 - Hearing Level - Procedures | Yes (All Types of Cases) | If an Immigration Judge is satisfied that a witness is not reasonably available at the place of hearing and that said witness' testimony or other evidence is essential, the Immigration Judge may order the taking of deposition either at his or her own instance or upon application of a party. Such order shall designate the official by whom the deposition shall be taken, may prescribe and limit the content, scope, or manner of taking the deposition, and may direct the production of documentary evidence. 8 CFR 1003.35(a) If the witness is at a distance of more than 100 miles from the place of the proceeding, the subpoena shall provide for the witness' appearance at the Immigration Court nearest to the witness to respond to oral or written interrogatories, unless there is no objection by any party to the witness' appearance at the proceeding. 8 CFR 1003.35(b)(4) | Verified |
| 294 | 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 |
| 295 | 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 |
| 296 | 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 |
| 297 | 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 |
| 298 | 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 |
| 299 | 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 |
| 300 | 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 |
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