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 | 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 |
| 202 | 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 |
| 203 | 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 If the proceeding was conceded by the Secretary on the merits, withdrawn by the Secretary, or otherwise settled before any of the merits were heard, the applicant and Secretary may supplement the record with affidavits and other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 |
| 204 | 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 |
| 205 | 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 |
| 206 | Federal Mediation and Conciliation Service | Office of the Director | FMCSSUSD0002 - Hearing Level - Procedures | No | Verified | |
| 207 | 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 |
| 208 | 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 |
| 209 | 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 |
| 210 | 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 |
| 211 | Federal Labor Relations Authority | Federal Service Impasses Panel | FLRAIMPP0007 - Hearing Level - Procedures | No | Verified | |
| 212 | Federal Labor Relations Authority | Office of Administrative Law Judges | FLRABULP0004 - Hearing Level - Procedures | Yes (All Types of Cases) | Verified | |
| 213 | 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 |
| 214 | Federal Labor Relations Authority | Federal Labor Relations Authority | FLRABNEG0005 - Hearing Level - Procedures | No | Verified | |
| 215 | Federal Labor Relations Authority | Foreign Service Impasse Disputes Panel | FLRABIMP0006 - Hearing Level - Procedures | Not verified | ||
| 216 | Federal Labor Relations Authority | Federal Labor Relations Authority | FLRAARBI0008 - Hearing Level - Procedures | No | Verified | |
| 217 | 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 |
| 218 | Federal Housing Finance Agency | Unknown | FHFADEBT0001 - Hearing Level - Procedures | No | Not verified | |
| 219 | Federal Housing Finance Agency | Office of the Director | FHFACAPC0003 - Hearing Level - Procedures | No | Not verified | |
| 220 | 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 |
| 221 | 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 |
| 222 | Federal Election Commission | Commission | FECOREPA0001 - Hearing Level - Procedures | No | Verified | |
| 223 | Federal Election Commission | Commission | FECOADMN0002 - Hearing Level - Procedures | No | Verified | |
| 224 | 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 |
| 225 | 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 |
| 226 | 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 |
| 227 | 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 |
| 228 | 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 |
| 229 | 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 |
| 230 | 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 |
| 231 | 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 |
| 232 | Federal Communications Commission | Commission | FCCOEQUI0003 - Hearing Level - Procedures | No | Not verified | |
| 233 | Federal Communications Commission | Office of Administrative Law Judges | FCCOEAJA0002 - Hearing Level - Procedures | Not verified | ||
| 234 | Federal Communications Commission | Office of Administrative Law Judges | FCCOCOLL0001 - Hearing Level - Procedures | No | Not verified | |
| 235 | 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 |
| 236 | Farm Credit Administration | Credit Review Committee | FCAOLOAN0002 - Hearing Level - Procedures | No | Not verified | |
| 237 | Farm Credit Administration | Unknown | FCAOCLAM0001 - Hearing Level - Procedures | Not verified | ||
| 238 | 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 |
| 239 | Environmental Protection Agency | Office of Administrative Law Judges | EPAOWITH0011 - Hearing Level - Procedures | This procedure incorporates the prehearing information exchange found in 40 CFR 22.19(a) into its own proceedings. This requires parties to share witness lists, summaries of expected testimony, and copies of all evidence that will be introduced at the hearing. Any other discovery requested for Superfund cases shall only be allowed upon a showing of good cause and order of the Hearing Officer. See 40 CFR 305.26(f)(4): "(4) The Presiding Officer shall issue an order for discovery only upon a showing of good cause and upon a determination: (i) That such discovery will not in any way unreasonably delay the proceeding; (ii) That the information to be obtained is not otherwise obtainable; and (iii) That such information has significant probative value." | Not verified | |
| 240 | Environmental Protection Agency | Office of Grants and Debarment | EPAOSUSD0004 - Hearing Level - Procedures | No | Not verified | |
| 241 | 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 |
| 242 | Environmental Protection Agency | Office of Regional Operations | EPAOPRMT0006 - Hearing Level - Procedures | Yes (Some Types of Cases) | With one exception, discovery is not permitted during permit proceedings. For RCRA permits, the EPA Regional Administrator may, on a case-by-case basis, determine after submission of a permit application that there is a need for an "information repository." Establishing and maintaining the information repository is the responsibility of the facility. The information repository contains documents, reports, data, and other information deemed necessary by the regional administrator. The information repository is open to the public. (See 40 CFR 124.33) | Not verified |
| 243 | Environmental Protection Agency | Office of Administrative Law Judges | EPAOPANE0010 - Hearing Level - Procedures | No | The discovery for pesticide cases is primarily documentary data and information which the Office of Prevention, Pesticides, and Toxic Substances plans to submit to show that the pesticides in question are not proper. Additionally the parties must file: "(1) Any objections that the administrative record filed under paragraph (a)(l) of this section is incomplete. (2) All documents (other than those filed under paragraph (a) of this section) in the party's files containing factual information or expert opinion, whether favorable or unfavorable to the party's position, that relates to the issues involved in the hearing. For purposes of this paragraph, files means the party's principal files in which documents relating to each of the issues in the hearing are ordinarily kept. Documents that are attorney work product, or were prepared specifically for use in connection with the hearing, are not required to be submitted. (3) All other documentary data and information the party plans to rely upon in the hearing. (4) A narrative position statement on the factual issues in the Notice of Hearing and the nature of the supporting evidence the party intends to introduce. (5) A signed statement that, to the best knowledge and belief of the party, the submission complies with this section." See 40 CFR 179.83(b). | Not verified |
| 244 | 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 |
| 245 | Environmental Protection Agency | Office of Administrative Law Judges | EPAOOALJ0001 - Hearing Level - Procedures | Yes (All Types of Cases) | The Rules of Procedure generally provide for parties to engage in a "prehearing information exchange," which includes, but is not limited to, providing the opposing party or parties (and the Tribunal) with a list of anticipated lay and expert witnesses to be called at hearing along with summaries of their expected testimony; copies of all documents and exhibits expected to be introduced at the hearing; and the agency's calculations for proposed penalties (in cases seeking civil penalties) or Respondent's bases for challenging the penalty, including an inability to pay. Parties have an affirmative obligation to supplement their exchanges if it is discovered that the information is incomplete, inaccurate, or out of date. Additional discovery is permitted only upon motion and leave from the presiding ALJ. Such additional discovery generally involves depositions and requests for admission, but can also involve interrogatories, document production, site visits, sample testing, etc. (See 40 C.F.R. § 22.19). In addition, parties are strongly encouraged to stipulate to uncontested facts and witness testimony prior to hearing so that the limited time allocated to hearing can efficiently focus on factual matters actually in dispute. Parties are also permitted to file pre-hearing motions to narrow the issues for hearing and pre-hearing briefs to set forth their positions regarding factual and legal matters in dispute. | Verified |
| 246 | 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 |
| 247 | 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 |
| 248 | Environmental Protection Agency | Office of Grants and Debarment | EPAOCOMP0009 - Hearing Level - Procedures | Not verified | ||
| 249 | Environmental Protection Agency | Office of the Administrator | EPAOAIRO0008 - Hearing Level - Procedures | No | Not verified | |
| 250 | Environmental Protection Agency | Environmental Appeals Board | EPACERCL0007 - Hearing Level - Procedures | No | Not verified | |
| 251 | Equal Employment Opportunity Commission | Office of Equal Opportunity | EEOCTECH0003 - Hearing Level - Procedures | No | Verified | |
| 252 | Equal Employment Opportunity Commission | Office of Federal Operations | EEOCGOVT0001 - Hearing Level - Procedures | Yes (All Types of Cases) | "Full" federal court-type discovery available as of right to parties. Discovery may include: interrogatories (up to 20); depositions; document requests; and requests for admission. Discovery proceedings are governed by the Federal Rules of Civil Procedure. (29 CFR 1603.210) | Verified |
| 253 | Equal Employment Opportunity Commission | Office of Field Programs | EEOCFEDS0002 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties have a right to conduct discovery as needed for "reasonable development of evidence." If the parties cannot agree in writing to the methods and scope of discovery, the propounding party may seek authorization from the AJ. Potential discovery methods include: interrogatories, depositions, document requests, and requests for admission. (29 CFR 1614.109(d)) | Verified |
| 254 | 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 |
| 255 | United States Election Assistance Commission | Office of the CFO and Budget Director | EACODBAR0001 - Hearing Level - Procedures | No | Not verified | |
| 256 | Department of Veterans Affairs | Office of the Deputy Secretary | DOVASUSD0008 - Hearing Level - Procedures | No | Not verified | |
| 257 | Department of Veterans Affairs | Debarment and Suspension Committee | DOVAPROC0009 - Hearing Level - Procedures | No | Verified | |
| 258 | 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 |
| 259 | Department of Veterans Affairs | Office of Management | DOVAOFFS0010 - Hearing Level - Procedures | No | Verified | |
| 260 | 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 |
| 261 | Department of Veterans Affairs | Office of Academic Affiliations | DOVAEMIG0002 - Hearing Level - Procedures | No | Verified | |
| 262 | Department of Veterans Affairs | Office of Vocational Rehabilitation & Counseling Service | DOVADEPD0003 - Hearing Level - Procedures | No | Not verified | |
| 263 | Department of Veterans Affairs | Office of Deputy Under Secretary for Benefits | DOVACOEA0004 - Hearing Level - Procedures | No | Verified | |
| 264 | Department of Veterans Affairs | Operations and Management | DOVACARE0001 - Hearing Level - Procedures | No | Not verified | |
| 265 | Department of Veterans Affairs | Office of the Under Secretary for Memorial Affairs | DOVABURI0005 - Hearing Level - Procedures | No | Not verified | |
| 266 | Board of Veterans' Appeals | Board | DOVABENE0001 - Hearing Level - Procedures | No | Verified | |
| 267 | Department of Veterans Affairs | Office of the General Counsel | DOVAACCR0011 - Hearing Level - Procedures | Yes (Some Types of Cases) | The hearing officer may permit, at his or her discretion, discovery if requested by the parties. | Verified |
| 268 | 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 |
| 269 | Department of Transportation | Office of the Administrator | DOTRSHIP0014 - Hearing Level - Procedures | Not verified | ||
| 270 | Department of Transportation | Office of Hearings | DOTRSECR0013 - Hearing Level - Procedures | Not verified | ||
| 271 | Department of Transportation | Office of the Administrator | DOTRSCBS0012 - Hearing Level - Procedures | Not verified | ||
| 272 | Department of Transportation | Office of Hearings | DOTRPRFR0011 - Hearing Level - Procedures | Yes (All Types of Cases) | Interrogatories, requests for production, requests for admissions and depositions. Unless the parties agree, discovery is available only as ordered by the ALJ upon motion. See 49 CFR 31.21(c). The ALJ authorizes discovery only when it satisfies/does not offend the conditions in 49 CFR 31.21(d)(3). | Not verified |
| 273 | Department of Transportation | Office of Hearings | DOTRPIPE0010 - Hearing Level - Procedures | Not verified | ||
| 274 | Department of Transportation | Office of Hearings | DOTROOSE0009 - Hearing Level - Procedures | Yes (All Types of Cases) | Depositions | Not verified |
| 275 | Department of Transportation | Office of the Assistant Secretary for Administration | DOTRNPRC0008 - Hearing Level - Procedures | No | Not verified | |
| 276 | Department of Transportation | Office of Hearings | DOTRNHTS0007 - Hearing Level - Procedures | Yes (All Types of Cases) | Parties may obtain discovery by one or more of the following methods: (1) Written interrogatories; (2) requests for production of documents or things; (3) requests for admissions; or (4) testimony upon oral examination. Unless the Presiding Officer otherwise orders under paragraph (d) of this section, the frequency of use of these methods is not limited. | Not verified |
| 277 | 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 |
| 278 | Department of Transportation | Office of Hearings | DOTRFRRA0005 - Hearing Level - Procedures | Yes (All Types of Cases) | Not verified | |
| 279 | Department of Transportation | Office of Hearings | DOTRFMCS0004 - Hearing Level - Procedures | Yes (Some Types of Cases) | -In 'informal' hearing cases, "no discovery will be allowed." 49 CFR 386.16(b)(4)(i)(A). In 'formal' hearing cases, discovery methods include depositions, interrogatories, requests for production, physical/mental examinations, and requests for admission. See 49 CFR 386.37(a) | Not verified |
| 280 | Department of Transportation | Office Of Dispute Resolution For Acquisition | DOTRFAAD0003 - Hearing Level - Procedures | Yes (Some Types of Cases) | The parties may engage in discovery only at the discretion of the judge. Depositions are permitted at the discretion of the judge. The use of interrogatories and requests for admission is not permitted. | Not verified |
| 281 | 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 |
| 282 | 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 |
| 283 | 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 |
| 284 | Department of Transportation | Office of the Assistant Secretary for Budget and Programs, or Office of the Assistant Secretary for Administration, or Head of the Operating Administration | DOTRDEBT0018 - Hearing Level - Procedures | Yes (Some Types of Cases) | Various sections afford the debtor the right to inspect and copy the Department's records relating to the debt. See 49 CFR 92.11(b)(7) (administrative and salary offsets); see also 31 CFR 285.11(e)(2)(i) (wage garnishments). There is no similar provision in the regulations governing tax refund offsets, however. | Not verified |
| 285 | 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 |
| 286 | Department of Transportation | Office of Chief Counsel | DOTRCHRT0016 - Hearing Level - Procedures | -49 CFR 604.38(a): "Permissible forms of discovery shall be within the discretion of the PO." -49 CFR 604.39(a): "For good cause shown, the PO may order that the testimony of a witness may be taken by deposition and that the witness produce documentary evidence in connection with such testimony." | Not verified | |
| 287 | Department of State | Bureau of the Comptroller and Global Financial Services | DOSPFCRA0008 - Hearing Level - Procedures | Yes (All Types of Cases) | "Full" trial-type discovery (e.g., document requests, requests for admission, written interrogatories, depositions) permitted upon approval of the ALJ or agreement of the parties. (22 CFR 35.21) | Not verified |
| 288 | 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 |
| 289 | Department of State | Office of the Procurement Executive | DOSOSUSD0011 - Hearing Level - Procedures | No | Not verified | |
| 290 | 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 |
| 291 | Department of State | Office of Federal Assistance Financial Management CGFS/FPRA/FAFM | DOSONOND0009 - Hearing Level - Procedures | No | Verified | |
| 292 | Department of State | Grievance Staff | DOSOCSGO0002 - Hearing Level - Procedures | No | Not verified | |
| 293 | Department of State | Foreign Service Grievance Board | DOSFSGBA0001 - Hearing Level - Procedures | Yes (All Types of Cases) | While traditional court-type discovery is unavailable, and grievant may request copies of agency documents or records related to the grievance, subject to privilege or national security considerations. The documents normally shall be provided within 15 days of a request. (22 CFR 16.3(b)(2); 3 FAM 4426.1) | Not verified |
| 294 | Department of State | Office of the Procurement Executive | DOSFARSD0010 - Hearing Level - Procedures | No | Not verified | |
| 295 | Department of State | Attestation Program Review Board | DOSAVATT0004 - Hearing Level - Procedures | No | Verified | |
| 296 | Department of State | Office of Defense Trade Controls Compliance | DOSARMSC0006 - Hearing Level - Procedures | Yes (All Types of Cases) | The respondent, through the ALJ, may request relevant, non-privileged documents from the Directorate of Defense Trade Controls that "may be necessary or helpful in preparing a defense." The Directorate (or the ALJ) may also propound discovery requests on the respondent so long as "relevant and material." (22 CFR 128.6(a) - (b)) | Not verified |
| 297 | Department of Justice | September 11th Victim Compensation Fund | DOJXVCFX0009 - Hearing Level - Procedures | No | Verified | |
| 298 | Department of Justice | Radiation Exposure Compensation Program | DOJXRECA0007 - Hearing Level - Procedures | No | Not verified | |
| 299 | Department of Justice | Office of the Director | DOJXPUBF0017 - Hearing Level - Procedures | No | Not verified | |
| 300 | Department of Justice | Office of the Deputy Attorney General | DOJXPUBD0016 - Hearing Level - Procedures | No | Not verified |
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