Scheme Nickname: 
Office of Hearings & Appeals Proceedings

This is an informal adjudication scheme involving a variety of cases, including cases involving personnel security, "whistleblower," FOIA, payments-equal-to-taxes under the Nuclear Waste Policy Act of 1982, the alternative fuels transportation program, and exceptions. The Office of Hearings and Appeals (OHA) administrative judges preside over hearings, their authority having been delegated from the Secretary of Energy. A hearing before an administrative judge is the last administrative review step for some matters (e.g., FOIA/Privacy Act appeals, and petitions for redress and exceptions). Personnel security and whistleblower matters may be appealed.

Types of Adjudication: 
Type B
Resources & Articles: (background info on OHA regulations)
Distinctive Features: 
The procedures that OHA uses vary, depending on the type of case involved. OHA procedures are flexible and easily adaptable to new situations. The cases that OHA hears may or may not be appealed, according to the type of case it is. If it may be appealed, there are several appeal routes, again, according to the type of case it is: (1) to the Director of the Office of Hearings and Appeals; (2) the Headquarters Appeals Panel (and then to the Secretary); or (3) to the Federal Energy Regulatory Commission (10 CFR 205.199C). 10 CFR Part 205 is used only to adjudicate matters which relate to federal oil regulations, while 10 CFR Part 1003 is used for adjudicating most other matters.
Other Comments: 
Effective October 1, 2013, the titles of OHA staff attorneys changed from "Hearing Officer" to "Administrative Judge" (see 78 Fed. Reg. 52389 (August 23, 2013)). Per the agency's announcement in the federal register, the title change was undertaken to bring OHA staff in line with the titles used at other Federal agencies for officials performing identical or similar adjudicatory work, as well as to elevate the stature of the professional adjudicatory services performed by OHA staff.
Verified by Agency: 
Is this a Major Adjudication: