OALJ proceedings, including rulemaking and adjudicatory hearings, are subject to the Administrative Procedure Act (APA), 5 U.S.C. §§ 551 et seq. OALJ proceedings are conducted pursuant to the over fifty statutes administered by USDA agencies that require APA hearings as well as the corresponding regulations and rules of practice. For more information visit OALJ/OJO Acts and Programs Administered and OALJ/OJO Rules of Practice and Procedure.
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|Application or Request for Subpoena||To be filed with subpoena and/or subpoena duces tecum|
|Subpoena||For appearance and testimony of witness|
|Subpoena Duces Tecum||For production of documents, information, or objects|
|Notice of Appearance||Entry of appearance by counsel|
Documents may be filed with the Hearing Clerk's Office on weekdays (except on federal holidays) between the hours of 8:30 am and 4:30 pm (Eastern).
The Rules of Practice establish timelines for filing. Please refer to the Rules of Practice.
Mail sent to USDA is irradiated, thereby delaying receipt. It is therefore recommended that parties use a commercial carrier (such as FedEx or UPS) or the overnight service of USPS when mailing to the Hearing Clerk's Office.
For information and/or documents relating to a case, you may submit a written request to the Hearing Clerk’s Office (HCO) via email, fax, or regular mail.
All requests shall include the following:
- Name of requester;
- Docket number, if known;
- Requester's relationship to docket (i.e., party or counsel);
- Requester's contact information (mailing address; email address; telephone number; fax number);
- Description of information/documents being requested; and
- If requesting copies of documents, preferred method of delivery (mail; email; fax).
Please note that information and documents relating to a case will not be provided to individuals nor entities not affiliated with the case. For information about filing a Freedom of Information Act (FOIA) request, please visit the USDA FOIA website.
A party who wishes to procure an individual's appearance and testimony at a hearing may request that the Judge issue a subpoena. Additionally, a party who seeks to have an individual produce certain documents may request that the Judge issue a subpoena duces tecum.
To request issuance of a subpoena or subpoena duces tecum, a party should file with the Hearing Clerk's Office: (1) an application or request for subpoena; and (2) the subpoena and/or subpoena duces tecum that requires the Judge's signature. Please note that the necessary forms may be downloaded from the chart above. Once the Judge has signed the subpoena and/or subpoena duces tecum, the requesting party must have it served. Anyone who is at least 18 years of age and not a party to the case may serve the subpoena and/or subpoena duces tecum.