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Do I have a right to a hearing before the Director of OARM on the merits of my request for corrective action?
No. You are not automatically entitled to a hearing on your request for corrective action. A hearing may be held at the discretion of OARM where you have presented a legal claim supported by sufficient evidence of a triable issue of fact. Notably, however, during the course of the proceedings on your request for corrective action, either party may request (or OARM may order) a conference with the Director of OARM to address matters such as the status of the case, jurisdiction, discovery, etc.
How do I request a hearing before the Director of OARM?
A request for a hearing must be made in writing to the Director of OARM, submitted no later than 5 calendar days after the close of merits briefing, and shall:
- Include a list of all agreed upon material facts;
- Identify any disputed material issues of fact that need resolution through testimonial evidence; and
- State that the other party has been consulted and either agrees or disagrees with the need for a hearing.
If neither party requests a hearing, or if a hearing is requested, but not granted, OARM will set a schedule for briefing on the merits.
Are hearings held in-person or via telephone or videoconference?
Generally, the parties, the witnesses, and the Director/Assistant Director of OARM shall attend hearings in-person. However, OARM in its discretion, may hold the hearing in whole or in part by telephone, videoconference, or in-person at OARM's hearing/conference room (or designated alternate hearing site). Among the factors OARM will consider in deciding whether to hold a hearing in whole or in part by videoconference or telephone are:
- The distance that Complainant and/or Complainant's representative must travel to access video-teleconferencing equipment;
- A comparison of the total costs of holding an in-person, video, or telephonic hearing;
- The distance the parties and their witnesses would have to travel to appear in person; and
- Whether appearance by videoconference or telephone of the parties and their respective witnesses would unduly prejudice Complainant and/or the FBI.