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DOSONOND0009 - Appeal Level 1 - Procedures

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Agency Scheme:

DOSONOND0009

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of Civil Rights

Appeal Office (global name):

Department of State: Office of Civil Rights

Sub-Agency/Bureau/Division::

Office of the Secretary of State

Appeal Officer #1 (Title):

Director

Appeal Officer #2 (Title):

n/a

Are administrative appeals permitted from final decisions issued by this appellate office?:

No

Comments/Notes on Adjudication Structure:

Review of initial decisions by an Administrative Law Judge relating to enforcement action by the Department of State to suspend, terminate, or deny funding to program participants or applicants based on noncompliance with requirements under Title VI of the Civil Rights Act of 1964, Rehabilitation Act, Age Discrimination Act, or Title IX. (22 CFR Parts 141, 142, 143 & 146). Either party may appeal the ALJ's decision. Other than providing each party with an opportunity to appeal an adverse decision by the ALJ, current appellate procedures set forth in 22 CFR Part 141 do not specify any procedures for appellate review other than requests for review must be filed within 30 days of of the mailing of the ALJ's decision. (See 22 CFR 141.9(d); 22 CFR 142.70, 143.37, 146.605).

PROCESS & PROCEDURE - General Information

Which party (or parties) is/are permitted to file appeals with this office?:

Either

Are private parties permitted to have representation at appeal hearings?:

Yes (All Types of Cases)

Who may serve as a private party representative?:

Either

Is the agency permitted to have representation at appeal hearings?:

Yes (All Types of Cases)

Who may serve as an agency representative?:

Attorney

Are ex parte contacts prohibited?:

No

Regulations/rules of practice for appeal hearings (please include CFR citations):

22 CFR 141.9(d), 142.70, 143.37, 146.605

PROCESS & PROCEDURE - Hearing Procedure

How many appeal officers preside at each hearing?:

One

Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:

No

PROCESS & PROCEDURE - Post-Hearing Procedure

Who has authority to issue final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?:

No

Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:

Yes (All Types of Cases)

PROCESS & PROCEDURE - Case Management

Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?:

No

Are final decisions issued by this appellate office published and/or posted on the agency website?:

No

Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:

No

Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:

No

PROCESS & PROCEDURE

Comments/Notes on Appellate Process & Procedures (Optional):

Any final decision by the "Responsible Departmental Official" (or other adjudicator) must also be transmitted to the Secretary of State who may approve, vacate, or remit any sanction imposed. The Secretary must also file a "full written report of the circumstances and the grounds for the action" with the House and Senate committees having legislative jurisdiction over the program, and wait for 30 days to elapse, before any order suspending, terminating, or refusing to grant federal financial assistance can become effective. (22 CFR 141.9(e))

ADJUDICATORS

Total # of Appeal Officers:

1

Information About Appeal Officer:

Adjudication Officer Title	Are persons in this position employed full-time as adjudication officers?	If "No", briefly describe other duties:	Are persons in this position subject to quality control measures or production goals?
Director	No	As the head of the DOS Office of Civil Rights, the Director is responsible for advancing diversity within the Department and ensuring equal opportunity to all employees.	No
n/a

ADR: General Information

Is ADR available at one or more points for appellate cases heard by this office?:

No

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

CASELOAD STATISTICS - Summary Statistics

Total # Cases Filed/Opened (FY2013):

0

Total # Cases Decided/Closed (FY2013):

0

Total # Cases Pending (End of FY2013):

0

CASELOAD STATISTICS - Supplementary Statistics

Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:

No

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Verified

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DOSONOND0009 - Appeal Level 1 - Procedures