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EACODBAR0001 - Appeal Level 1 - Procedures

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Agency Scheme:

EACODBAR0001

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the Executive Director

Appeal Office (global name):

United States Election Assistance Commission: Office of the Executive Director

Sub-Agency/Bureau/Division::

N/A

Appeal Officer #1 (Title):

Debarment Appeals Body

Appeal Officer #2 (Title):

Election Assistance Commission

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

No

Comments/Notes on Adjudication Structure:

Proceedings for respondent appeals of nonprocurement debarment determinations by the U.S. Election Assistance Commission (EAC)'s debarring official. Appeals are heard by the Debarment Appeals Body, which, by regulation, is a panel comprised of three officials: EAC Executive Director, EAC Chief Financial Officer, and EAC Chief Operating Officer. The Debarment Appeals Body reviews the record and appeal and makes a recommendation to the Commission whether to sustain or reverse the debarring official's decision. The Commission then votes "by circulation" regarding acceptance or rejection of the Debarment Appeals Body's recommendation. (2 CFR 5800.890)

PROCESS & PROCEDURE - General Information

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

Private Party

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?:

N/A (e.g., Agency Not Party to Hearing)

Are ex parte contacts prohibited?:

No

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

2 CFR 5800.890

Other published guidance for appeal hearings (if any):

N/A

PROCESS & PROCEDURE - Hearing Procedure

What types of hearings are permitted on appeals adjudicated by this office?:

Written (Document-Only) Hearing

Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing:
100%

How is the type of hearing selected for appeals heard by this office?:

Required by Rule

How many appeal officers preside at each hearing?:

Four or More

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

No

Can third-parties submit amicus briefs and/or evidence?:

No

Are appeal hearings recorded and/or transcribed?:

N/A (Document-Only Hearings)

Are appeal hearings open to the public?:

N/A (Document-Only Hearing)

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

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

Other

If "Other/Varies by Case," please specify:

EAC Commissioners vote on whether to accept or reject the recommendation of the Debarment Appeals Body. (2 C.F.R. 5800.890(a)(2))

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):

The standard of review governing appeals reviewed by the Debarment Appeals Body is as follows: "The [Debarment Appeals Body] may recommend to the EAC Commissioners that the debarring official's decision be reversed, based on a majority vote of the [Debarment Appeals Body] finds that the decision is based on a clear error of material fact or law, or where the [Debarment Appeals Body] finds that the debarring official's decision was arbitrary, capricious, or an abuse of discretion." (2 CFR 5800.890(a)(2))

ADJUDICATORS

Total # of Appeal Officers:

3

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?
Debarment Appeals Body	No	The EAC officials on the Debarment Appeals Body (i.e., the Executive Director, CFO, and COO) are each senior agency officials responsible for agency operations and personnel in their respective management areas.	No
Election Assistance Commission	No	EAC Commission members, as co-heads of the agency, are responsible for all aspects or agency operations and personnel.	No

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 - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Not verified

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EACODBAR0001 - Appeal Level 1 - Procedures