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NSFOFADJ0001 - Appeal Level 1 - Procedures

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Agency Scheme:

NSFOFADJ0001

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the Director

Appeal Office (global name):

National Science Foundation: Office of the Director

Appeal Officer #1 (Title):

Director

Appeal Officer #2 (Title):

N/A

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

Yes (All Types of Cases)

Comments/Notes on Adjudication Structure:

Appellate review of initial decisions in NSF enforcement actions by an Administrative Law Judge (or other designated hearing officer) at the hearing level relating to civil penalties under the Antarctic Conservation Act, Program Fraud Civil Remedies Act, and lobbying restrictions on federal grantees/contractors, as well as determinations to de-fund recipients of NSF funding due to prohibited discrimination (e.g., age, race, gender). (See 45 CFR 605.61 (Rehabilitation Act), 611.11(e) (Title VI), 617.13 (Age Discrimination Act), 618.05 (title IX), 672.22 (ACA), 681.37 (PFCRA)).

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?:

Attorney

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):

45 CFR 672.22 (ACA); see also 45 CFR 604.405 (lobbying restrictions), 605.61 (Rehabilitation Act), 611.11(e) (Title VI), 617.13 (Age Discrimination Act), 618.05 (title IX), 681.37 (PFCRA)

PROCESS & PROCEDURE - Hearing Procedure

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

Written (Document-Only) Hearing

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

Required by Rule

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

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?:

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

How are claims/cases processed at this appellate office?:

First-In/First-Out Basis

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

ADJUDICATORS

Total # of Appeal Officers:

1

Information About Appeal Officer:

Adjudication Officer Title	Pay Plan	Pay Range	Are persons in this position subject to performance evaluation?	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	EX	II	No	No	As executive head of the agency, the NSF Director is responsible for all aspects of the Foundation's programs and operations.	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 - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Not verified

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NSFOFADJ0001 - Appeal Level 1 - Procedures