Other Fields
Agency Scheme: 
BBGOFARG0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Contracts
Name of Hearing Office (global name): 
Broadcasting Board of Governors: Office of Contracts
Sub-Agency/Bureau/Division:: 
N/A
Hearing Officer #1 (Title): 
Director
Hearing Officer #2 (Title): 
Fact-Finding Board (Director, General Counsel, Cong. Liaison)
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Hearing Officer #1: BBG regulations designate the Director, Office of Contracts as the "Board Procurement Executive."

Hearing Officer #2: 48 CFR 1909.406-3(b) states that the Board Procurement Executive shall preside and make all findings if contractors desire to present information and arguments in writing. If they desire to make oral presentations, however, they appear before a three-person fact-finding board composed of one member each from the Office of General Counsel and Congressional Liaison, the Bureau of Management, and the Office of Contracts. This panel in turn submits its factual findings to the Board Procurement Executive. This 3-person fact-finding board is thus listed as "Hearing Officer #2."

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
48 CFR 1909.406-3
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Formal discovery devices are not expressly provided for, but 22 CFR 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made.
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Private Party
Please describe: 
22 CFR 512.10(c) distinguishes between oral and document-only hearings, allowing the former only in certain circumstances (e.g., when the determination turns on an issue of veracity). All other hearings are document-only.
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
In cases where the contractor does not request an in-person hearing, only the Board Procurement Executive presides and renders a decision. In cases where the contractor requests an in-person hearing, the matter is referred to a three-person fact-finding board composed of one member each from the Office of General Counsel and Congressional Liaison, the Bureau of Management, and the Office of Contracts, other than the initiating officer. That panel then submits its findings to the Board Procurement Officer for his final decision. See 48 CFR 1909.406-3(b).
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
48 CFR 1909.406-3 only guarantees an oral hearing when the contractor requests it. All other 'hearings' are based solely on the written submissions and presided over by the Board Procurement Executive. Hearings in the former category, designed to resolve dispute issues of fact, necessarily entail the ability to present evidence.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
-48 CFR 1909.406-3 does not expressly provide for the right to cross-examine, but the FAR sections do allow it in certain types of cases (i.e., suspensions/debarments not based upon a conviction or civil judgment). See FAR 9.406-3(b)(2)(i); 9.407-3(b)(2)(i).
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
For document-only hearings, there are necessarily no hearings. For in-person hearings, the regulations are silent as to whether hearings are open or closed.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
If "Other," please specify: 
Board of Governors
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
The debarring/suspending official's final decision must be made in writing in accordance with FAR 9.406-3. That section, in turn, only specifies a time limit (30 working days from receipt of any information submitted by the contractor) for debarment cases based on a conviction or civil judgment or in which there is no genuine dispute of material fact. See FAR 9.406-3(d)(1). Otherwise, the only requirement is that "prompt" notice must be provided when the official reaches a decision in debarment cases. There is no parallel provision for suspension cases.
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
A formal hearing is only triggered in those cases where the affected contractor requests the opportunity to make an oral presentation concerning his information and arguments. See 48 CFR 1909.406-3(b)(2). All other decisions are based solely on the written submissions, without a hearing.
ADJUDICATORS
Total # of Hearing Officers: 
4
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
If "Other," please specify:: 
Settlement authority given to the Board under 22 CFR 512.13
Verified by Agency: 
Not verified