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CNCSDISC0001 - Hearing Level - Procedures

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Agency Scheme:

CNCSDISC0001

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Department of the Chief Executive Officer

Name of Hearing Office (global name):

Corporation for National and Community Service: Department of the Chief Executive Officer

Hearing Officer #1 (Title):

Hearing Examiner

Hearing Officer #2 (Title):

Administrative Law Judge

Are administrative appeals permitted from final decisions at the hearing-level stage?:

Yes (All Types of Cases)

Comments/Notes on Adjudication Structure:

This scheme covers formal proceedings to suspend, terminate, or deny CNCS funding to program participants or applicants (egg, VISTA, Year for ACTION, Foster Grandparent Program) based on a finding of noncompliance with requirements under Title VI of the Civil Rights Act of 1964, Title IX, or section 504 of the Rehabilitation Act, which prohibit recipients of federal financial assistance from discriminating on the basis of race, color, national origin, sex, or disability in the operation of their programs. (45 CFR Parts 1203, 1232 & 1255).

*Note: Regulations specify that the "Director of ACTION" or an ALJ will preside over hearings. ACTION no longer exists, but was one of the predecessor agencies to CNCS. Accordingly, it is assumed that the CNCS Director now holds the authority to preside over these hearings, along with ALJs.

PROCESS & PROCEDURE - General Information

Are private parties permitted to have representation at hearings?:

Yes (All Types of Cases)

Is the agency permitted to have representation at hearings?:

Yes (All Types of Cases)

Who may serve as an agency representative?:

Either

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

45 CFR 1203.8-1203.11, 1232.16, 2555.605

PROCESS & PROCEDURE - Pre-Hearing Procedure

Is discovery permitted by either party at the hearing-level stage?:

No

Does the hearing officer have subpoena authority?:

No

Are ex parte contacts prohibited?:

No

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

How many hearing officers preside at each hearing?:

One

Is witness testimony permitted at hearings?:

Varies by Case

If "Varies by Case," please describe:

Witness testimony is permitted when an oral hearing is requested by the applicant or recipient. (45 CFR 1203.9(d)). Not applicable for written (document-only) hearings.

Can parties cross-examine witnesses?:

Varies by Case

If "Varies by Case," please describe:

Cross-examination of witnesses is permitted when an oral hearing is requested by the applicant or recipient. (45 CFR 1203.9(d)). Not applicable for written (document-only) hearings.

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

No

Are hearings recorded and/or transcribed?:

Yes

N/A (Document-Only Hearings)

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts the decision at the hearing-level stage?:

Adjudication Officer

Other

If "Other," please specify (drafts):

The Director may, at his/her discretion, refer the case to an ALJ to conduct an oral (evidentiary) hearing. If the hearing is held by an ALJ, he/shall makes an initial decision and certifies the record to the agency head (i.e., CNCS CEO).

Who has authority to issue final decisions?:

Adjudication Officer

Other

If "Other," please specify:

The CNCS CEO has authority to issue final decisions. He/she may or may not serve as the hearing officer, depending on whether there has been a discretionary referral to an ALJ for oral hearing.

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

No

Is judicial review available after issuance of a final decision?:

Yes (All Types of Cases)

PROCESS & PROCEDURE - Case Management

How are claims/cases processed at the hearing-level stage?:

First-In/First-Out Basis

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

ADJUDICATORS

Total # of Hearing Officers:

1

Information About Officer:

Adjudication Officer Title	Job Series	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?
Hearing Examiner					No	As the executive head of the agency, the CNCS CEO is responsible for all aspects of agency operations and management.	No
Administrative Law Judge	0935-Administrative Law Judge	AL	3-Jan	No	Yes		No

ADR: General Information

Is ADR available at one or more points during the hearing process?:

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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CNCSDISC0001 - Hearing Level - Procedures