Other Fields
Agency Scheme: 
DOENDEBT0013
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the General Counsel
Name of Hearing Office (global name): 
Department of Energy: Office of the General Counsel
Hearing Officer #1 (Title): 
Hearing Official
Comments/Notes on Adjudication Structure: 

Proceedings under 10 CFR 1015 in which a debtor may seek review of a Notice of Debt Collection relating to a delinquent debt owed to DOE or another federal agency prior to such action becoming final. Review proceedings may address: (1) the existence or amount of debt; (2) the proposed schedule for salary offset (if debtor is a federal employee); or (3) whether debt is past due or legally enforceable. Claims collection mechanisms include salary offset, administrative offset, tax refund offset, or administrative wage garnishment.

Applicable regulations (including those of DOE, the Department of Treasury, and the Federal Claims Collection Standards (31 CFR 900-904)) require an opportunity for either a written or oral hearing, but do not specify the hearing officer.

PROCESS & PROCEDURE - General Information
Regulations/rules of practice for hearings (please include CFR citations): 
10 CFR 1015.203, 1015.208, 1015.209, 1015.215; 31 CFR 285.11, 901.3
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
The debtor has the opportunity to inspect and copy DOE's records relating to the debt.
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
Phone
How is the type of hearing selected: 
By Agency
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 may be allowed during oral hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
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
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
60 days
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
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): 
"The hearing official must maintain a summary record of any hearing provided under this section." 31 CFR 285.11(f)(9) "A hearing is not required to be a formal evidentiary-type hearing." 31 CFR 285.11(f)(9)
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
Regulations/rules of practice governing ADR process (please include CFR citations): 
10 CFR 1015.101(c)
Verified by Agency: 
Not verified