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DOJXVCFX0009 - Hearing Level - Procedures

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Agency Scheme:

DOJXVCFX0009

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

September 11th Victim Compensation Fund

Name of Hearing Office (global name):

Department of Justice: September 11th Victim Compensation Fund

Sub-Agency/Bureau/Division::

Civil Division

Hearing Officer #1 (Title):

Special Master

Hearing Officer #2 (Title):

Designee/Hearing Officer

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

No

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?:

Either

About what percentage of private parties were represented at hearings (FY2013)?:

88.30%

Is the agency permitted to have representation at hearings?:

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

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

28 CFR 104.33

Other published guidance for hearings (if any):

NB: We do not directly track what percentage of claimants are represented at their hearings. We know that 88% of claimants are represented at some point during their claim.

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

Phone

Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)

Written (Document-Only) Hearing:

5%

In-Person:

70%

Phone:

25%

How is the type of hearing selected:

Depends on Nature of Case/Claim

Please describe:

The claimant selects what type of hearings he or she wants. NB: On the above question of how far in advance notice of the hearing is given -- we permit claimants to schedule the hearing. We offer multiple dates 1-4 months in the future, and the claimant may select from those dates.

How many hearing officers preside at each hearing?:

One

If "Varies by Case," please describe:

Although only one hearing officer presides, multiple hearing officers may participate in the hearings for training and educational purposes.

Is witness testimony permitted at hearings?:

Varies by Case

If "Varies by Case," please describe:

Witness testimony is permitted at in-person and phone hearings. This question is not applicable to document-only hearings.

Can parties cross-examine witnesses?:

No

If "Varies by Case," please describe:

These are non-adversarial proceedings so there is no opposing party to conduct a cross-examination. However, the hearing officer may question witnesses.

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

Yes

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:

Hearings are closed. This question is not applicable to document-only hearings.

PROCESS & PROCEDURE - Post-Hearing Procedure

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

Program Official

Who has authority to issue final decisions?:

Program Official

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

No

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

No

PROCESS & PROCEDURE - Case Management

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

Differentiated Case Management

Please briefly describe your case management practice(s) at the hearing level stage:

If, during the course of a hearing, it becomes clear that there may be relevant evidence that has not yet been provided, we give the claimant between 30 and 60 days to provide that evidence. If they agree to provide the evidence, the claim is held out of first-in/first-out until the 30 or 60 days has elapsed or the evidence is received.

Does the agency permit web-based electronic filing of hearing-related briefs or other documents?:

Yes

Are final decisions published and/or posted on the agency website?:

Yes (Some Decisions)

If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe:

A written decision is not posted, but a generalized statement of every adjudication made by the VCF is published on our website.

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 agency allows web-based electronic filing of the original claim form and related documents and hearing documents. However, the appeals form is sent directly to the claimant when he/she receives notification of the eligibility determination and/or loss determination amount.

ADJUDICATORS

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?
Special Master	0905-Gen'l Attorney Series	N/A	N/A	No	No	The Special Master is the head of the Victim Compensation Fund and was responsible for publishing the rules that govern the VCF's operations. The Special Master is also still involved in private practice as a partner in a corporate law firm. The Special Master and the hearing officers are all Special Government Employees who work without compensation.	No
Designee/Hearing Officer

Comments/Notes on Hearing-Level Adjudicators (Optional):

Hearing Officers are qualified individuals who have been trained expressly for these proceedings. They are typically retired judges, retired attorneys, and law professors.

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

Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:

No

Web address:

http://www.vcf.gov/newsandreports.html

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Verified

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DOJXVCFX0009 - Hearing Level - Procedures