Comments/Notes on Hearing-Level Process & Procedures (Optional):
-The regulations do not specify exactly who may represent private parties. They do provide that private parties "or [their] representative[s]" must provide information in opposition if they wish to contest these punishments, but they do not define the term "representative." See 2 CFR 180.720; 2 CFR 180.815.
-As these proceedings are more inquisitorial than adversarial in nature, with the private party alone presenting additional facts in front of the suspending or debarring official, I have answered that the agency is not represented. The regulations clarify that the agency bears the burden to establish a cause for debarment in such actions, see 2 CFR 180.855, but the burden immediately shifts to the respondent to show that debarment is not warranted. Id. Most likely, the suspending or debarring official (who initiates and presides over the proceedings) briefly establishes the cause for punishment and the hearings focus on the respondent's rebuttal.
-There is no express provision for discovery in the regulations. Though the initial suspension/debarment notices must disclose the proposed action and the causes for it, they must only do so "in terms sufficient to put [the respondent] on notice" without disclosing the Government's evidence. 2 CFR 180.715(c); 2 CFR 180.805(b).
-In those cases where additional factfinding is permitted, the regulations state that "the [suspending or debarring] official or designee must conduct additional proceedings to resolve those facts." 2 CFR 180.735(c); 2 CFR 180.830(c). Considering that respondents in those cases may present witnesses and confront the witnesses against them, see 2 CFR 180.745(a) and 2 CFR 180.840(a), notice of the hearing is necessarily implied.