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DOVABURI0005 - Hearing Level - Procedures

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Agency Scheme:

DOVABURI0005

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Office of the Under Secretary for Memorial Affairs

Name of Hearing Office (global name):

Department of Veterans Affairs: Office of the Under Secretary for Memorial Affairs

Sub-Agency/Bureau/Division::

National Cemetery Administration

Hearing Officer #1 (Title):

Director for the Memorial Services Network

Hearing Officer #2 (Title):

Under Secretary for Memorial Affairs

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

Yes (Some Types of Cases)

Comments/Notes on Adjudication Structure:

A deceased veteran found to have committed a federal or state capital crime, but avoided conviction because he or she was unavailable for trial due to death or flight has an opportunity through his or her representative to contest such finding before either the Director for the Memorial Services Network or his or her designee. After the hearing, the Director or designee will determine whether it has been established by clear and convincing evidence that the deceased committed a federal or state capital crime. If it has not been so established, and the deceased otherwise remains eligible, the internment/memorialization will be approved. If the Director believes it has been so established, the record and recommended decision will be sent to the Under Secretary for Memorial Affairs for final decision. If the deceased's representative is dissatisfied with the Under Secretary's decision, he or she may appeal it to the Board of Veterans' Appeals.

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

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):

38 CFR 38.617-38.618

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?:

In-Person

How is the type of hearing selected:

Required by Rule

How many hearing officers preside at each hearing?:

One

Is witness testimony permitted at hearings?:

Yes

Can parties cross-examine witnesses?:

No

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

No

Are hearings recorded and/or transcribed?:

Yes

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

Other

If "Other," please specify:

After the hearing, the Director or designee will determine whether it has been established by clear and convincing evidence that the deceased committed a federal or state capital crime. If it has not been so established, and the deceased otherwise remains eligible, the internment/memorialization will be approved. If the Director believes it has been so established, the record and recommended decision will be sent to the Under Secretary for Memorial Affairs for final decision.

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

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):

Testimony must be given under oath, and the representative may call witnesses. The court rules of evidence does not apply, and the hearing is conducted in an informal manner. See 38 CFR 38.618(d)

ADJUDICATORS

Information About Officer:

Adjudication Officer Title	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?
Director for the Memorial Services Network	No	No	The director has other duties commensurate with his or her position.	No
Under Secretary for Memorial Affairs	No	No	The under secretary has other duties commensurate with his or her position.	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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DOVABURI0005 - Hearing Level - Procedures