Joint project of ACUS and Stanford Law School

DOVAEMIG0002 - Hearing Level - Procedures

Open All Tabs | Close All Tabs

Other Fields

Agency Scheme:

DOVAEMIG0002

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Office of Academic Affiliations

Name of Hearing Office (global name):

Department of Veterans Affairs: Office of Academic Affiliations

Sub-Agency/Bureau/Division::

Veterans Health Administration

Hearing Officer #1 (Title):

Deputy Academic Affiliations Officer for the Office of Academic Affiliations

Hearing Officer #2 (Title):

Academic Affiliations Officer for the Office of Academic Affiliations

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

No

Comments/Notes on Adjudication Structure:

As one of four statutory missions, the Department of Veterans Affairs conducts an education and training program for health professions students and residents to enhance the quality of care provided to Veteran patients within the Veterans Health Administration healthcare system. In accordance with this mission, "To educate for VA and for the Nation", education and training efforts are accomplished through coordinated programs and activities in partnership with affiliated U.S. academic institutions.

Title 38 U.S.C. mandates that VA assist in the training of health professionals for its own needs and those of the nation. For almost sixty years, in accordance with VA's 1946 Policy Memorandum No. 2. VA has worked in partnership with this country's medical and associated health professions schools to provide high quality health care to America's veterans and to train new health professionals to meet the patient care needs within VA and the nation. This partnership has grown into the most comprehensive academic health system partnership in history.

In 2011, 116,794 trainees received some or all of their clinical training in VA. Of its 152 VA medical centers and 6 independent outpatient clinics (IOC's), 124 hospitals and 3 IOC's have affiliation agreements with 114 of 136 allopathic Accredited Medical Schools and 15 of 26 osteopathic medical schools for physician education, and in 40 other health professions represented by affiliations agreements with more than 1,800 colleges and universities. Many trainees have their health profession degrees and contribute substantially to VAs ability to deliver cost-effective and high-quality patient care during their advanced clinical training at VA.

To further VA's commitment to quality medical education, we solicit Request for Proposals (RFP) from our facilities and educational partners on topics of critical importance to VA's training programs. These RFPs are rigorously reviewed and funded based on their resulting competitive rank. Sites that do not receive funding for trainees obtain feedback about their application which allows them to be more competitive in future applications.

PROCESS & PROCEDURE - General Information

Are private parties permitted to have representation at hearings?:

No

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 17.250-17.266 "Grants for Exchange of Information"

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 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

Phone

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

Written (Document-Only) Hearing:

50%

Phone:

50%

How is the type of hearing selected:

Depends on Nature of Case/Claim

Please describe:

A letter with the results of the expert review panel is sent to the contacts from the site requesting the trainees under the RFP. There is an OAA contact person provided who can give more detailed information about the proposal results and answer further questions.

How many hearing officers preside at each hearing?:

Varies by Case

If "Varies by Case," please describe:

We have never had a case progress above the level of our office for review. Our Chief Academic Affiliations Officer (or Deputy Chief in his absence) review and approve all funding results after the expert panel reviews and makes recommendations.

Is witness testimony permitted at hearings?:

N/A (Document-Only Hearings)

If "Varies by Case," please describe:

This question is not applicable to document-only hearings.

Can parties cross-examine witnesses?:

No

If "Varies by Case," please describe:

Cross examination is permitted at 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

N/A (Document-Only Hearings)

Are hearings open to the public?:

N/A (Document-Only Hearing)

PROCESS & PROCEDURE - Post-Hearing Procedure

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

Other

If "Other," please specify (drafts):

Expert panels are convened to review proposals and provide recommendations to the Chief Academic Affiliations Officer, who makes the final funding decision.

Who has authority to issue final decisions?:

Adjudication Officer

Other

If "Other," please specify:

Chief Academic Affiliations Officer, or in his absence, the Deputy.

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?:

Other

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

Not applicable

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?:

Yes (Some Decisions)

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

If the RFP results will be of general interest to a larger group than just those who applied, or create positive publicity for the agency, an effort to publicize the results occurs.

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

Information About Officer:

Adjudication Officer Title	Job Series	Pay Plan	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?
Deputy Academic Affiliations Officer for the Office of Academic Affiliations	0600-Medical/Public Health Group	SES	Yes	No	The Deputy Academic Affiliations Officer for the Office of Academic Affiliations has other duties commensurate with that position.	No
Academic Affiliations Officer for the Office of Academic Affiliations	0600-Medical/Public Health Group	SES	Yes	No		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 - Summary Statistics

Total # Cases Filed/Opened (FY2013):

0

CASELOAD STATISTICS - Supplementary Statistics

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

No

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Verified

Search form

You are here

Reports

User login

DOVAEMIG0002 - Hearing Level - Procedures