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DOVAOFFS0010 - Hearing Level - Procedures

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Agency Scheme:

DOVAOFFS0010

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Office of Management

Name of Hearing Office (global name):

Department of Veterans Affairs: Office of Management

Sub-Agency/Bureau/Division::

Debt Management Center

Hearing Officer #1 (Title):

Hearing Official

Hearing Officer #2 (Title):

N/A

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

No

Comments/Notes on Adjudication Structure:

No additional comments provided.

PROCESS & PROCEDURE - General Information

Are private parties permitted to have representation at hearings?:

Yes (Some Types of Cases)

Who may serve as a private party representative?:

Either

Is the agency permitted to have representation at hearings?:

Yes (Some Types of Cases)

Who may serve as an agency representative?:

Either

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

38 CFR 1.911a, 1.912, 1.923, 1.983-1.988

Other published guidance for hearings (if any):

http://www.va.gov/finance/docs/VA-FinancialPolicyVolumeXIIChapter01F.pdf; http://www.va.gov/finance/docs/VA-FinancialPolicyVolumeXIIChapter01D.pdf

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?:

No

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:

100%

How is the type of hearing selected:

By Agency

Please describe:

The default hearing is an written hearing, unless the debtor requests an oral hearing, and the hearing official determines that an oral hearing is required.

How many hearing officers preside at each hearing?:

One

Is witness testimony permitted at hearings?:

N/A (Document-Only Hearings)

Can parties cross-examine witnesses?:

N/A (Document-Only Hearings)

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

No

Are hearings recorded and/or transcribed?:

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?:

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

About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:

8 Days

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?:

First-In/First-Out Basis

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):

No additional comments.

ADJUDICATORS

Total # of Hearing Officers:

4

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?
Hearing Official	0300-Gen'l Admin/Clerical Group	GS	11-12	Yes	No	Generally additional duties are related to analysis and policy development and implementation.	No
N/A

ADR: General Information

Is ADR available at one or more points during the hearing process?:

No

If "Varies by Case," please describe::

N/A

If "Other," please specify::

N/A

If "Other," please specify::

N/A

Regulations/rules of practice governing ADR process (please include CFR citations):

N/A

Other published guidance on ADR process (if any)::

N/A

Comments/Notes on ADR Process (Optional):

No additional Comments

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

ADR Type or Case Type
N/A

Comments/Notes on ADR Statistics (Optional):

N/A

CASELOAD STATISTICS - Summary Statistics

Total # Cases Filed/Opened (FY2013):

152

Total # Cases Decided/Closed (FY2013):

146

Total # Cases Pending (End of FY2013):

6

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

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DOVAOFFS0010 - Hearing Level - Procedures