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EEOCTECH0003 - Hearing Level - Procedures

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Agency Scheme:

EEOCTECH0003

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Office of Equal Opportunity

Name of Hearing Office (global name):

Equal Employment Opportunity Commission: Office of Equal Opportunity

Hearing Officer #1 (Title):

Director, Office of Equal Opportunity

Hearing Officer #2 (Title):

N/A

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

Yes (All Types of Cases)

Comments/Notes on Adjudication Structure:

Informal proceedings to review and adjudicate complaints under sections 504 and 508 of the Rehabilitation Act, which requires that federal agencies prohibit discrimination in programs or activities and to develop, procure, maintain, or use electronic and information technology. (29 CFR Part 1615)

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)?:

0.00%

Is the agency permitted to have representation at hearings?:

Yes (All Types of Cases)

Who may serve as an agency representative?:

Attorney

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

29 CFR Part 1615

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

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:

Required by Rule

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

Staff Attorney

Program Official

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):

The Commission must issue a written decision within 180 calendar days of receipt of a complete complaint for which it has jurisdiction.

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

180 Days

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

Yes (All Types of Cases)

PROCESS & PROCEDURE - Case Management

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

First-In/First-Out Basis

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

Complaints are assigned to staff to determine jurisdiction and/or sufficiency of information. Ultimately, if the complaint is accepted, it is assigned to another staff member to investigate. Upon completion of the investigation, an OEO attorney drafts the decision.

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):

An employee initially files a complaint with EEOC's Office of Equal Opportunity (OEO) as an individual or as a class representative. OEO then investigates the complaint and, within 180 days, the Commission notifies the complainant-employee of the results of the investigation and issues a letter with its findings of fact and conclusions of law and remedy (if any). Appeals of these decisions are governed by 29 C.F.R. 1615.170 (i)-(m). Civil Actions are governed by 29 C.F.R. 1615.170(n).

ADJUDICATORS

Total # of Hearing Officers:

1

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?	If "Yes," briefly describe:
Director, Office of Equal Opportunity	0905-Gen'l Attorney Series	GS	15	Yes	No	The Director of the Office of Equal Opportunity is responsible for management and oversight of the Agency's EEO Program.	Yes	Complainants are able to appeal the decisions to the Commission. In this capacity, the decision is assessed and evaluated and, if any issues or concerns were identified, the Chief Operating Officer would communicate same to the EEO Director.
N/A

ADR: General Information

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

Yes

If "Yes," when is ADR available?:

Before Claim/Case Filed

Pre-Hearing

Post-Hearing

Is ADR a mandatory or voluntary process?:

Voluntary

What type(s) of ADR are available?:

Mediation

Who conducts the ADR?:

Third-Party Neutral

Agency ADR Official

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

Handbook for RESOLVE Program-EEOC's Internal Alternative Dispute Resolution Program (undated)

Comments/Notes on ADR Process (Optional):

RESOLVE is only available for these types of complaints to employees of the Commission. The RESOLVE program seeks to complete the mediation process within 21 days of the date of the employee contact the ADR program. The EEOC Chief Mediator maintains a list of qualified mediators from 3 sources: Alliance for Education in Dispute Resolution at Corn ell University; the Federal Mediation and Conciliation Service, and the federal shared neutral programs. Mediation may be either in-person or by telephone.

ADR – Summary Statistics

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

ADR Type or Case Type	# of ADR Matters Initiated (FY2013)	# ADR Matters Resolved (FY2013)	# ADR Matters Pending (End of FY2013)
Discrimination Complaint	1	0	1

Comments/Notes on ADR Statistics (Optional):

The Agency's ADR program handles all sorts of matters. For the purposes of this form, we are only providing data related to complaints of discrimination under Sections 504 and 508.

CASELOAD STATISTICS - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Case Type	Total # Cases Filed/Opened (FY2013)	Total # Cases Decided/Closed (FY2013)	Total # Cases Pending (End of FY2013)
Discrimination Complaints	2	1	1

Verified by Agency:

Verified

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EEOCTECH0003 - Hearing Level - Procedures