Other Fields
Agency Scheme: 
FCSCADJU0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Commission
Name of Hearing Office (global name): 
Foreign Claims Settlement Commission: Commission
Hearing Officer #1 (Title): 
Commission Members
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Proceedings to adjudicate compensation claims of U.S. nationals (civilian or military) against foreign governments under either the International Claims Settlement Act (ICSA) or the War Claims Act. Current ICSA compensation programs include: Libya (Third Program), Iraq (First and Second Programs), and Albania. Currently, claims under the War Claims Act are limited to otherwise eligible claims related to the Vietnam conflict. (There were no such claims in 2013.)

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)?: 
90.00%
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): 
45 CFR Parts 500-501, 504-509
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Claimants may seek, upon Commission approval and issuance/order (as applicable), discovery through subpoenas duces tecum and depositions (oral or written). (45 CFR 501.2, 501.5)
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
15 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
In-Person: 
100%
How is the type of hearing selected: 
By Private Party
How many hearing officers preside at each hearing?: 
Three
If "Varies by Case," please describe: 
[Note: The full Commission consists of 3 members -- a Chairman and two Commissioners; however, the Chairmanship is currently vacant.]
Is witness testimony permitted at hearings?: 
Yes
If "Varies by Case," please describe: 
Claimants may request oral hearings (for presentation of legal argument, evidence, or both). If an evidentiary hearing is requested, witness testimony is permitted.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Claimants may request oral hearings (for presentation of legal argument, evidence, or both). If an evidentiary hearing is requested, cross-examination of witnesses is permitted.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Only at Party Request
Discretion of Adjudication Officer(s)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
Whether hearings are open or closed has depended on whether the statute authorizing the FCSC to adjudicate a class of claims prohibited disclosure of facts pertinent to the claims to the public (e.g., Holocaust Survivors Claims Program under P.L. 105-99: hearings were closed to the public)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Staff Attorney
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
The FCSC as a body issues its Final Decisions, each signed by the individual members. If one of the three members dissents, he or she drafts (usually with the assistance of a staff attorney) and signs a separate dissent document.
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?: 
First-In/First-Out Basis
Please briefly describe your case management practice(s) at the hearing level stage: 
Claims are acknowledged, numbered and assigned to staff attorneys for review and development in the order in which they are received. The staff attorneys then present the individual claims to the FCSC members with recommendations for initial determinations ("Proposed Decisions," drafted by the staff attorneys) when, under supervision of the Chief Counsel, the staff attorneys deem the claims sufficiently developed and documented to be ready for adjudication. The order of the adjudication of the claims varies depending on which claims are ready soonest. Following a full review of the claim and all supporting material, the Commission issues a written “Proposed Decision.” This Proposed Decision is forwarded to the claimant or claimant's counsel who is advised of the right to file an objection in writing within a specified period of time if the claimant is dissatisfied and believes there are grounds for a more favorable decision. The claimant may submit, in writing, any additional evidence and argument in support of the objection and may also request an oral hearing before the Commission to present evidence (including testimony) and argument. Thereafter, the Commission reconsiders the entire record and renders its determination by issuing a “Final Decision.” If no timely objection is received on a claim, the Proposed Decision is automatically entered as the Commission’s Final 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?: 
Yes (All Decisions)
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): 
As mentioned in its regulations (45 CFR 509.6(d)), the FCSC conducts hearings as non-adversarial proceedings. Accordingly, there is no agency representative at the hearings, which is why the "N/A" is checked in the second section of Box 1 above (page 4). Rather, an FCSC staff attorney is present at the hearing to assist the FCSC members in ensuring that the hearing is conducted efficiently and that the facts and law pertinent to each claim are fully and carefully analyzed and considered.
ADJUDICATORS
Total # of Hearing Officers: 
3
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The FCSC's regulations (45 CFR 509.5(b)) provide that the FCSC members may designate a legal staff member to issue initial determinations ("Proposed Decisions") making findings of fact and conclusions of law in claims filed under the International Claims Settlement Act (22 U.S.C. 1621 et seq.). If no objection is filed, a staff-prepared Proposed Decision will become the Commission's Final Decision upon approval by the Commission within 30 days. If an objection is filed and a hearing requested, the FCSC members may designate a staff member to conduct the hearing, 45 CFR 509.6(c), although it is the FCSC members who proceed to issue a Final Decision in determination of the claim. 45 CFR 509.5(i). This practice has not been followed in many years.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
27
Total # Cases Decided/Closed (FY2013): 
53
Total # Cases Pending (End of FY2013): 
28
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
Verified by Agency: 
Verified