Joint project of ACUS and Stanford Law School

FECOREPA0001 - Hearing Level - Procedures

Open All Tabs | Close All Tabs

Other Fields

Agency Scheme:

FECOREPA0001

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Commission

Name of Hearing Office (global name):

Federal Election Commission: Commission

Hearing Officer #1 (Title):

Commissioners

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

No

Comments/Notes on Adjudication Structure:

A presidential candidate's campaign committee may receive funds certified from the Presidential Election Campaign Fund or the Presidential Primary Matching Payment Account, as appropriate, to partially defray the cost of the candidate's campaign. After the campaign, the FEC conducts audits to determine whether candidates have received funds to which they are not entitled, either by overpayment ; by spending on things disallowed under the Presidential Election Campaign Fund Act; or payment based on contributions which cannot be matched under the Presidential Primary Matching Payment Act. Based on the audit, the Commission notifies the candidate of its repayment determination, and gives them the opportunity to dispute the determination. The audit containing the repayment determination must be approved by a majority vote of the six-member Commission. A candidate or his or her committee may seek administrative review of the determination orally or in writing. After the hearing, the Commission issues a final decision.

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?:

N/A (e.g., Agency Not Party to Hearing)

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

11 CFR Parts 9007 and 9008, 9036, and 9038 (especially 9007.2, 9007.5, 9008.12, 9038.2, and 9038.5).

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?:

Yes (All Types of Cases)

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

In-Person

Phone

How is the type of hearing selected:

By Agency

By Private Party

How many hearing officers preside at each hearing?:

Four or More

Is witness testimony permitted at hearings?:

No

If "Varies by Case," please describe:

Witness testimony is not permitted in oral hearings. This question is not applicable to document-only hearings.

Can parties cross-examine witnesses?:

No

If "Varies by Case," please describe:

Cross examination is not permitted in 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?:

Yes

N/A (Document-Only Hearings)

Are hearings open to the public?:

Varies by Case

If "Varies by Case," please describe:

The hearing is presumed open for oral hearings. This question is not applicable to document-only hearings.

PROCESS & PROCEDURE - Post-Hearing Procedure

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

Staff Attorney

If "Other," please specify (drafts):

The Commission's Office of General Counsel submits a draft Statement of Reasons to the Commission for its consideration, potential amendment, and ultimate adoption.

Who has authority to issue final decisions?:

Adjudication Officer

Do agency regulations or guidance provide time limits for issuance of final decisions?:

No

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

0 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?:

Other

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

In recent years, requests for administrative review of Commission repayment determinations are rare enough that it would be difficult to generalize.

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?:

Yes (All Types of Cases)

If "Yes," please provide citation(s):

11 CFR 9007.7, 9038.7

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):

A candidate or committee may petition the Commission for rehearing after it issues a final determination. See 11 CFR 9007.5, 9008.14, 9038.5. The candidate or committee must raise new questions of law or fact that would materially alter the repayment determination and demonstrate by clear and convincing evidence that these new questions could not have been presented during the original determination process. Otherwise, however, appeal from a final determination on administrative review is taken to the U.S. Court of Appeals for the District of Columbia Circuit.

ADJUDICATORS

Total # of Hearing Officers:

6

Information About Officer:

Adjudication Officer Title	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?
Commissioners	EX	IV	No	No	The Commissioners, who are appointed by the President subject to Senate confirmation, have a variety of other duties as part of their statutory mandate to administer, seek to obtain compliance with, and formulate policy with respect to the Federal Election Campaign Act, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act.	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

Total # Cases Decided/Closed (FY2013):

0

Total # Cases Pending (End of 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

FECOREPA0001 - Hearing Level - Procedures