Other Fields
Agency Scheme: 
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Director
Name of Hearing Office (global name): 
Federal Housing Finance Agency: Office of the Director
Hearing Officer #1 (Title): 
Director
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
12 CFR 1229.12(c), 1209.102
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
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
In-Person
How is the type of hearing selected: 
By Agency
Please describe: 
In salary offset cases, "[i]f an oral hearing is requested, the employee should explain why a hearing by examination of the documents without an oral hearing would not resolve the matter." 12 CFR 1208.23(a)(3) "If the hearing official determines that an oral hearing is not necessary, he or she shall make the determination based upon an examination of the documents." 12 CFR 1208.23(c)(3) In administrative offset cases, "FHFA shall provide the debtor with a reasonable opportunity for an oral hearing" in certain circumstances. 12 CFR 1208.43(c). In administrative wage garnishment cases, ". . . FHFA will afford the debtor a hearing, which at FHFA's option may be oral or written. FHFA will provide the debtor with a reasonable opportunity for an oral hearing when FHFA determines that the issues in dispute cannot be resolved by review of the documentary evidence. . . . An oral hearing may, at the debtor's option, be conducted either in person or by telephone conference." 12 CFR 1208.63(a)-(b)
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted if the hearing is conducted orally. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Adjudication Officer Discretion
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: 
"All hearings [related to suspending/revoking representation rights] shall be closed to the public unless the Director, on the Director's own motion or upon the request of a party, otherwise directs." 12 CFR 1209.75(f) All other hearings are open to the public, unless the Director determines otherwise, either according to his/her own discretion or in response to a motion from a party. See 12 CFR 1209.12(a)-(b)
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 (Some Types of Cases)
If "Yes," please specify these time limit(s): 
"Not later than 20 days following the close of the hearing (or if the requestor waived a hearing, from the deadline for submission of the written materials), the hearing officer will serve a copy of the recommended decision on the parties to the proceeding." 12 CFR 1209.103(a)
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
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
If "Yes," please provide citation(s): 
12 CFR 1209.53
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
12 CFR 1209.102(c)(4)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Capital Classification regulation: "During the 30 calendar day period beginning on the date that the Bank is provided notice... a Bank may submit to the Director any information that the Bank considers relevant or appropriate for the Director to consider in determining whether to finalize the proposed action. The Director may, in his or her sole discretion, convene an informal hearing with representatives of the Bank to receive or discuss any such information." 12 CFR 1229.12(c) Capital Classification hearings do not involve the creation of a transcript. Hearings relating to suspension or removal of an entity-affiliated party charged with a felony may involve the creation of a transcript at the party's expense. Capital Classification hearings do not have provision for closing the record or a time limit for decisions, but hearings relating to suspension or removal of an entity-affiliated party do. Suspension/removal regulation: "A suspended or removed entity-affiliated party subsequently may petition the Director to reconsider the final decision any time after the expiration of a 12-month period from the date of the decision, but no such request may be made within 12 months of a previous petition for reconsideration." 12 CFR 1209.103(d)
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The "presiding officer" may be an administrative law judge.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Regulations/rules of practice governing ADR process (please include CFR citations): 
12 CFR 1209.20, 1203.21, 1203.24
Comments/Notes on ADR Process (Optional): 
"Any respondent may, at any time in the proceeding, unilaterally submit to FHFA's counsel of record written offers or proposals for settlement of a proceeding without prejudice to the rights of any of the parties. No such offer or proposal shall be made to any FHFA representative other than FHFA counsel of record. Submission of a written settlement offer does not provide a basis for adjourning, deferring or otherwise delaying all or any portion of a proceeding under this part. No settlement offer or proposal, or any subsequent negotiation or resolution, is admissible as evidence in any proceeding." 12 CFR 1209.20
Verified by Agency: 
Not verified