Other FieldsAgency Scheme: GAOOPERS0001 ADJUDICATION STRUCTUREHearing Level: Basic StructureName of Hearing Office (local name): Personnel Appeals BoardName of Hearing Office (global name): Government Accountability Office: Personnel Appeals BoardHearing Officer #1 (Title): Administrative JudgeHearing Officer #2 (Title): Board Member (alternative title). All information is same as Hearing Officer #1Are administrative appeals permitted from final decisions at the hearing-level stage?: Yes (All Types of Cases) Comments/Notes on Adjudication Structure: Administrative judge is any individual designated by the Board to preside over a hearing conducted on matters within its jurisdiction. An administrative judge usually is a member of the Board. PROCESS & PROCEDURE - General InformationAre private parties permitted to have representation at hearings?: Yes (All Types of Cases)Who may serve as a private party representative?: EitherAbout what percentage of private parties were represented at hearings (FY2013)?: 88.00%Is the agency permitted to have representation at hearings?: Yes (All Types of Cases)Who may serve as an agency representative?: EitherRegulations/rules of practice for hearings (please include CFR citations): 4 C.F.R. Parts 27 and 28Other published guidance for hearings (if any): Guide to Practice: Employment Law; Guide to Practice: Labor-Management Relations;Guidelines for Medication, Practice Guide to Mediation PROCESS & PROCEDURE - Pre-Hearing ProcedureIs 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.): Federal Rules of Civil Procedure provide guidance, but they are not mandatory. Deposition, subpoena, interrogatories, and admissions are permitted.Does the hearing officer have subpoena authority?: Yes (All Types of Cases)Are ex parte contacts prohibited?: Yes (All Types of Cases)Are parties provided notice of hearing?: Yes (All Types of Cases)How far in advance of the hearing date is notice typically provided?: 45 Days PROCESS & PROCEDURE - Hearing ProcedureWhat types of hearings are permitted at the hearing-level stage?: Written (Document-Only) HearingIn-PersonPlease 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: Depends on Nature of Case/ClaimPlease describe: Rule specifies that parties may agree to a written hearing. Administrative judge determines of oral hearing not necessary based upon submissions of parties.How many hearing officers preside at each hearing?: Varies by CaseIf "Varies by Case," please describe: May be an administrative judge, may be a panel of Board Members or full Board. Usually one Board member presides.Is witness testimony permitted at hearings?: Varies by CaseIf "Varies by Case," please describe: Witness testimony is permitted in in-person hearings. This question is not applicable to document-only hearings.Can parties cross-examine witnesses?: Varies by CaseIf "Varies by Case," please describe: Cross-examination is permitted in in-person hearings. This question is not applicable to document-only hearings. Can third-parties submit amicus briefs and/or evidence?: YesAdjudication Officer DiscretionAre hearings recorded and/or transcribed?: YesN/A (Document-Only Hearings)Are hearings open to the public?: Varies by CaseIf "Varies by Case," please describe: In-person hearings are presumed open. The administrative judge at his or her discretion, may order a hearing or any part thereof closed, where to do so would be in the best interests of the petitioner, a witness, the public, or other affected persons. This question is not applicable to document-only hearings. PROCESS & PROCEDURE - Post-Hearing ProcedureWho typically drafts the decision at the hearing-level stage?: Adjudication OfficerStaff AttorneyWho has authority to issue final decisions?: Adjudication OfficerDo agency regulations or guidance provide time limits for issuance of final decisions?: NoAbout how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 219 DaysIs judicial review available after issuance of a final decision?: Yes (All Types of Cases) PROCESS & PROCEDURE - Case ManagementHow are claims/cases processed at the hearing-level stage?: OtherPlease briefly describe your case management practice(s) at the hearing level stage: Presumptively first-in/first-out. Type of case, availability of AJ and parties, may affect processing order.Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: YesAre final decisions published and/or posted on the agency website?: Yes (All Decisions)If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: Decisions are published on the PAB website rather than on GAO website: www.pab.gao.gov. Electronically filed briefs generally must be followed with hard copy submission.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): 4 C.F.R. § 28.59Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: Yes (All Types of Cases)If "Yes," please provide citation(s): 4 C.F.R. § 28.63 PROCESS & PROCEDURE - CommentsComments/Notes on Hearing-Level Process & Procedures (Optional): Reconsideration by the Administrative judge or panel may be requested within 10 days. ADJUDICATORSTotal # of Hearing Officers: 5Information About Officer: Adjudication Officer TitleJob SeriesPay PlanPay RangeAre 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: Administrative Judge0905-Gen'l Attorney SeriesSR 905$74.51/hr.NoNoBoard members are Special Government Employees, intermittent employees who may serve up to 480 hrs/yr.NoA member may be removed by a majority of the Board only for inefficiency, neglect of duty, or malfeasance in office. 31 U.S.C. §751(d). This provision has never been utilized. Board Member (alternative title). All information is same as Hearing Officer #1 ADR: General InformationIs ADR available at one or more points during the hearing process?: YesIf "Yes," when is ADR available?: Before Claim/Case FiledPre-HearingPost-HearingIs ADR a mandatory or voluntary process?: VoluntaryWhat type(s) of ADR are available?: MediationSettlement ConferenceWho conducts the ADR?: Third-Party NeutralOtherIf "Other," please specify:: Personnel Appeals Board Executive Director assigns a mediator with whom Board has contract; AJ may hold settlement conference. Other published guidance on ADR process (if any):: Guidelines for Mediation of Disputes at PAB; Practice Guide to Mediation at PAB ADR – Summary StatisticsFor Fiscal Year 2013, please provide the following annual ADR statistics: ADR Type or Case Type# of ADR Matters Initiated (FY2013)# ADR Matters Resolved (FY2013) Mediation (prohibited personnel practice: selection process)33 Comments/Notes on ADR Statistics (Optional): These 3 cases were consolidated for processing before PAB. CASELOAD STATISTICS - Summary StatisticsTotal # Cases Filed/Opened (FY2013): 8 CASELOAD STATISTICS - Supplementary StatisticsDoes your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: NoSupplementary Caseload Statistics by Case Type: Verified by Agency: Verified
