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HHSOSUSD0011 - Hearing Level - Procedures

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Agency Scheme:

HHSOSUSD0011

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Office of the Secretary

Name of Hearing Office (global name):

Department of Health and Human Services: Office of the Secretary

Hearing Officer #1 (Title):

Suspending/Debarring Official

Hearing Officer #2 (Title):

Designee

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

No

Comments/Notes on Adjudication Structure:

Informal adjudication proceedings for nonprocurement-related suspension and debarment pursuant to HHS regulations. The suspending or debarring official may use flexible procedures to allow respondents to oppose the agency's action.

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

Is the agency permitted to have representation at hearings?:

Yes (All Types of Cases)

Who may serve as an agency representative?:

Either

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?:

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 Private Party

Required by Rule

Depends on Nature of Case/Claim

Please describe:

Respondents may contest a suspension/debarment by presenting the suspending/debarring official with information -- orally or in writing (at their discretion, though "important" information should also be presented in writing if first presented orally) -- in opposition to the adverse action.

How many hearing officers preside at each hearing?:

One

Is witness testimony permitted at hearings?:

Varies by Case

If "Varies by Case," please describe:

If a fact-finding hearing is conducted, witnesses may be presented. (2 C.F.R. 180.745(a)(1), 180.840(a)(1)). Inapplicable to document-only hearings or oral presentations (meetings) with suspending/debarring officials.

Can parties cross-examine witnesses?:

Varies by Case

If "Varies by Case," please describe:

If a fact-finding hearing is conducted, cross-examination of witnesses is permitted. (2 C.F.R. 180.745(a)(1), 180.840(a)(1)). Inapplicable to document-only hearings or oral presentations (meetings) with suspending/debarring officials.

Can third-parties submit amicus briefs and/or evidence?:

No

Are hearings recorded and/or transcribed?:

Yes

N/A (Document-Only Hearings)

PROCESS & PROCEDURE - Post-Hearing Procedure

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

Adjudication Officer

Other

If "Other," please specify (drafts):

Suspending/debarring officials may, at their discretion, refer disputed material facts to "another official" (unspecified in regulations) to have him/her conduct a fact-finding hearing. When referred, the suspending/debarring official may only reject findings by the fact-finding official "after specifically determining them to be arbitrary, capricious, or clearly erroneous." (2 CFR 180.750(b), 180.845(c)).

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 suspending/debarring official must issue a written decision within 45 days of closing the official record. May be extended for good cause. (2 C.F.R. 180.755(a), 180.870(a)).

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

No

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?:

Yes (All Types of Cases)

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

2 CFR 180.750(a), 180.845(a)

Do 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):

2 CFR 180.755, 180.870(a)

PROCESS & PROCEDURE - Comments

Comments/Notes on Hearing-Level Process & Procedures (Optional):

SSA regulations permit the debarred person to request reconsideration (by the the debarring official) of his/her debarment decision, or to seek reduction in the scope or length of the debarment. (2 CFR 180.875) All final decisions imposing a suspension or debarment are "published" in the sense that information concerning such suspension/debarment is required to be posted on the government-wide Excluded Parties List System (EPLS). Federal agency officials use the EPLS to determine whether or not to enter into transactions.

ADJUDICATORS

Information About Officer:

Adjudication Officer Title	Are persons in this position employed full-time as adjudication officers?
Suspending/Debarring Official	No
Designee	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 - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Not verified

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HHSOSUSD0011 - Hearing Level - Procedures