Other Fields
Agency Scheme: 
HUDODECO0009
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Departmental Enforcement Center
Name of Hearing Office (global name): 
Department of Housing and Urban Development: Departmental Enforcement Center
Sub-Agency/Bureau/Division:: 
Office of General Counsel
Hearing Officer #1 (Title): 
Debarring/Suspending/Sanctioning Official's Designee
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

HUD's nonprocurement suspension and debarment scheme per federal "common" regulations, with the addition of "limited denials of participation" (LDP). As with suspensions, LDPs take effect immediately but their effect is HUD-specific and does not get reported to the government-wide Excluded Persons List System (EPLS).

For suspension/debarment cases: The DEC debarring/suspending official may refer a case with disputed material facts to the Office of Hearings and Appeals for fact-finding. The OHA adjudicator conducts a hearing and issues findings of fact. The DEC suspending/debarring official makes the final decision.

In LDP cases, the sanction is normally issued by a HUD field office, though may be issued by a Headquarters official. A respondent is entitled to an oral hearing upon request. That fact-finding hearing is conducted by an Office of Hearings and Appeals adjudicator, who issues findings of fact and a recommended decision. The DEC sanctioning official makes the 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)?: 
38.00%
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
2 CFR 180 Subparts G and H; 2 CFR Part 2424, Subpart J.
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
No discovery takes places unless there is first a determination that fact-finding is required. Upon the debarring official's determination that fact-finding is necessary, the case will be referred to an administrative judge for fact-finding, and discovery will be available. Interrogatories, requests for production, and depositions are all permitted.
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)
How far in advance of the hearing date is notice typically provided?: 
60 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Phone
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
0%
In-Person: 
20%
Video: 
0%
Phone: 
80%
How is the type of hearing selected: 
By Agency
By Private Party
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
If "Varies by Case," please describe: 
If in-person hearing, witness testimony may be permitted, if document-only hearing, this question is N/A.
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Discretion of Adjudication Officer(s)
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Presumed Closed (But May Be Open Under Certain Conditions)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Other
If "Other," please specify (drafts): 
For cases with disputed material facts, the debarring/suspending official may refer the case to the Office of Hearings and Appeals for hearing and issuance of an initial decision with factual findings. The suspending/debarring official's Designee drafts a final decision.
Who has authority to issue final decisions?: 
Other
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 or debarring official must make a written decision whether to continue, modify, or terminate a suspension within 45 days of closing the official record. See 2 CFR 180.755; 180.870.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
30 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?: 
First-In/First-Out Basis
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 (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
The website for the Office of Hearings and Appeals posts decisions that it believes are precedential or otherwise of public interest. Several fee-based legal database services (such as Westlaw and LEXIS) also publish case 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): 
2 CFR 180.750, 180.845(b).
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.
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
According to 2 CFR 180.740(a) & 180.835: Suspension and debarment proceedings are conducted in a fair and informal manner. The suspending official may use flexible procedures to allow you to present matters in opposition. In so doing, the suspending official is not required to follow formal rules of evidence or procedure in creating an official record upon which the official will base a final suspension decision. Suspending/Debarring official has broad discretion to decide the procedures of the hearing. See 2 CFR 180.740; 180.835.
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
In LDP cases, the sanction is normally issued by a HUD field office, though may be issued by a Headquarters official. See 24 CFR 2424.1100. For suspension/debarment cases: The DEC debarring/suspending official may refer a case with disputed material facts to the Office of Hearings and Appeals for fact-finding. The OHA adjudicator conducts a hearing and issues findings of fact and a recommended decision. The DEC suspending/debarring official makes the final decision.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
If "Other," please specify:: 
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
23
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
Verified by Agency: 
Verified