Other Fields
Agency Scheme: 
IMLSDBAR0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of General Counsel
Name of Hearing Office (global name): 
Institute for Museum and Library Services: Office of General Counsel
Hearing Officer #1 (Title): 
Suspending/Debarring Official
Hearing Officer #2 (Title): 
Agency 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 Institute of Museum and Library Services (IMLS) regulations adopting OMB Guidance. (2 CFR Parts 180 and 3185). IMLS regulations do not separately designate or define "debarring official" or "suspending official" beyond OMB Guidance. Accordingly, as specified in the incorporated OMB guidelines,the default is for the agency head, or his/her designee, to serve as the suspending or debarring official. (2 CFR 180.930, 180.1010.)

While certain procedures are set out by regulation, the suspending or debarring official may use flexible procedures to allow respondents to present matters in opposition. The adjudication process is intended to proceed on an expeditious basis. Respondents have 30 days to contest a Notice of Suspension or Notice of Proposed Debarment.

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?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
2 CFR part 180, subparts G & H; 2 CFR part 3185
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.): 
IMLS has adopted the OMB guidance set forth in 2 CFR part 180. While the OMB guidance does not specifically provide for formal discovery, the guidance permits the proceedings to be fair and informal and the suspending/debarment official to be flexible. (See 2 CFR 180.740 and 180.835).
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
Yes (Some 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
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 respondent's discretion, though "important" information must also be presented in writing if presented orally) -- in opposition to the adverse action. Such presentations, if oral, are in the nature of informal meetings. (2 CFR 180.720, 180.740, 180.815, 180.835). Respondents may also have an "additional opportunity" to challenge the facts if the suspending/debarring official determines there is genuine dispute over facts material to the suspension or debarment. (2 C.F.R. 180.735, 180.745, 180.830, 180.840). Suspending/debarring officials may, at their discretion, refer disputed material facts to another official for findings of fact. (2 CFR 180.750(b), 180.845(c)).
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
The agency will decide, depending on the nature of the case, how many hearing officers will preside at each hearing.
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 CFR 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 proceeding is conducted, confronting witnesses is permitted. (2 CFR 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?: 
Adjudication Officer Discretion
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
Staff Attorney
Other
If "Other," please specify (drafts): 
Suspending/debarring officials may, at their discretion, refer disputed material facts to another official for findings of fact. 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 makes a written decision within 45 days of closing the official record. May be extended for good cause. (2 CFR 180.755(a), 180.870(a)).
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?: 
Yes
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: 
Information concerning an entity's ineligibility is sent to EPLS (sam.gov).
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(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(a)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
IMLS 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.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Settlement Conference
Who conducts the ADR?: 
Agency ADR Official
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