Other Fields
Agency Scheme: 
NEAOAGED0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Civil Rights Office
Name of Hearing Office (global name): 
National Endowment for the Arts: Civil Rights Office
Sub-Agency/Bureau/Division:: 
Office of the Senior Deputy Chairman
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

This scheme covers formal proceedings to suspend, terminate, or deny NEA funding to program participants or applicants based on a finding of noncompliance with requirements under the Age Discrimination Act of 1975 (42 USC 6101 et seq.), which prohibits recipients of federal financial assistance from discriminating on the basis of age in the operation of their programs or activities. Allegations or findings of noncompliance with the Age Discrimination Act may result from NEA compliance reviews or investigation of complaints received by NEA from any person or class of persons. (45 CFR Part 1156). Administrative Law Judges (ALJs) conduct hearings.

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
Regulations/rules of practice for hearings (please include CFR citations): 
45 CFR Part 1156
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.): 
The Assistant Secretary (or his/her delegee) may conduct "further investigation if deemed necessary" of a section 3 complaint. (24 CFR 135.76(f)(1))
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?: 
In-Person
How is the type of hearing selected: 
Required by Rule
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
If "Other," please specify (drafts): 
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): 
NEA must issue a finding within 180 days of the filing of a complaint (if any) or the complainant will be deemed to have exhausted administrative remedies and may file a civil action in federal district court.
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
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
For matters related to nondiscrimination in federally assisted programs arising under the Age Discrimination Act of 1975, no order to suspend, terminate, or refuse to grant financial assistance can take effect until (a) the NEA Chairman has advised the recipient or applicant of its failure to comply with the Age Discrimination Act and that voluntary compliance can be obtained; and (b) 30 days have elapsed after the Secretary files a "written report" of the circumstances and ground for the action with "the committees of Congress having legislative jurisdiction" over the program or activity at issue. (See 45 CFR 1156.19(c)).
ADJUDICATORS
Total # of Hearing Officers: 
1
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?: 
Mandatory
What type(s) of ADR are available?: 
Mediation
Who conducts the ADR?: 
Other
If "Other," please specify:: 
NEA rules specify that Age Discrimination Act-based complaints shall be referred for mediation "by the agency designated by the Secretary of HHS to manage the mediation process." (45 CFR 1156.16)
Regulations/rules of practice governing ADR process (please include CFR citations): 
45 CFR 1156.16
Comments/Notes on ADR Process (Optional): 
NEA rules provide that (a) both the complainant and the recipient/applicant "shall participate" in the mediation process "to the extent necessary to reach an agreement," and (b) there must be at least one mediation session before NEA will accept judgment that no agreement is possible. (45 CFR 1156.16)
Verified by Agency: 
Not verified