Other Fields
Agency Scheme: 
RRBPFCRA0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the General Counsel
Name of Hearing Office (global name): 
Railroad Retirement Board: Office of the General Counsel
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Designee
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Proceedings for several non-program areas that require ALJ hearings, namely: (a) imposition of civil penalties under the Program Fraud Civil Remedies Act (PFCRA) (Part 2554); and (b) collection of delinquent debts owed by federal employees to CNCS or other federal agencies through administrative/salary offset (Part 2506).

CNCS regulations for administrative/salary offset require hearings to be conducted by an Administrative Law Judge (ALJ), or, in the alternative "a hearing official from another agency who is not under the supervision of control of the Chief Executive Officer." (45 CFR 2506.17(c)). Accordingly, Hearing Officer #2 above is identified as "Designee."

*NOTE: Since CNCS does not employ any ALJs, it is assumed that such ALJs would be procured, as needed, from other federal agencies under the auspices of the CNCS OGC.

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): 
45 CFR pts. 2506 & 2554
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is 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.): 
PFCRA : Full "traditional" discovery available (egg, document requests, requests for admission, interrogatories, and depositions), though party seeking discovery must seek ALJ's approval to propound. (45 CFR 2554.26) Administrative/Salary offset: Formal discovery devices are not expressly provided for, but the governing regulations guarantee debtors the right to inspect and copy government records pertaining to the debt, or to request and receive a copy of these records if they cannot personally inspect them. (45 CFR 2506.14(a)(5))
Does the hearing officer have subpoena authority?: 
Yes (Some Types of Cases)
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
Please describe: 
PFCRA Cases: Oral (evidentiary) hearings conducted. (45 CFR 2554.31 - 2554.34) Administrative/salary offset: Oral (evidentiary) hearing conducted if deemed necessary by ALJ to determine facts of assess credibility. (45 CFR 2506.17(d))
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is available for in-person hearings. Not applicable for document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross examination is available for in-person hearings. Not applicable for document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
No
N/A (Document-Only Hearings)
Are hearings open to the public?: 
No (Hearings Always Closed/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
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): 
Administrative/salary offset: As soon as practicable, but not later than 60 days after receipt of request for review. (45 CFR 2506.17(e)). PFCRA Cases: 90 days after the submission of post-hearing briefs. (45 CFR 2554.39).
Is judicial review available after issuance of a final decision?: 
Yes (Some 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?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
If "Yes," please provide citation(s): 
PFCRA Cases - 20 CFR 355.35
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): 
With respect to transcripts, regulations applicable to PFCRA cases provide for transcription of oral hearings. In administrative/salary offset cases, transcripts are not mandated.
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
CNCS regulations for administrative/salary offset require hearings to be conducted by an Administrative Law Judge (ALJ), or, in the alternative a hearing official not under the supervision or control of the CEO.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
If "Varies by Case," please describe:: 
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