Other Fields
Agency Scheme: 
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Financial Officer
Name of Hearing Office (global name): 
United States Agency for International Development: Office of the Chief Financial Officer
Sub-Agency/Bureau/Division:: 
Bureau for Management
Hearing Officer #1 (Title): 
Chief Financial Officer
Hearing Officer #2 (Title): 
Designated Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal proceedings to collect delinquent debts owed USAID or other federal agencies through salary or administrative offset. For salary offset proceedings, the hearing is conducted by an impartial official "not under the control" of the agency, for whom the Deputy CFO makes appropriate arrangements. For other debt collection proceedings, USAID regulations provide for internal, informal review by the CFO. (22 CFR Part 213).

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 (Some Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
22 CFR Part 213
Other published guidance for hearings (if any): 
31 CFR Parts 901 - 904 (Federal Claims Collection Standards)
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.): 
Employee-debtors and other debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted. (22 CFR 213.9(a)(2), 213.20(a)(2)(ii), 213.22(c)(5))
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 Agency
Please describe: 
* Salary Offset Hearings: For most salary offset proceedings (i.e., other than debts related to travel advances or training expenses), employee-debtors may request an oral or "paper" hearing. The designated hearing officer has discretion to grant a request for oral hearing if he/she determines that the matter cannot be resolved by review of the documentary record (i.e., where credibility or veracity issue is involved). Oral hearings consist of "informal conferences." (22 CFR 213.22(f)) * Administrative Offset Hearings: Debtors may request review of offset notices. The CFO has discretion to conduct an oral hearing if the matter cannot be resolved by review of the documentary record (i.e., where credibility or veracity issue is involved). Otherwise, debtors are afforded "paper" hearings only. (22 CFR 213.10, 213.20)
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 the presiding officer determines that an oral (evidentiary) hearing is needed, witness testimony may be permitted. Not applicable for "paper" hearings. (22 CFR 213.22(f))
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If the presiding officer determines that an oral (evidentiary) hearing is needed, cross-examination of witnesses may be permitted. Not applicable for "paper" hearings. (22 CFR 213.22(f))
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
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): 
For administrative offset cases, the CFO must issue a final written decision within 60 days of the filing of the request for review/hearing.
Is judicial review available after issuance of a final decision?: 
No
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
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): 
USAID regulations do not require a transcribed record of hearings for oral salary offset hearings, but the presiding officer is required to maintain a "summary record" of such proceedings. (22 CFR 213.22(f)) USAID does not currently employ any Administrative Law Judges. The agency would thus need to temporarily "borrow" an ALJ from another agency for salary offset actions conducted under Part 34/Subpart C, if using such adjudicators. USAID regulations provide that "[n]ormally," review of salary or administrative offset notices will be conducted through "paper" hearings based on the claims file and any documentation submitted by the debtor. (22 CFR 213.22(f))
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified