Other Fields
Agency Scheme: 
USAIDLBY0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the General Counsel
Name of Hearing Office (global name): 
United States Agency for International Development: Office of the General Counsel
Sub-Agency/Bureau/Division:: 
Office of the Administrator
Hearing Officer #1 (Title): 
Administrative Law Judge (ALJ)
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Formal administrative enforcement proceedings relating to: (1) civil penalties under the Program Fraud Civil Remedies Act (PFCRA); and (2) civil penalties for violations of restriction on use of federal funds by federal grantees or contractors (here, from USAID) to lobby or influence a member of Congress, his/her staff, or an officer or employee of another federal agency. (22 CFR Parts 224 & 227)

[*Note: Administrative Law Judges (Alas must preside over these enforcement/civil penalty hearings. Since USAID does not currently employ any ALJs, the agency would need to procure an ALJ from another agency, typically through an interagency agreement.]

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): 
22 CFR Part 224; 22 CFR 227.405 (incorporating procedures in Program Fraud Civil Remedies Act)
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.): 
Full "trial-type" discovery available pursuant to ALJ approval or mutual agreement of parties. Discovery methods include: document requests; requests for admission; interrogatories; and, depositions. (22 CFR 224.21)
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All 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
Please describe: 
Oral hearings are available by request of the defendant or the filing of an answer (which is deemed a hearing request). (22 CFR 224.9(a))
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 permitted in in-person hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Witness cross-examination is permitted in in-person hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In-person hearings are presumed open (but may be closed under certain conditions). This question is not applicable to document-only hearings.
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?: 
No
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?: 
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): 
The ALJ has authority to adjudicate claims or cases by summary judgment when there are no disputed issues of material fact. Hearings on motions may be conducted in person or by telephone. 22 CFR 224.18(b)(12) USAID regulations provide basic rules of evidence regarding admissibility and materiality. ALJs are not bound by the Federal Rules of Evidence, but may be applied in appropriate circumstances (e.g., exclusion of unreliable witness) (22 CFR 224.34) Third-parties (i.e., private plaintiffs in related, but separate proceedings under the False Claims Act) may participate in these PFCRA-related hearings to the extent authorized by the False Claims Act. (22 CFR 224.13)
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
USAID does not currently employ any ALJs; such adjudicators would need to "borrowed" on a temporary basis from another federal agency, typically through an interagency agreement on a reimbursable basis.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified