Informal proceeding in which the FCSC adjudicates claims made by U.S. nationals against foreign states, under the International Claims Settlement Act of 1949, the War Claims Act of 1948, or as otherwise authorized by Congress. The Commission may award monetary compensation for various types of claims including personal injury, unlawful detention, loss or damage of property, and wrongful death.
A hearing is not required for every claim filed with the Commission, but rather only when the claimant objects to the Commission's initial proposed decision. If no such timely objection is made, the proposed decision becomes the final decision. If the claimant objects, he or she has the option of conducting a written hearing or requesting an oral hearing. In the case of an objection without a request for an oral hearing, the Commission may either affirm or modify the proposed decision and issue it as a final decision, issue an amended proposed decision, or order an oral hearing on its own motion. 45 CFR 509.5.
Under 22 USC 1622g, judicial review is statutorily prohibited and there is no option for administrative appeal of the Commission's final decision. However, the case can be reopened after a showing of newly discovered evidence, within 60 days of issuance of the final decision. In addition, interlocutory appeal is allowed on evidentiary decisions (e.g. motion to quash a subpoena).
|Level||Name of Office||Are administrative appeals permitted from final decisions at this stage?|