Scheme Nickname:
NARA Nondiscrimination on Basis of Sex
Recipients and programs and activities conducted by recipients that receive federal financial assistance must be in compliance with Title IX regulations. This adjudication scheme applies to enforcement of these regulations by NARA on recipients of grants made by NARA's affiliate, the National Historical Publications & Records Commission (NHPRC).
The agency may only terminate financial assistance for noncompliance with Title IX after the noncompliant recipient has had an opportunity for a formal hearing. The hearings are conducted by either an Administrative Law Judge (ALJ) or the head of NARA in compliance with sections 5 through 8 of the APA (5 USC 554-557). See 36 CFR 1211.620.
Comments/Notes on Adjudication Structure:
"After a hearing is held by a hearing officer such hearing officer shall either make an initial decision, if so authorized, or certify the entire record including recommended findings and proposed decision to the reviewing authority for a final decision[.] Where the initial decision . . . is made by the hearing officer, the applicant or recipient or the counsel for the agency may, within the period provided for in the rules of procedure issued by the designated agency official, file with the reviewing authority exceptions to the initial decision, with the reasons therefor. Upon the filing of such exceptions the reviewing authority shall review the initial decision and issue its own decision thereof including the reasons therefor. In the absence of exceptions the initial decision shall [generally] constitute the final decision." 36 CFR 1211.625(a) In other words, the ALJ issues an initial decision, which may be reviewed by the Archivist of the United States; the Archivist's decision (or the ALJ's initial decision, if the Archivist declines to review) becomes the final agency determination.
Types of Adjudication:
Type A
Verified by Agency:
Not verified
Is this a Major Adjudication:
No