Scheme Nickname:
Salary offset
Proceedings in which an employee-debtor may seek administrative review of a Notice of Salary Offset relating to a delinquent non-tax debt owed to the National Endowment for the Humanities (NEH) or another federal agency prior to such action becoming final and salary withheld. Review proceedings may address the existence or amount of debt. (45 CFR Part 1179).
Comments/Notes on Adjudication Structure:
Respondents may contest a suspension/debarment by presenting the suspending/debarring official with information -- orally or in writing (at their discretion, though "important" information should also be presented in writing if first presented orally) -- in opposition to the adverse action. Such presentations, if oral, are in the nature of informal meetings. (2 C.F.R. 180.720, 180.740, 180.815, 180.835). Respondents may also be afforded an "additional opportunity" to present evidence at a more trial-type hearing if the suspending/debarring official determines there is genuine dispute over facts material to the suspension or debarment. (2 C.F.R. 180.735, 180.745, 180.830, 180.840). Suspending/debarring officials may, at their discretion, refer disputed material facts to "another official" (unspecified) for a fact-finding hearing. (2 CFR 180.750((b), 180.845(c)).
Types of Adjudication:
Unknown
Comments/Notes on Adjudication Type(s):
NEH regulations do not specify the official who serves as the "hearing official," other than noting that such person "may not be under the supervision or control of the [NEH] Chairperson[.]" (45 CFR 1179.2; see also 45 CFR 1179.5(b)). Some federal agencies use ALJs for administrative sanction proceedings, including salary offsets, though it is not clear if such use is required by statute or at agency discretion.
Resources & Articles:
NEA Civil Rights Complaint Process: http://arts.gov/open/civil-rights-office/nea-civil-rights-complaint-process
NEA Complaint Form Package: http://arts.gov/file/civil-rights-office-complaint-package-2013doc
FERC ADR Brochure: http://www.ferc.gov/legal/adr/brochure.pdf
FERC 2014 Strategic Plan (emphasizing ADR): http://www.ferc.gov/about/strat-docs/FY-2014-FY-2018-strat-plan.pdf
Distinctive Features:
For matters related to nondiscrimination in federally assisted programs arising under Title VI of the Civil Rights Act of 1964, no order to suspend, terminate, or refuse to grant financial assistance can take effect until the (a) Chairman approves of the action, and (b) 30 days have elapsed after the Secretary files a "full written report" of circumstances and ground for action with "the committees of the House and Senate having legislative jurisdiction" over program or activity at issue. (See 45 CFR 110.8(c); see also 42 USC 2000d-1).
Other Comments:
The EAC expressly preserves its authority to delegate the appeal review process to another Federal agency through a memorandum of understanding or interagency agreement. 2 C.F.R. 5800.890(e).
Verified by Agency:
Not verified
Is this a Major Adjudication:
No