This scheme involves adjudications concerning the collection by administrative offset against a federal employee's current pay account without his/her consent under 5 U.S.C. ยง 5514 to satisfy debts owed to the SEC.
Note: The Securities and Exchange Commission did not participate in this survey. The information included in this database was derived from publicly available sources.
Comments/Notes on Adjudication Structure:
Unlike Administrative Offset, this scheme is different in that the original level adjudication can be before an administrative law judge (within the Office of Administrative Law Judges) or, alternatively, can be before a "Program Official" (who appears to be the SEC's Chief Financial Officer or his/her designee). In order for the initial hearing to be before an ALJ, the respondent (debtor) must request a formal "pre-offset hearing." The "Program Official" has the discretion to grant or deny a "pre-offset hearing." If the hearing is denied, the "Program Official" adjudicates the case and makes the final determination.
Types of Adjudication:
Type B
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes