Other Fields
Agency Scheme: 
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of Civil Rights
Appeal Office (global name): 
Sub-Agency/Bureau/Division:: 
Office of the Secretary of State
Appeal Officer #1 (Title): 
Director
Appeal Officer #2 (Title): 
n/a
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Review of initial decisions by an Administrative Law Judge relating to enforcement action by the Department of State to suspend, terminate, or deny funding to program participants or applicants based on noncompliance with requirements under Title VI of the Civil Rights Act of 1964, Rehabilitation Act, Age Discrimination Act, or Title IX. (22 CFR Parts 141, 142, 143 & 146). Either party may appeal the ALJ's decision. Other than providing each party with an opportunity to appeal an adverse decision by the ALJ, current appellate procedures set forth in 22 CFR Part 141 do not specify any procedures for appellate review other than requests for review must be filed within 30 days of of the mailing of the ALJ's decision. (See 22 CFR 141.9(d); 22 CFR 142.70, 143.37, 146.605).
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
No
Regulations/rules of practice for appeal hearings (please include CFR citations): 
22 CFR 141.9(d), 142.70, 143.37, 146.605
PROCESS & PROCEDURE - Hearing Procedure
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
Any final decision by the "Responsible Departmental Official" (or other adjudicator) must also be transmitted to the Secretary of State who may approve, vacate, or remit any sanction imposed. The Secretary must also file a "full written report of the circumstances and the grounds for the action" with the House and Senate committees having legislative jurisdiction over the program, and wait for 30 days to elapse, before any order suspending, terminating, or refusing to grant federal financial assistance can become effective. (22 CFR 141.9(e))
ADJUDICATORS
Total # of Appeal Officers: 
1
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
0
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
By email (dated 8/4/14), DOS's ACUS Member Alice Kottmyer noted that the procedures applicable to this scheme (i.e., (22 CFR Parts 141, 142, 143 & 146) relating to nondiscrimination by recipients of federal financial assistance were not used in 2013; indeed, she believes they"have never been used" because there have been no complaints/cases to date. She also noted that DOS is in the process of adding a rule for Section 508 of the Rehabilitation Act (which will be in new Part 147), and that the Director for the Office of Civil Rights will be formally designated by regulation as the "designated responsible official."
Verified by Agency: 
Verified