Other Fields
Agency Scheme: 
EPAOSUSD0004
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of Grants and Debarment
Appeal Office (global name): 
Environmental Protection Agency: Office of Grants and Debarment
Sub-Agency/Bureau/Division:: 
Office of Administration and Resources Management
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: 
Appeal proceedings for suspension and debarment pursuant to EPA regulations, which adopt OMB Guidance (2 CFR Part 180, subparts A - I), and supplements these common rules by providing the opportunity for discretionary appellate review by the Director of the Office of Grants and Debarment. (See 2 CFR Part 1532). EPA conducts both administrative (discretionary) and statutory (mandatory) debarments and suspensions. Administrative debarment or suspension actions may arise under the non-procurement common rule (as adopted by EPA in Part 1532) or the Federal Acquisition Regulation Part 9.4. Statutory debarments arise under the Clean Water Act and Clean Air Act, and requests for reinstatement are conducted in accordance with hearing procedures for suspensions and debarments. (See 2 CFR Part 1532, subpart J). All EPA debarment, suspension, and reinstatement authority has been delegated to the Office of Administration and Resources Management (OARM) and is carried out by the Office of Grants and Debarment (OGD).
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Private Party
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Is the agency permitted to have representation at appeal hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Are ex parte contacts prohibited?: 
No
Regulations/rules of practice for appeal hearings (please include CFR citations): 
2 CFR Part 1532, subpart J; 2 CFR 180.30 - 180.40
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected for appeals heard by this office?: 
Required by Rule
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
Can third-parties submit amicus briefs and/or evidence?: 
No
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
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?: 
No
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
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
EPA decisions in contested cases from 1982 to the present (including appeal decisions by the EPA OGD Director) are available through commercial legal databases such as Westlaw and LEXIS. The EPA OGD web site, however, notes that such decisions are for informational purposes only, and are not precedential.
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
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
Verified by Agency: 
Not verified