Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Attorney
Regulations/rules of practice for hearings (please include CFR citations):
22 CFR 512.20 - 512.21
Is discovery permitted by either party at the hearing-level stage?:
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
Formal discovery devices are not expressly provided for, but 22 CFR 512.20(a)(5) affords employees the "right to inspect and copy Government records pertaining to the debt" before the offset is made.
Are parties provided notice of hearing?:
Yes (All Types of Cases)
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected:
Required by Rule
Depends on Nature of Case/Claim
Please describe:
The regulations do not specify whether the hearing shall be live or document-only. In fact, they state in broad terms that "[t]he form and content of the hearing will be determined by the hearing official who shall be a person outside the control or authority of Broadcasting Board of Governors." 22 CFR 512.21(b)(1).
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Adjudication Officer Discretion
Can parties cross-examine witnesses?:
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?:
Yes
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?:
Yes (All Types of Cases)
If "Yes," please specify these time limit(s):
22 CFR 512.20(c) provides that the written notice initiating the proceedings shall state, inter alia, "[t]hat final decision on the hearing will be issued not later than 60 days after the filing of the petition for hearing unless the employee requests and the hearing officer grants a delay in the proceedings."
Is judicial review available after issuance of a final decision?:
No
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?:
No
Are final decisions published and/or posted on the agency website?:
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?:
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
Comments/Notes on Hearing-Level Process & Procedures (Optional):
22 CFR 512.21(b)(3) states that "[t]he hearing official shall maintain a summary record of the hearing."
The contents of the administrative record are not specified beyond the required contents of the employee's petition and the general admonition in 22 CFR 512.21(b)(1) that "[t]he form and content of the hearing will be determined by the hearing official ..."
Comments/Notes on Hearing-Level Adjudicators (Optional):
The non-ALJ "hearing officials" listed as Hearing Officer #2 are only described as officials not under the control of the head of the Board. See 22 CFR 512.20(a)(7); 512.21(b)(1). Additional details as to their pay, other duties or susceptibility to monitoring by supervisors are not provided in the regulations.
Is ADR available at one or more points during the hearing process?:
No
Comments/Notes on ADR Process (Optional):
Aside from a loose instruction in 22 CFR 512.6 that "[n]othing in this regulation is intended to preclude utilization of informal administrative actions or remedies which may be available," there is no reference to ADR processes in the regulations governing salary offsets. This distinguishes salary offsets from other debt collection processes in Part 512 (e.g., administrative offsets against non-employees), which codify a sort of settlement authority for the agency. Cf. 22 CFR 512.13.
Verified by Agency:
Not verified