Other Fields
Agency Scheme: 
BBGONPRC0005
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Board of Governors
Name of Hearing Office (global name): 
Broadcasting Board of Governors: Board of Governors
Sub-Agency/Bureau/Division:: 
N/A
Hearing Officer #1 (Title): 
Chairman
Hearing Officer #2 (Title): 
Designee
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

For purposes of non-procurement debarments/suspensions, 22 CFR 513.105 defines the "debarring official" and the "suspending official" as the agency head or his designee. BBG Regulations do not otherwise specify delegations of authority for . Thus, the Chairman is identified Hearing Officer #1, and the (unnamed) potential designee as Hearing Officer #2.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
22 CFR 513.310 - 315; 22 CFR 513.410 - 413.
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
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 512.10(b) does guarantee debtors an "opportunity to inspect and copy Board records pertaining to the debt" before the offset is made.
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Agency
Please describe: 
22 CFR 512.10(c) distinguishes between oral and document-only hearings, allowing the former only in certain circumstances (e.g., when the determination turns on an issue of veracity). All other hearings are document-only.
How many hearing officers preside at each hearing?: 
One
If "Varies by Case," please describe: 
The regulations grant the debarring or suspending official the power to refer disputes of fact to another official he designates, whose findings he must ordinarily accept. See 22 CFR 513.314(b)(2); 513.413(b)(2). Exercise of this power is discretionary.
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
22 CFR 513.313(b) and 513.412(b) only guarantee an oral hearing in certain cases (i.e., those not based upon a conviction or civil judgment and where there's a genuine dispute of fact). When those hearings are triggered, however, parties are afforded the right to present witnesses.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
In those cases where witness testimony is permitted, individuals are also afforded the right to confront any witness the Board presents. This right is qualified in suspension proceedings, however, as the hearing official may limit the right upon finding that "the substantial interests of the Federal Government in pending or contemplated legal proceedings based on the same facts as the [debarment/suspension] would be prejudiced." 22 CFR 513.412(b)(ii). There is no similar limitation for debarment cases.
Are hearings recorded and/or transcribed?: 
Only at Party Request
N/A (Document-Only Hearings)
If "Varies by Case," please describe: 
For document-only hearings, there are necessarily no hearings. For in-person hearings, the regulations are silent as to whether hearings are open or closed.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
If "Other," please specify: 
Board of Governors
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
"In actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the [debarring/suspending] official shall make a decision . . . within 45 days after receipt of any information and argument submitted by the respondent, unless the debarring official extends this period for good cause." 22 CFR 513.314(a); 513.413(a). There is no parallel provision for cases where an oral hearing is necessary.
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
A formal hearing is only triggered in those cases where the affected contractor requests the opportunity to make an oral presentation concerning his information and arguments. See 48 CFR 1909.406-3(b)(2). All other decisions are based solely on the written submissions, without a hearing.
ADJUDICATORS
Total # of Hearing Officers: 
1
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
If "Other," please specify:: 
Settlement authority given to the Board under 22 CFR 512.13
Verified by Agency: 
Not verified