Other Fields
Agency Scheme: 
BBGOPRFR0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the General Counsel
Name of Hearing Office (global name): 
Broadcasting Board of Governors: Office of the General Counsel
Sub-Agency/Bureau/Division:: 
N/A
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

This formal adjudication scheme covers formal administrative hearings for: (1) civil penalties and assessments under the Program Fraud Civil Remedies Act (31 U.S.C. 3801 et seq.) against persons who make false, fictitious or fraudulent claims for payment to the Broadcasting Board of Governors; and (2) salary offsets against current or former BBG employees.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
22 CFR 521.12 - 521.38
PROCESS & PROCEDURE - Pre-Hearing Procedure
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.): 
PFCRA Cases: Interrogatories, requests for production, requests for admissions and depositions. Unless the parties agree, discovery is available only as ordered by the ALJ upon motion. 22 CFR 521.21(c). The ALJ authorizes discovery only when it does not offend the conditions in 521.21(d)(3) (e.g., privilege, undue burden). Salary Offset Cases: Formal discovery devices are not expressly provided, by 22 CFR 512.20(a)(5) affords employees the "right to inspect and copy the Government records pertaining to the debt."
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
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: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Salary Offset cases: The regulations do not specify whether the hearing shall be in-person 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
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?: 
Yes
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?: 
Yes
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.
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
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 (All Types of Cases)
If "Yes," please specify these time limit(s): 
PFCRA cases: Initial decision issued within 90 days after submission of post-hearing briefs and reply briefs (if permitted) . If the ALJ fails to meet the deadline, he/she must notify the parties of the reason for the delay and set a new deadline. 22 CFR 521.37(c). // Salary Offset cases: Final decision must 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." 22 CFR 512.20(c)
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?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
PFCRA cases: "The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed in the proceeding constitute the record for the decision by the ALJ and the Director [on appeal]." 22 CFR 521.35(b)
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): 
Because applicable regulations do not refer to video or telephonic hearings, and there is a general requirement that all witness testimony be given orally (22 CFR 521.33(a)), it is assumed that only oral (in-person) hearings are available.
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