Other Fields
Agency Scheme: 
CFPBDEBT0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Director
Name of Hearing Office (global name): 
Consumer Financial Protection Bureau: Office of the Director
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Hearing Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Proceedings under 12 CFR Part 1073 in which a debtor may seek review of a Notice of Debt Collection relating to a delinquent debt owed to CFPB or another federal agency prior to such action becoming final. Review proceedings may address: (1) the existence or amount of debt; (2) the proposed schedule for salary offset (if debtor is a federal employee); or (3) whether debt is past due or legally enforceable. Claims collection mechanisms include salary offset, tax refund offset, administrative offset, or administrative wage garnishment.

Applicable regulations (including those of CFPB, the Department of Treasury, and the Federal Claims Collection Standards (31 CFR 900-904)) require an opportunity for either a written or oral hearing, but do not specify the hearing officer. When required by law, CFPB will request an administrative law judge, or hearing official from another agency who is not under the supervision or control of the Director to conduct the review. Otherwise CFPB may appoint a hearing official.

PROCESS & PROCEDURE - General Information
Regulations/rules of practice for hearings (please include CFR citations): 
12 CFR 1073.204, 1073.302-.305; 31 CFR 285.11
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.): 
Debtors have a right, upon request, to inspect and/or copy CFPB records related to the debt at issue, unless such records are exempt from disclosure. See 12 CFR 1073.204(a)(2)
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
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
Required by Rule
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
If an oral hearing is conducted, witness testimony may be permitted by reviewing official. This question is not applicable for hearings on written record.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
N/A (Document-Only Hearings)
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
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
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): 
In administrative wage garnishment cases, the oral hearing may be held by phone. 31 CFR 285.11(f)(3)(ii) If the Director determines that an oral hearing is appropriate, unless required by law, such hearing is not requested to be a formal evidentiary hearing, though significant matters will be documented. 12 CFR 1073.204(b)(2)
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
When required by law, CFPB will request an administrative law judge, or hearing official from another agency who is not under the supervision or control of the Director to conduct the review. Otherwise CFPB may appoint a hearing official.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified