Other Fields
Agency Scheme: 
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Executive Director
Name of Hearing Office (global name): 
Commodity Futures Trading Commission: Office of the Executive Director
Hearing Officer #1 (Title): 
Hearing Official
Hearing Officer #2 (Title): 
General Counsel Designee
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Comments/Notes on Adjudication Structure: 

These proceedings relate to adjudication of notices of collection for debts owed the federal government through administrative wage garnishment or salary offset. See 17 CFR parts 141 & 143.

Part 141 and Part 143 proceedings are separate and distinct and should be treated separately.

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?: 
About what percentage of private parties were represented at hearings (FY2013)?: 
Is the agency permitted to have representation at hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
17 CFR 141.5; 4 CFR 102.3(c)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Does the hearing officer have subpoena authority?: 
Are ex parte contacts prohibited?: 
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
30 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
How is the type of hearing selected: 
By Agency
Depends on Nature of Case/Claim
Please describe: 
Salary offsets: A debtor must petition for a hearing explaining why he/she disputes the amount or existence of the debt. The petition must be filed not later than 15 calendar days of the notice of offset. Pursuant to the Federal Claims Collection Standards, the Commission must provide the debtor a reasonable a reasonable opportunity for an oral hearing, such as when the question of indebtedness cannot be resolved by review of the documentary evidence or when the validity of the debt turns on an issue of credibility or veracity. See 4 CFR 102.3(c); 31 CFR 901.3(e)(1). A hearing "is not required to be a formal evidentiary-type hearing, although the agency should always document all significant matters discussed at the hearing." (4 CFR 102.3(c)). Administrative Wage Garnishment: The debtor must submit a written request for a hearing concerning existence/amount of debt or terms of repayment schedule. Discretionary standards similar to above (i.e., when issues cannot be resolved by documentary evidence, debt turns on credibility or veracity) (17 CFR 143.10; 31 CFR 285.11(f)).
How many hearing officers preside at each hearing?: 
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Administrative wage garnishment regulation references witness testimony at oral hearings; regulations for salary offset oral hearings are silent on witness testimony. "Paper hearings" do not have witnesses.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
In oral hearings, there is only one party per case. Hearing official can question witnesses. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Are hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In oral hearings, hearings are presumed closed. This question is not applicable to 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?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
For salary offsets, regulations require the hearing official to issue a written opinion no later than 60 days after the hearing. See 17 CFR 141.6(a), 143.10. There is no similar provision for administrative wage garnishments.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
120 Days
Is judicial review available after issuance of a final decision?: 
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
First-In/First-Out Basis
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Are final decisions published and/or posted on the agency website?: 
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Total # of Hearing Officers: 
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Salary Offsets: Hearing official "shall be an impartial member of the Office of the Executive Director not under the supervision or control of the head of the Commission." 17 CFR 141.2 Administrative Wage Garnishment: Hearing official "shall be . . . designated by the Executive Director with the concurrence of the General Counsel or the General Counsel's designee. Any qualified and impartial employee of the Commission designated by the Executive Director may serve as a hearing official." 17 CFR 143.10.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
Total # Cases Decided/Closed (FY2013): 
Total # Cases Pending (End of FY2013): 
Verified by Agency: 
Not verified