Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Either
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):
45 CFR pt. 1206, subpt. B
Is discovery permitted by either party at the hearing-level stage?:
No
Are ex parte contacts prohibited?:
No
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:
By Private Party
Please describe:
Oral hearings are conducted if requested by the grant recipient.
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
Witness testimony is not permitted for in-person hearings. This question is not applicable for document-only hearings.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Cross examination is not permitted for in-person hearings. This question is not applicable for document-only hearings.
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
No
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Other
If "Other," please specify (drafts):
Hearings are conducted by the Authorized Corporate Official, unless CNCS's tentative decision to reject the refunding application is based on a recipient's alleged wrongdoing. If so, the recipient may instead request to have the informal meeting before a "mutually-agreed upon impartial hearing officer." (45 CFR 1206.2-4(d)) The impartial hearing officer makes recommendations after the hearing, but the Authorized Corporate Official remains the deciding official.
Do agency regulations or guidance provide time limits for issuance of final decisions?:
No
Is judicial review available after issuance of a final decision?:
No
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?:
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
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified