Other Fields
Agency Scheme: 
CNCSTERM0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Financial Officer
Name of Hearing Office (global name): 
Corporation for National and Community Service: Office of the Chief Financial Officer
Hearing Officer #1 (Title): 
Responsible Corporation Official
Hearing Officer #2 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Formal proceedings in which AmeriCorps*VISTA, National Senior Center Corps, or other program grantees or contractors may challenge CNCS's issuance of notices of intent to terminate funding of existing grants or contracts based on serious failure to comply with program requirements. (45 CFR Part 1206, Subpt. A; see also 45 CFR pts, 2551, 2552, 2553)

*NOTE: The regulations do not identify a specific CNCS hearing officer; instead, the rules provide that a formal hearing may be conducted by a "Responsible Corporation Official" (RCO) or an ALJ. The RCO may, in turn, be a variety of CNCS officials, including the CEO, CFO, or Director of the respective programs. Because the CFO oversees grant management, it is assumed that the most likely "hearing office" is the Office CFO.

Either the responsible Corporation official (who could be the "CEO, Chief Financial Officer, the Director of the National Senior Service Corps programs, the Director of the AmeriCorps*VISTA program, the appropriate Service Center Director and any Corporation Headquarters or State office official who is authorized to make the grant of assistance in question" 45 CFR 1206.1-3(c)) or an independent hearing examiner serve as the hearing officer.

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?: 
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. A AmeriCorps*VISTA, National Senior Center Corps; see also 45 CFR 2551.34(c) (Senior Companion Program), 2552.34(c) (Foster Grandparent Program), 2553.31(c) (Retired and Senior Volunteer Program)
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.): 
Depositions are available "if the presiding officer determines that the interests of justice would be served" by such means of discovery. (45 CFR 1206.1-7(k))
Does the hearing officer have subpoena authority?: 
No
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: 
By Private Party
Please describe: 
Oral, evidentiary hearings are available upon request of program 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 permitted when an oral hearing is requested by the applicant or recipient. (45 CFR 1206.1-7(c)) Not applicable for written (document-only) hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted when an oral hearing is requested by the applicant or recipient. (45 CFR 1206.1-7(c)) Not applicable for written (document-only) hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
Hearings are presumed open, but may be closed under certain conditions for in-person hearings ("The hearing shall be open to the public unless the presiding officer for good cause shown shall otherwise determine." 45 CFR 1206.1-7(b)). 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
Other
If "Other," please specify (drafts): 
The Responsible Corporation Official may, at his/her discretion, refer the case to an ALJ to conduct an oral (evidentiary) hearing. If the hearing is held by an ALJ, he/shall makes an initial decision and certifies the record to the RCO.
Who has authority to issue final decisions?: 
Adjudication Officer
Other
If "Other," please specify: 
The Responsible Corporation Official has authority to issue final decisions. He/she may or may not serve as the hearing officer, depending on whether there has been a discretionary referral to an ALJ for oral hearing.
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): 
When an oral hearing is conducted, by an ALJ, the Responsible Corporation Official shall issue his/her written decision within 20 day of the party's filing of exceptions (i.e., objections) to the ALJ's initial decision.
Is judicial review available after issuance of a final decision?: 
No
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?: 
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
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified