Other Fields
Agency Scheme: 
CNCSVTRM0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Director - AmeriCorps*VISTA
Name of Hearing Office (global name): 
Corporation for National and Community Service: Office of the Director - AmeriCorps*VISTA
Sub-Agency/Bureau/Division:: 
Department of the Chief Executive Officer
Hearing Officer #1 (Title): 
Director
Hearing Officer #2 (Title): 
Hearing/Grievance Examiner
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Formal proceedings that provide volunteers in AmeriCorps*VISTA/National Grant Programs with an opportunity for a hearing to challenge their early termination or present program-related grievances, after exhaustion of other specified administrative processes. (See 45 CFR Part 1210, Subpts. C & D; 45 CFR Part 2011).

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?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
45 CFR Part 1210, Subparts C & D; 45 CFR 1211.1-11 to 1211.1-15
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.): 
Discovery may be conducted at Hearing/Grievance Examiner's discretion. Discovery may include: personal interviews; group meetings; written interrogatories; or depositions. (45 CFR 1210.3-7(a), 1211.1-12(a))
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: 
Depends on Nature of Case/Claim
Please describe: 
A hearing is held in person unless (1) waived by the private party or (2) the hearing examiner determines that there are no relevant disputed issues of fact. (See 45 CFR 1210.3-7(a), 1211.1-12(a))
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 1210.3-7(b)(7), 1211.1-12(b)(7)). Not applicable for written (document-only) hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross-examination of witnesses is permitted when an oral hearing is requested by the applicant or recipient. (45 CFR 1210.3-7(b)(7), 1211.1-12(b)(7)). Not applicable for written (document-only) hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Discretion of Adjudication Officer(s)
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
For in-person hearings, hearings are presumed closed, but may be open under certain conditions. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Program Official
If "Other," please specify: 
The Director has final decisonmaking authority. While the Hearing/Grievance Examiner conducts the hearing and submits the termination file or grievance file (as applicable) to the Director. However, no regulations provide for the Hearing/Grievance Examiner to draft an initial or proposed decision.
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): 
The Director shall issue his/her written decision within 10 days or after receipt of the termination or grievance file. (45 CFR 1210.3-9, 1211.1-14)
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?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
45 CFR 1210.3-7(d), 1210.3-8(a), 1211.1-12(d), 1211.1-13(a)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Appendices A to Parts 1210 and 1211 provide education and experience standards for Hearing and Grievance Examiners. Such Examiners may be ALJs, though other individuals may qualify also.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified