Other Fields
Agency Scheme: 
DOENSUSD0009
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Acquisition and Supply Management (NNSA)
Name of Hearing Office (global name): 
Department of Energy: Office of Acquisition and Supply Management (NNSA)
Hearing Officer #1 (Title): 
Director
Hearing Officer #2 (Title): 
Fact-Finding Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

NNSA's procurement suspension and debarment regulations (which adopt FAR 9.4., 48 CFR subpart 9.4) authorize
the Director to serve as the suspending or debarring official. While certain procedures are set out by regulation, the suspending or debarring official may use flexible procedures to allow respondents to oppose the agency's action. The adjudication process is intended to proceed on an expeditious basis. Respondents have 30 days to contest NNSA-issued Notices of Suspension or Proposed Debarment. Debarment and suspension proceedings are intended to be "as informal as is practicable, consistent with fundamental
fairness." (48 CFR 9.406-3(b), 9.407-3(b)).

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): 
48 CFR 901, Subpart 901.4
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
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: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
By rule, respondents, if they seek to contest the administrative sanctions, are entitled to submit written materials and present oral argument to the debarring/suspending official. However, an evidentiary (fact-finding) hearing is subject to the deciding official's discretion depending on whether he/she deems there to be disputed issues of material fact that cannot be resolved by review of the documentary evidence. (48 CFR 9.406-3, 9.407-3)
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
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?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
48 CFR 9.407-3(d)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
48 CFR 9.407-3
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Debarring/suspending officials may, at their discretion, refer fact-finding to another presiding official who conducts an evidentiary hearing and issues written factual findings. (48 CFR 9.406-3(b), 9.407-3(b)). A presiding official's written factual findings must by accepted by the debarring/suspending official unless arbitrary, capricious, or clearly erroneous.
ADJUDICATORS
Total # of Hearing Officers: 
1
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified