Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Either
Regulations/rules of practice for hearings (please include CFR citations):
28 CFR 32 Subpart E
Other published guidance for hearings (if any):
https://www.psob.gov/files/hh_guide.pdf; https://www.psob.gov/files/PSOB_Appeal.pdf
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?:
In-Person
In-Person:
100%
How is the type of hearing selected:
Required by Rule
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
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
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?:
Other
Please briefly describe your case management practice(s) at the hearing level stage:
Upon the filing of a request for a Hearing Officer determination (or upon remand or referral), the PSOB Office shall assign the claim to a Hearing Officer on the roster; the PSOB Office may assign a particular claim to a specific Hearing Officer if it judges, in its discretion, that his experience or expertise suit him especially for it. 28 CFR 32.43(b).
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?:
Yes
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
Comments/Notes on Hearing-Level Adjudicators (Optional):
Hearing Officers are appointed by the Director of the Bureau of Justice Assistance pursuant to 42 USC 3787, and therefore may sometimes be ALJs. However, whether they are ALJs or not, they are all referred to in the regulations as Hearing Officers, are appointed from time to time by the Director and remain on the roster of Officers at his/her pleasure. 28 CFR 32.43(a).
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified