Other Fields
Agency Scheme: 
DOSONOND0009
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Federal Assistance Financial Management CGFS/FPRA/FAFM
Name of Hearing Office (global name): 
Department of State: Office of Federal Assistance Financial Management CGFS/FPRA/FAFM
Sub-Agency/Bureau/Division:: 
Bureau of the Comptroller and Global Financial Services
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Formal adjudication that provides recipient of, or applicant for, Department of State financial assistance with the opportunity for hearing relating to notice of failure to comply with nondiscrimination requirements under various civil rights statutes (e.g., Title VI, Rehabilitation Act, Age Discrimination Act, Title IX). Findings of noncompliance may result in suspension or termination of existing DOS funding, or refusal to grant or continue DOS funding. (22 CFR Parts 141 - 143 & 146)

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?: 
Attorney
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): 
22 CFR Part 141
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: 
By Private Party
Please describe: 
The recipient/applicant may request an oral hearing; if no oral hearing requested, than a "paper" (document-only) hearing is conducted. In-person hearings are generally conducted in Washington, DC. (22 CFR 141.8(a) - 8(b))
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
If an oral hearing is requested, then witness testimony is permitted. Not applicable for "paper" (document-only) hearings. (22 CFR 141.8(d))
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If an oral hearing is requested, then cross-examination of witnesses is permitted. Not applicable for "paper" (document-only) hearings. (22 CFR 141.8(d))
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
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
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
The Secretary may, at his/her discretion, consolidate cases or conduct joint hearings if the same or related facts are at issue in multiple cases. (22 CFR 141.8(e)) "Technical" evidentiary rules do not apply to these hearings, but rules or principles designed to produce most credible evidence and to subject testimony to cross-examination may be applied by the ALJ when reasonably necessary. (22 CFR 141.8(d)(2))
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Since the Department of State does not currently employ any Administrative Law Judges (ALJs), an ALJ must be "borrowed" from another federal agency for these formal proceedings, typically through an Interagency Agreement on a reimbursable basis.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Comments/Notes on ADR Process (Optional): 
While there is no ADR process, applicable regulations do note that the responsible Departmental official must certify that compliance cannot be secured through voluntary means before any enforcement action may be filed. (22 CFR 141.7(d))
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
0
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
By email (dated 8/4/14), DOS's ACUS Member Alice Kottmyer noted that the procedures applicable to this scheme (i.e., (22 CFR Parts 141, 142, 143 & 146) relating to nondiscrimination by recipients of federal financial assistance were not used in 2013; indeed, she believes they"have never been used" because there have been no complaints/cases to date.
Verified by Agency: 
Verified