Other Fields
Agency Scheme: 
DOSOSOFF0007
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Assistant Secretary for Administration
Name of Hearing Office (global name): 
Department of State: Office of the Assistant Secretary for Administration
Sub-Agency/Bureau/Division:: 
Under Secretary for Management
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal proceedings to collect delinquent debts owed the Department of State (DOS) or other federal agencies through salary offset, administrative offset, or administrative wage garnishment. For most salary offset proceedings, the hearing is conducted by an official "outside the supervision and control" of the agency. For other debt collection proceedings, DOS regulations provide for an "internal administrative review" by an "appropriate [agency] official." (22 CFR Part 34).

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 (Some Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
22 CFR Part 34
Other published guidance for hearings (if any): 
31 CFR 901 - 903 (Federal Claims Collection Standards); 31 CFR 285.11 (Treasury Department guidelines for debt collection by federal agencies)
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.): 
Employee-debtors and other debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted. (22 CFR 34.8(b)(8), 34.13(e))
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
Phone
How is the type of hearing selected: 
By Agency
Please describe: 
* "Outside" Salary Offset Hearings: For most salary offset proceedings (i.e., other than debts related to travel advances or training expenses, employee-debtors may request an oral or "paper" hearing. The hearing officer has discretion to grant a request for oral hearing if the matter cannot be resolved by review of the documentary record (i.e., where credibility or veracity issue is involved). (22 CFR 34.14 - 34.15) * "Interval Reviews" for Other Debt Proceedings: employee-debtors may request an oral or "paper" hearing. The hearing officer has discretion to grant a request for oral hearing if the matter cannot be resolved by review of the documentary record (i.e., where credibility or veracity issue is involved). Oral hearings may be in-person or telephonic. (22 CFR 34.9(b)(1))
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 the presiding officer determines that an oral (evidentiary) hearing is needed, witness testimony is permitted. Not applicable for "paper" hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If the presiding officer determines that an oral (evidentiary) hearing is needed, cross-examination of witnesses is permitted. Not applicable for "paper" hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
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?: 
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: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
For "outside" hearings on salary offset cases for which a paper hearing is conducted, the record closes at date set by hearing officer. (22 CFR 34.15(c))
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
DOS regulations do not require a transcribed record for oral hearings in salary offsets cases, but the presiding officer is required to maintain a "summary record" of such proceedings. (22 CFR 34.15(b)(4). DOS does not currently employ any Administrative Law Judges. The agency would thus need to temporarily acquire an ALJ from another agency for salary offset actions conducted under Part 34/Subpart C, if it were to use such adjudicators.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified