Other Fields
Agency Scheme: 
DOSPFCRA0008
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Bureau of the Comptroller and Global Financial Services
Name of Hearing Office (global name): 
Department of State: Bureau of the Comptroller and Global Financial Services
Sub-Agency/Bureau/Division:: 
Office of the Secretary
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?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Formal administrative proceedings to impose civil penalties under the Program Fraud Civil Remedies Act. (22 CFR Part 35). Complaints may only be issued upon approval of the Department of Justice and the assessment at issue does not exceed $150,000.

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): 
22 CFR Part 35
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.): 
"Full" trial-type discovery (e.g., document requests, requests for admission, written interrogatories, depositions) permitted upon approval of the ALJ or agreement of the parties. (22 CFR 35.21)
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
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 defendant may request an oral hearing by filing an answer. (22 CFR 35.9(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: 
If an oral hearing is held, witness testimony is permitted. Not applicable to "paper" (document-only) hearings. (22 CFR 35.17)
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If an oral hearing is held, cross-examination of witnesses is permitted. Not applicable to "paper" (document-only) hearings. (22 CFR 35.17)
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
Oral hearings are presumed open (but may be closed under certain conditions). This question is not applicable to 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?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
The ALJ is required to issue an initial decision within 90 days after the filing of post-hearing briefs (if permitted). If the ALJ fails to meet this deadline, he/she must inform the parties of the basis for the delay and set a new deadline. (22 CFR 35.37(c))
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?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
22 CFR 35.35(b))
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): 
For oral hearings, the ALJ is not bound by the Federal Rules of Evidence. However, the ALJ may apply such rules "where appropriate," such as the exclusion of unreliable evidence. (22 CFR 35.34(b)) The Department of State does not currently employ any Administrative Law Judges. ALJs for PFCRA-related adjudications would thus need to be "borrowed" from another federal agency, typically through an Interagency Agreement.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified