Other Fields
Agency Scheme: 
DOVAACCR0011
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the General Counsel
Name of Hearing Office (global name): 
Department of Veterans Affairs: Office of the General Counsel
Sub-Agency/Bureau/Division:: 
Staff Group II
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Proceedings by which a representative may contest VA's intent to terminate his or her accreditation or authority to provide representation. The representative may him- or herself be represented and appear before a hearing officer who shall not report, directly or indirectly to, or be employed by the General Counsel or head of the VA agency of original jurisdiction before which he or she provided representation.

The hearing officer, after presiding over the case, forwards the record and his or her recommendation to the General Counsel for final decision.

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): 
38 CFR 14.633
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
The hearing officer may permit, at his or her discretion, discovery if requested by the parties.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
21 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Video
Phone
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
In order to accommodate the private party challenging the agency's action, VA makes available video, phone, in-person, and/or written modes of completing the hearing.
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?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
No (Hearings Always Closed/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
If "Other," please specify (drafts): 
The hearing officer that presided over the hearing drafts the decision.
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
The General Counsel--not the hearing officer that presided over the hearing--has the authority to issue final decisions.
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?: 
Other
Please briefly describe your case management practice(s) at the hearing level stage: 
Requests for these hearings are extremely rare. When our office receives a request, hearings are scheduled based on availability of the parties,
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): 
38 CFR 14.633(f)
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): 
38 CFR 14.633(f)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
"The hearing shall be conducted in an informal manner and court rules of evidence shall not apply." 38 CFR 14.633(f)
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The hearing officer must not report to either the General Counsel or the head of the VA agency of original jurisdiction before which the individual provided representation.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
2
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
2
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
For the questions asking for statistics from FY2013, we left them blank because we did not have any such hearings occur during FY2013.
Verified by Agency: 
Verified