Are private parties permitted to have representation at hearings?:
Yes (Some 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?:
Either
Regulations/rules of practice for hearings (please include CFR citations):
38 CFR 1.911a, 1.912, 1.923, 1.983-1.988
Other published guidance for hearings (if any):
http://www.va.gov/finance/docs/VA-FinancialPolicyVolumeXIIChapter01F.pdf; http://www.va.gov/finance/docs/VA-FinancialPolicyVolumeXIIChapter01D.pdf
Is discovery permitted by either party at the hearing-level stage?:
No
Are ex parte contacts prohibited?:
No
Are parties provided notice of hearing?:
No
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
Phone
Written (Document-Only) Hearing:
100%
How is the type of hearing selected:
By Agency
Please describe:
The default hearing is an written hearing, unless the debtor requests an oral hearing, and the hearing official determines that an oral hearing is required.
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
N/A (Document-Only Hearings)
Can parties cross-examine witnesses?:
N/A (Document-Only Hearings)
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
N/A (Document-Only Hearings)
Are hearings open to the public?:
N/A (Document-Only Hearing)
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?:
Yes (All Types of Cases)
If "Yes," please specify these time limit(s):
60 days
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:
8 Days
Is judicial review available after issuance of a final decision?:
No
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
Comments/Notes on Hearing-Level Process & Procedures (Optional):
No additional comments.
Total # of Hearing Officers:
4
Is ADR available at one or more points during the hearing process?:
No
If "Varies by Case," please describe::
N/A
If "Other," please specify::
N/A
If "Other," please specify::
N/A
Regulations/rules of practice governing ADR process (please include CFR citations):
N/A
Other published guidance on ADR process (if any)::
N/A
Comments/Notes on ADR Process (Optional):
No additional Comments
Comments/Notes on ADR Statistics (Optional):
N/A
Total # Cases Filed/Opened (FY2013):
152
Total # Cases Decided/Closed (FY2013):
146
Total # Cases Pending (End of FY2013):
6
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.:
No Additional Comments
Are there distinctive or innovative features of the hearing-level adjudication program covered on this form that you wish to hig:
No Additional Comments
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g:
No Additional Comments
Do you have any suggestions or comments about this federal administrative adjudication study?:
No Additional Comments
Verified by Agency:
Verified