Other Fields
Agency Scheme: 
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administrative Law Judges
Name of Hearing Office (global name): 
Department of Veterans Affairs: Office of Administrative Law Judges
Hearing Officer #1 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

This scheme covers formal APA-style hearings presided over by VA ALJs (and the Secretary, in the event of an appeal) by which civil penalties and assessments may be imposed upon persons who make, submit, or present, or cause to be made, submitted, or presented, false, fictitious, or fraudulent claims or written statements to authorities or to their agents.

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?: 
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Regulations/rules of practice for hearings (please include CFR citations): 
38 CFR Part 42
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.): 
Discovery is only available as ordered by the ALJ. The types of discovery include: (1) requests for production of documents for inspection and copying; (2) requests for admissions of the authenticity of any relevant document or the truth of any relevant fact; (3) written interrogatories; and (4) depositions. See 38 CFR 42.21
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?: 
How is the type of hearing selected: 
Required by Rule
How many hearing officers preside at each hearing?: 
Is witness testimony permitted at hearings?: 
Can parties cross-examine witnesses?: 
Can third-parties submit amicus briefs and/or evidence?: 
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
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): 
ALJ issues decision within 90 days after the time for post-hearing submissions has expired (38 CFR 42.37(c))
Is judicial review available after issuance of a final decision?: 
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Are final decisions published and/or posted on the agency website?: 
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 42.35
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
VA bears the burden of proof for defendant's liability and/or aggravating factors by a preponderance of the evidence. The defendant bears the burden of proof for any affirmative defenses and/or mitigating factors by a preponderance of the evidence. See 38 CFR 42.30 The Federal Rules of Evidence generally do not apply, and the ALJ retains discretion to determine the admissibility of evidence. See 38 CFR 42.34 The ALJ may require parties to file post-hearing briefs. See 38 CFR 42.36 A party may request that the ALJ reconsider his or her decision, or may appeal the decision to the Secretary. Unless reconsideration or appeal is requested, the initial decision of the ALJ becomes the final decision of the Secretary 30 days after its issuance. See 38 CFR 42.37
Total # of Hearing Officers: 
Comments/Notes on Hearing-Level Adjudicators (Optional): 
"(b) The ALJ has the authority to—(1) Set and change the date, time, and place of the hearing upon reasonable notice to the parties; (2) Continue or recess the hearing in whole or in part for a reasonable period of time; (3) Hold conference to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding; (4) Administer oaths and affirmations; (5) Issue subpoenas requiring the attendance of witnesses and the production of documents at deposition or at hearings; (6) Rule on motions and other procedural matters; (7) Regulate the scope and timing of discovery; (8) Regulate the course of the hearing and the conduct of representatives and parties; (9) Examine witnesses; (10) Receive, rule on, exclude, or limit evidence; (11) Upon motion of a party, take official notice of facts; (12) Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact; (13) Conduct any conference, argument, or hearing on motions in person or by telephone; and (14) Exercise any other authority as is necessary to carry out the responsibilities of the ALJ under this part. (c) The ALJ does not have the authority to find invalid Federal statutes or regulations." 38 CFR 42.18
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Verified by Agency: 
Not verified