Other Fields
Agency Scheme: 
DOVASUSD0008
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Deputy Secretary
Name of Hearing Office (global name): 
Department of Veterans Affairs: Office of the Deputy Secretary
Hearing Officer #1 (Title): 
Under Secretary for either Health, Benefits, or Memorial Affairs
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal adjudication proceedings for nonprocurement-related suspension and debarment pursuant to VA regulations adopting OMB Guidance setting forth procedural minima. (2 CFR Parts 180 & 801). VA regulations define "debarring officials" and "suspending officials" as the Under Secretaries for Health, Benefits, and Memorial Affairs.

While certain procedures are set out by regulation, the suspending or debarring official may use flexible procedures to allow respondents to oppose the agency's action. The adjudication process is intended to proceed on an expeditious basis. Respondents have 30 days to contest a Notice of Suspension or Notice of Proposed Debarment.

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?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
2 CFR Part 180, Subparts G & H; 2 CFR Part 801
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
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
How is the type of hearing selected: 
By Private Party
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Respondents may contest a suspension/debarment by presenting the suspending/debarring official with information -- orally or in writing (at their discretion, though "important" information should also be presented in writing if first presented orally) -- in opposition to the adverse action. Such presentations, if oral, are in the nature of informal meetings. (2 C.F.R. 180.720, 180.740, 180.815, 180.835). Respondents may also have an "additional opportunity" to present evidence at a more trial-type hearing if the suspending/debarring official determines there is genuine dispute over facts material to the suspension or debarment. (2 CFR 180.735, 180.745, 180.830, 180.840). Suspending/debarring officials may, at their discretion, refer disputed material facts to "another official" for a fact-finding hearing. (2 CFR 180.750(b), 180.845(c)).
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 a fact-finding hearing is conducted, witnesses may be presented. (2 CFR 180.745(a)(1), 180.840(a)(1)). Inapplicable to document-only hearings or oral presentations (meetings) with suspending/debarring officials.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If a fact-finding hearing is conducted, cross-examination of witnesses is permitted. (2 CFR 180.745(a)(1), 180.840(a)(1)). Inapplicable to document-only hearings or oral presentations (meetings) with suspending/debarring officials.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Other
If "Other," please specify (drafts): 
Suspending/debarring officials may, at their discretion, refer disputed material facts to "another official" (unspecified in regulations) to have him/her conduct a fact-finding hearing. When referred, the suspending/debarring official may only reject findings by the fact-finding official "after specifically determining them to be arbitrary, capricious, or clearly erroneous." (2 CFR 180.750(b), 180.845(c)).
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 suspending/debarring official must issue a written decision within 45 days of closing the official record. May be extended for good cause. (2 CFR 180.755(a), 180.870(a)).
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
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): 
2 CFR 180.750(a), 180.845(a)
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): 
2 CFR 180.755, 180.870(a)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
VA regulations permit the debarred person to request reconsideration (by the the debarring official) of his/her debarment decision, or to seek reduction in the scope or length of the debarment. See 2 CFR 180.875 All final decisions imposing a suspension or debarment are "published" in the sense that information concerning such suspension/debarment is required to be posted on the government-wide Excluded Parties List System (EPLS). Federal agency officials use the EPLS to determine whether or not to enter into transactions. Principals that may be suspended or debarred include: Loan officers, Loan solicitors, Loan processors, Loan servicers, Loan supervisors, Mortgage brokers, Office managers, Staff appraisers and inspectors, Fee Appraisers and inspectors, Underwriters, Bonding companies, Real estate agents and brokers, Management and marketing agents, Accountants, consultants, investment bankers, architects, engineers, attorneys, and others in a business relationship with participants in connection with a covered transaction under the VA loan guaranty program, Contractors involved in the construction, improvement or repair of properties financed with VA guaranteed loans, and Closing agents. See 2 CFR 801.995
ADJUDICATORS
Total # of Hearing Officers: 
3
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified