Other Fields
Agency Scheme: 
EEOCDEBT0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Human Capital Officer
Name of Hearing Office (global name): 
Equal Employment Opportunity Commission: Office of the Chief Human Capital Officer
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Chief Financial Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal proceedings to collect delinquent debts owed EEOC or other federal agencies through salary offset, tax refund offset, administrative offset, or administrative wage garnishment. For salary offset, the presiding official is an Administrative Law Judge. For other debt collection methods, EEOC regulations delegates authority to the Chief Financial Officer. (29 CFR Part 1650).

The Office of the Chief Human Capital Officer is responsible for collecting debts owed by EEOC employees or other federal employees to EEOC, as provided in Subpart A of 29 C.F.R. Part 1650, which contains the hearing process.

Other debts are collected by the Office of the Chief Financial Officer.

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 (Some Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
29 CFR Part 1650
Other published guidance for hearings (if any): 
31 CFR 901 - 903 (Federal Claims Collection Standards); 31 CFR 285.11 (Treasury Department guidelines for debt collection by federal agencies)
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.): 
Employee-debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted.
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
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected: 
By Agency
Please describe: 
Salary Offset, Administrative Offset & Administrative Wage Garnishment: Debtors may request an oral or written hearing. The hearing official may grant a request for oral hearing if he/she determines that the matter cannot be resolved by review of the documentary record (i.e., where credibility issue is involved). Otherwise, hearings are conducted on the written record. (29 CFR 1650.109(c)(3) (salary offset); 31 CFR 901.3(e) (administrative offset and administrative wage garnishment)) Tax refund offset: Written (document-only) hearings. (29 CFR 1650.205)
How many hearing officers preside at each hearing?: 
One
If "Varies by Case," please describe: 
No one in the Office of the Chief Human Capital Officer can recall any debtor requesting a hearing, so we have no experience with this part of the process.
Is witness testimony permitted at hearings?: 
Adjudication Officer Discretion
If "Varies by Case," please describe: 
If the presiding officer determines that an oral (evidentiary) hearing is needed, witness testimony is permitted.
Can parties cross-examine witnesses?: 
Adjudication Officer Discretion
If "Varies by Case," please describe: 
If the presiding officer determines that an oral (evidentiary) hearing is needed, cross-examination of witnesses is permitted.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
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
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
The presiding officer is required to issue a written decision "as soon as practicable," but not later than 60 days after the hearing. (29 CFR 1650.109(e), 31 CFR 285.11(f)(10) (Treasury Department guidelines incorporated by EEOC in 29 CFR 1650.201, 1650.301 & 1650.401))
PROCESS & PROCEDURE - Case Management
Please briefly describe your case management practice(s) at the hearing level stage: 
N/A
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
EEOC regulations do not record a transcribed record of hearings, but the presiding officer is required to maintain a "summary record" of such proceedings. EEOC does not currently employ any Administrative Law Judges. The agency thus would need to temporarily acquire an ALJ from another agency or OPM for a salary offset action, or any other debt collection proceeding for which the CFO deems an ALJ necessary. As noted above, we are not aware that any hearings under these procedures have been requested or taken place for quite a few years.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
Verified by Agency: 
Verified