Other Fields
Agency Scheme: 
EPAOGRAN0005
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Grants and Debarment
Name of Hearing Office (global name): 
Environmental Protection Agency: Office of Grants and Debarment
Hearing Officer #1 (Title): 
Director
Hearing Officer #2 (Title): 
Regional Disputes Deciding Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Informal process for adjudication of most pre-award and post-award assistance agreement (e.g., grant, cooperative agreement) disputes or enforcement actions by EPA (except competitive assistance agreements) involving governmental entities, colleges, hospitals, and other non-profit entities receiving agency monies. Enforcement actions may range from temporary withholding of payments to suspension or termination. (See 40 CFR Part 30 & Part 31, Subpart F).

EPA adjudicators serving as "Disputes Decision Officials" (DDO) depend on the locus of the challenged agency decision. EPA Headquarters officials serve as adjudicators on cases arising from agreements awarded by a Headquarters program office. For assistance agreements awarded at the regional level, adjudicators are EPA regional officials. EPA regulations provide that grant-related "[disagreements should be resolved at the lowest level possible." (40 CFR 31.70(a)).

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): 
40 CFR Part 31, Subpart F; see also 40 CFR 30.60 - 30.63
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.): 
EPA, in the Notice of Acknowledgment following a timely appeal, "may identify any additional information or documentation that is required for thorough consideration" of the challenged agency decision. (40 CFR 31.73(a)). The applicant/grantee challenging EPA's agency decision is not entitled to conduct discovery or request documents.
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
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: 
Required by Rule
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)
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): 
Dispute Decision Officials (DDOs) must issue written decisions within 180 calendar days from the filing date of the applicant/grantee's appeal. (40 CFR 31.74(b))
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?: 
Yes
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): 
40 CFR 31.74(a)
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): 
Electronic filing of appeal documents is by email only, rather than an Internet-based efiling process.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified