Other Fields
Agency Scheme: 
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Financial Management
Name of Hearing Office (global name): 
Environmental Protection Agency: Office of Financial Management
Office of the Chief Financial Officer
Hearing Officer #1 (Title): 
Hearing Official (Salary Offset)
Hearing Officer #2 (Title): 
Reviewing Official (Admin./Tax Offset)
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Comments/Notes on Adjudication Structure: 

Proceedings in which a debtor may seek administrative review of a Notice of Administrative, Salary, or Tax Offset relating to a delinquent non-tax debt owed to EPA or another federal agency prior to such action becoming final and monies withheld. Informal proceedings may address the existence, amount, or enforceability of debt at issue. (40 CFR Part 13).

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)
Regulations/rules of practice for hearings (please include CFR citations): 
40 CFR Part 13
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.): 
In salary offset cases, there is no "traditional" trial-type discovery. However, a debtor-employee may, upon request inspect and copy all EPA records relating to the debt. (30 CFR 13.22(c)(5)). No discovery or inspection is provided for in regulations covering administrative or tax refund offset cases.
Does the hearing officer have subpoena authority?: 
Are ex parte contacts prohibited?: 
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
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Salary Offset cases: EPA regulations provide that "[n]ormally," hearings consist of the hearing official reviewing documents submitted by the debtor-employee (if any) and the rest of the written record. However, the hearing official may, in his/her discretion, conduct an oral hearing (termed an "informal conference") when the validity of the debt turns on an issue of credibility or veracity. (30 CFR 13.22(f)) Administrative Offset cases: Regulations do not specify hearing types of procedures, referring only to the availability of "formal or informal review." Tax Refund Offset cases: Regulations provide only for written (document-only) hearings.
How many hearing officers preside at each hearing?: 
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Salary Offset cases: Witness testimony is permitted at oral hearings. Not applicable to document-only hearings. (30 CFR 13.22(f))
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Salary Offset cases: Witness testimony is permitted at oral hearings. Not applicable to document-only hearings. (30 CFR 13.22(f))
Can third-parties submit amicus briefs and/or evidence?: 
Are hearings recorded and/or transcribed?: 
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): 
Salary and Administrative Offset cases: Written decisions "issued at the earliest practicable date," but not later than 60 days after request for review. (30 CFR 13,20(g)(5), 13.22(c)(10)) // Tax Refund Offset cases: Written decision should be issued within 30 days of submission of evidence by debtor-taxpayer "if feasible." (30 CFR 13.38(c))
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?: 
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): 
For oral hearings in salary offset cases, hearings are not transcribed; however, the hearing official is required to maintain a "summary record" of the hearing.
Comments/Notes on Hearing-Level Adjudicators (Optional): 
EPA regulations do not specify the person who serves as the "hearing official" for salary offset actions, other than noting that the Director of the Office of Financial Management will arrange for the services of an official who may "not [be] under the control of the [EPA] Administrator[.]" (40 CFR 13.22((d)) Likewise, regulations do not specify who serves as the reviewing official in either administrative offset matters (40 CFR 13.20), or in tax refund offset cases (30 CFR 13.38).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Verified by Agency: 
Not verified