Other Fields
Agency Scheme: 
EPAOSUSD0004
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
Sub-Agency/Bureau/Division:: 
Office of Administration and Resources Management
Hearing Officer #1 (Title): 
Suspending/Debarring Official
Hearing Officer #2 (Title): 
Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Informal adjudication proceedings for suspension and debarment pursuant to EPA regulations, which adopt OMB Guidance (2 CFR Part 180, subparts A - I), and supplements these common rules by providing the opportunity for discretionary appellate review by the Director of the Office of Grants and Debarment. (See 2 CFR Part 1532). EPA conducts both administrative (discretionary) and statutory (mandatory) debarments and suspensions. Administrative debarment or suspension actions may arise under the non-procurement common rule (as adopted by EPA in Part 1532) or the Federal Acquisition Regulation Part 9.4. Statutory debarments arise under the Clean Water Act and Clean Air Act, and requests for reinstatement are conducted in accordance with hearing procedures for suspensions and debarments. (See 2 CFR Part 1532, subpart J).

All EPA debarment, suspension, and reinstatement authority has been delegated to the Office of Administration and Resources Management (OARM) and is carried out by the Office of Grants and Debarment (OGD).

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 A - I; 2 CFR Part 1532; Federal Acquisition Regulation 9.4
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/reinstatement 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; 2 CFR 1532.1215(b)). 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 C.F.R. 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), 2 CFR 1532.1215(a)). EPA's OGD employs a hearing official who conducts such evidentiary hearings when referred by the SDO.
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 C.F.R. 180.745(a)(1), 180.840(a)(1), 2 CFR 1532.1215(a)). 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 C.F.R. 180.745(a)(1), 180.840(a)(1), 2 CFR 1532.1215(a)). 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 a hearing officer 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 C.F.R. 180.755(a), 180.870(a), 2 CFR 1532.1225(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?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Decisions in uncontested (default) cases are not published. However, EPA does make decisions in contested matters publicly available. Decisions in contested cases from 1982 to the present are available through commercial legal databases such as Westlaw and LEXIS. The EPA OGD web site, however, notes that such decisions are for informational purposes only, and are not precedential.
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): 
EPA 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. (2 CFR 180.875) All final decisions imposing a suspension or debarment are 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.
ADJUDICATORS
Total # of Hearing Officers: 
2
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified