Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Either
Regulations/rules of practice for hearings (please include CFR citations):
12 CFR Part 623, Part 622, Subparts A & C
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.):
Formal rules of evidence apply as much as the Board says they apply in a particular proceeding.
Are ex parte contacts prohibited?:
Yes (Some Types of Cases)
Are parties provided notice of hearing?:
Yes (All Types of Cases)
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
How many hearing officers preside at each hearing?:
Varies by Case
If "Varies by Case," please describe:
The presiding officer may be an ALJ, a FCA employee, or one or more FCA board members.
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
In an oral hearing, the formal rules of evidence apply as much as the board determines they apply in a particular case. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
In an oral hearing, the formal rules of evidence apply as much as the board determines they apply in a particular case. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?:
Varies by Case
If "Varies by Case," please describe:
In an oral hearing, the hearing is closed unless the board or party directs or requests otherwise. This question is not applicable to document-only hearings.
Who typically drafts the decision at the hearing-level stage?:
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):
Within 30 days after parties submit proposed findings of fact/conclusions of law.
Is judicial review available after issuance of a final decision?:
No
How are claims/cases processed at the hearing-level stage?:
First-In/First-Out Basis
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 (Some Types of Cases)
If "Yes," please provide citation(s):
12 CFR 622.12(b), 622.16
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
Yes (Some Types of Cases)
If "Yes," please provide citation(s):
12 CFR 622.7(g), 622.80(f)
Comments/Notes on Hearing-Level Adjudicators (Optional):
Suspension and debarment: "The term presiding officer includes the Board, one or more members thereof, FCA employees, or an administrative law judge. As used in this part, the term shall be construed to refer to whichever of the above-identified individuals presides at a hearing or other proceeding, except as otherwise specified in the text." 12 CFR 623.2(e)
Suspension and removal: "Presiding officer means an administrative law judge or any FCA employee or other person designated by the Board to conduct a hearing." 12 CFR 622.2(f)
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified