Other Fields
Agency Scheme: 
FECOREPA0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Commission
Name of Hearing Office (global name): 
Federal Election Commission: Commission
Hearing Officer #1 (Title): 
Commissioners
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

A presidential candidate's campaign committee may receive funds certified from the Presidential Election Campaign Fund or the Presidential Primary Matching Payment Account, as appropriate, to partially defray the cost of the candidate's campaign. After the campaign, the FEC conducts audits to determine whether candidates have received funds to which they are not entitled, either by overpayment ; by spending on things disallowed under the Presidential Election Campaign Fund Act; or payment based on contributions which cannot be matched under the Presidential Primary Matching Payment Act. Based on the audit, the Commission notifies the candidate of its repayment determination, and gives them the opportunity to dispute the determination. The audit containing the repayment determination must be approved by a majority vote of the six-member Commission. A candidate or his or her committee may seek administrative review of the determination orally or in writing. After the hearing, the Commission issues a final decision.

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
About what percentage of private parties were represented at hearings (FY2013)?: 
0.00%
Is the agency permitted to have representation at hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
11 CFR Parts 9007 and 9008, 9036, and 9038 (especially 9007.2, 9007.5, 9008.12, 9038.2, and 9038.5).
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?: 
Yes (All Types of Cases)
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
Phone
How is the type of hearing selected: 
By Agency
By Private Party
How many hearing officers preside at each hearing?: 
Four or More
Is witness testimony permitted at hearings?: 
No
If "Varies by Case," please describe: 
Witness testimony is not permitted in oral hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
No
If "Varies by Case," please describe: 
Cross examination is not permitted in oral hearings. 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: 
The hearing is presumed open for oral hearings. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Staff Attorney
If "Other," please specify (drafts): 
The Commission's Office of General Counsel submits a draft Statement of Reasons to the Commission for its consideration, potential amendment, and ultimate adoption.
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
0 Days
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Other
Please briefly describe your case management practice(s) at the hearing level stage: 
In recent years, requests for administrative review of Commission repayment determinations are rare enough that it would be difficult to generalize.
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 (All Decisions)
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): 
11 CFR 9007.7, 9038.7
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): 
A candidate or committee may petition the Commission for rehearing after it issues a final determination. See 11 CFR 9007.5, 9008.14, 9038.5. The candidate or committee must raise new questions of law or fact that would materially alter the repayment determination and demonstrate by clear and convincing evidence that these new questions could not have been presented during the original determination process. Otherwise, however, appeal from a final determination on administrative review is taken to the U.S. Court of Appeals for the District of Columbia Circuit.
ADJUDICATORS
Total # of Hearing Officers: 
6
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
0
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
Yes. Certain statistics on page 3 are left blank because the fillable form did not permit the insertion of "not applicable." The premise of the question, "How far in advance of the hearing date is notice typically provided," does not really apply to administrative review of repayment determinations because the process is 1) sometimes on paper only and 2) triggered by the committee, not the Commission. A committee seeking review of a Commission repayment determination has 60 calendar days from service of the repayment determination to seek administrative review. 11 C.F.R. 9007.2(c)(2)(i), 9038.2(c)(2)(i). A committee may at the same time request an oral hearing. The affirmative vote of four Commissioners is necessary to grant such a request. If an oral hearing is granted, it is held at a date and time set by the Commission. The last such oral hearing was in 2003, so there is no meaningful basis on which to calculate any date on which anything "typically" happens. Because there were no hearings, written or oral, in FY2013, there is no percentage breakdown for the type of hearings held in FY 2013.
Are there distinctive or innovative features of the hearing-level adjudication program covered on this form that you wish to hig: 
No.
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g: 
No.
Do you have any suggestions or comments about this federal administrative adjudication study?: 
No.
Verified by Agency: 
Verified