Regulations/rules of practice for hearings (please include CFR citations):
12 CFR 1208, Subparts B, C & E
Is discovery permitted by either party at the hearing-level stage?:
No
Are ex parte contacts prohibited?:
No
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
Phone
How is the type of hearing selected:
Depends on Nature of Case/Claim
Please describe:
In salary offset cases, "[i]f an oral hearing is requested, the employee should explain why a hearing by examination of the documents without an oral hearing would not resolve the matter." 12 CFR 1208.23(a)(3) "If the hearing official determines that an oral hearing is not necessary, he or she shall make the determination based upon an examination of the documents." 12 CFR 1208.23(c)(3) In administrative offset cases, "FHFA shall provide the debtor with a reasonable opportunity for an oral hearing" in certain circumstances. 12 CFR 1208.43(c). In administrative wage garnishment cases, ". . . FHFA will afford the debtor a hearing, which at FHFA's option may be oral or written. FHFA will provide the debtor with a reasonable opportunity for an oral hearing when FHFA determines that the issues in dispute cannot be resolved by review of the documentary evidence. . . . An oral hearing may, at the debtor's option, be conducted either in person or by telephone conference." 12 CFR 1208.63(a)-(b)
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
Witness testimony is permitted if the hearing is conducted orally. 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?:
No
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):
"The hearing official shall issue a written opinion stating his or her decision as soon as practicable, but not later than 60 days after the date on which the request for such hearing was received by FHFA." 12 CFR 1208.69, see also 1208.23(e)
Is judicial review available after issuance of a final decision?:
Yes (All Types of Cases)
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?:
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
Comments/Notes on Hearing-Level Process & Procedures (Optional):
Salary offset: "(2) Oral hearing.(i) An employee who requests an oral hearing shall be provided an oral hearing if the hearing official determines that the matter cannot be resolved by an examination of the documents alone, as for example, when an issue of credibility or veracity is involved. The oral hearing need not be an adversarial adjudication; and rules of evidence need not apply. Witnesses who testify in an oral hearing shall do so under oath or affirmation.
(ii) Oral hearings may take the form of, but are not limited to:
(A) Informal conferences with the hearing official in which the employee and agency representative are given full opportunity to present evidence, witnesses, and argument;
(B) Informal meetings in which the hearing examiner interviews the employee; or
(C) Formal written submissions followed by an opportunity for oral presentation." 12 CFR 1208.23(c)(2)
Administrative wage garnishment: "Hearings are not required to be formal, and evidence may be offered without regard to formal rules of evidence. Witnesses who testify in oral hearings shall do so under oath or affirmation." 12 CFR 1208.68
Salary offset: "(a) FHFA may provide qualified personnel to serve as hearing officials upon request of a creditor agency when:
(1) The debtor is employed by FHFA and the creditor agency cannot provide a prompt and appropriate hearing before a hearing official furnished pursuant to another lawful arrangement; or
(2) The debtor is employed by the creditor agency and that agency cannot arrange for a hearing official." 12 CFR 1208.32(a)
Comments/Notes on Hearing-Level Adjudicators (Optional):
"Hearing official means an individual who is responsible for conducting any hearing with respect to the existence or amount of a debt claimed and for rendering a final decision on the basis of such hearing. A hearing official may not be under the supervision or control of the Director of FHFA when FHFA is the creditor agency but may be an administrative law judge." 12 CFR 1208.2
Is ADR available at one or more points during the hearing process?:
Yes
Is ADR a mandatory or voluntary process?:
Voluntary
Regulations/rules of practice governing ADR process (please include CFR citations):
12 CFR 1208.25, 1208.43(d)
Verified by Agency:
Not verified