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?:
Attorney
Regulations/rules of practice for hearings (please include CFR citations):
12 CFR Part 1209, especially 1209.10-1209.54 & Part 1203
Is discovery permitted by either party at the hearing-level stage?:
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
Document discovery, where documents include "records, drawings, graphs, charts, photographs, recordings, or data stored in electronic form or other data compilations from which information can be obtained or translated, if necessary, by the parties through detection devices into reasonably usable form (e.g., electronically stored information), as well as written material of all kinds." 12 CFR 1209.29(a)(1). Some documents, such as privileged documents, are not discoverable. Discovery procedures are outlined in 12 CFR 1209.29-1209.31.
Are ex parte contacts prohibited?:
Yes (All 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:
Required by Rule
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 parties cross-examine witnesses?:
Yes
Can third-parties submit amicus briefs and/or evidence?:
Yes
No
Are hearings recorded and/or transcribed?:
Yes
Are hearings open to the public?:
Varies by Case
If "Varies by Case," please describe:
"All hearings [related to suspending/revoking representation rights] shall be closed to the public unless the Director, on the Director's own motion or upon the request of a party, otherwise directs." 12 CFR 1209.75(f)
All other hearings are open to the public, unless the Director determines otherwise, either according to his/her own discretion or in response to a motion from a party. See 12 CFR 1209.12(a)-(b)
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):
For all hearings except EAJA hearings: "Within 45 days after expiration of the time allowed for filing reply briefs." 12 CFR 1209.53(a). For EAJA hearings: "The adjudicative officer must issue a written initial decision on the application for award within 30 days after completion of proceedings on the application." 12 CFR 1203.26(a)
Is judicial review available after issuance of a final decision?:
No
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 (All Types of Cases)
If "Yes," please provide citation(s):
12 CFR 1209.53
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):
Third parties can submit amicus briefs only in EAJA cases.
Comments/Notes on Hearing-Level Adjudicators (Optional):
The "presiding officer" may be an administrative law judge.
Is ADR available at one or more points during the hearing process?:
Yes
If "Yes," when is ADR available?:
Before Claim/Case Filed
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Settlement Conference
Regulations/rules of practice governing ADR process (please include CFR citations):
12 CFR 1209.20, 1203.21, 1203.24
Comments/Notes on ADR Process (Optional):
"Any respondent may, at any time in the proceeding, unilaterally submit to FHFA's counsel of record written offers or proposals for settlement of a proceeding without prejudice to the rights of any of the parties. No such offer or proposal shall be made to any FHFA representative other than FHFA counsel of record. Submission of a written settlement offer does not provide a basis for adjourning, deferring or otherwise delaying all or any portion of a proceeding under this part. No settlement offer or proposal, or any subsequent negotiation or resolution, is admissible as evidence in any proceeding." 12 CFR 1209.20
Verified by Agency:
Not verified