Other Fields
Agency Scheme: 
FMCSSOFF0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Budget & Finance
Name of Hearing Office (global name): 
Federal Mediation and Conciliation Service: Budget & Finance
Sub-Agency/Bureau/Division:: 
Office of the Chief Financial Officer
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Designated Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Proceedings in which an employee-debtor may seek administrative review of a Notice of Debt Collection relating to a delinquent debt owed to the Federal Mediation and Conciliation Service or another federal agency by a federal employee prior to such action becoming final and salary withheld. Review proceedings may address the existence or amount of the debt. (See 29 CFR Part 1450, Subpt. C).

[Note: FMCS regulations regulations provide that a salary offset case may be heard by either an ALJ or an impartial "hearing officer" who is not under the supervision or control of FMCS (29 CFR 1450.22(b)(1)). Accordingly, "Hearing Officer #1" is listed as an ALJ, and "Hearing Officer #2" as a Designated Hearing Officer. Since FMCS does not employ any ALJs, it is assumed such adjudicators would, as needed, be "borrowed" from another agency on a temporary basis.]

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?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
29 CFR pt. 1450, subpt. C
PROCESS & PROCEDURE - Pre-Hearing Procedure
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.): 
Debtor is not permitted to conduct full "traditional" discovery, but, upon request, may inspect and copy records related to the debt. (29 CFR 1450.21(a)(5))
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)
How far in advance of the hearing date is notice typically provided?: 
30 Days
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 Agency
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
The form and content of the hearing will be determined by the hearing official (29 CFR 1450.22(b)(1)).
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
The form and content of the hearing will be determined by the hearing official (29 CFR 1450.22(b)(1)).
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
Are hearings open to the public?: 
Presumed Closed (But May Be Open Under Certain Conditions)
If "Varies by Case," please describe: 
The form and content of the hearing will be determined by the hearing official (29 CFR 1450.22(b)(1)).
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
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): 
A hearing officer should issue his/her written decision "at the earliest practicable date," but not later than 60 days after the filing of the request for a hearing, unless the employee requests and the hearing official grants a delay in the proceeding.
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
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?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
FMCS regulations regulations provide that a salary offset case may be heard by either an ALJ or an impartial "hearing officer" who is not under the supervision or control of FMCS (29 CFR 1450.22(b)(1)). Accordingly, "Hearing Officer #1" is listed as an ALJ, and "Hearing Officer #2" as a Designated Hearing Officer. Since FMCS does not employ any ALJs, it is assumed such adjudicators would, as needed, be "borrowed" from another agency on a temporary basis.
ADR: General Information
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?: 
Mediation
Settlement Conference
Who conducts the ADR?: 
Agency ADR Official
Regulations/rules of practice governing ADR process (please include CFR citations): 
Agency practice.
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
Verified by Agency: 
Verified