Other Fields
Agency Scheme: 
FMCSSUSD0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Director
Name of Hearing Office (global name): 
Federal Mediation and Conciliation Service: Office of the Director
Hearing Officer #1 (Title): 
Suspending/Debarring OfficialDirector, FMCS
Hearing Officer #2 (Title): 
Designee
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal adjudication proceedings for nonprocurement-related suspension and debarment pursuant to Federal Mediation and Conciliation regulations adopting OMB Guidance setting forth procedural minima. (See 29 CFR Part 1471). FMCS regulations define "debarring official" and/or "suspending official" as either the agency head or his/her designee. (29 CFR 1471.935, 1471.1010.)

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?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
29 CFR Part 1470
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?: 
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
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
0%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
By Private Party
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Respondents may contest a suspension/debarment by presenting the suspending/debarring official with information -- orally or in writing (at their discretion, though "important" information should also be presented in writing if first presented orally) -- in opposition to the adverse action. Such presentations, if oral, are in the nature of informal meetings. (29 C.F.R. 1471.720, 1471.740, 1471.815, 1471.835). Respondents may also have an "additional opportunity" to present evidence at a more trial-type hearing if the suspending/debarring official determines there is genuine dispute over facts material to the suspension or debarment. (29 C.F.R. 1471.735, 1471.745, 1471.830, 1471.840). Suspending/debarring officials may, at their discretion, refer disputed material facts to "another official" for a fact-finding hearing. (29 CFR 1471.750(b), 1471.845(c)).
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
If a fact-finding hearing is conducted, witnesses may be presented. (29 C.F.R. 1471.745(a)(1), 1471.840(a)(1)). Inapplicable to document-only hearings or oral presentations (meetings) with suspending/debarring officials.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If a fact-finding hearing is conducted, cross-examination of witnesses is permitted. (29 C.F.R. 1471.745(a)(1), 1471.840(a)(1)). Inapplicable to document-only hearings or oral presentations (meetings) with suspending/debarring officials.
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?: 
Presumed Closed (But May Be Open Under Certain Conditions)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Other
If "Other," please specify (drafts): 
Suspending/debarring officials may, at their discretion, refer disputed material facts to "another official" (unspecified in regulations) to have him/her conduct a fact-finding hearing. When referred, the suspending/debarring official may only reject findings by the fact-finding official "after specifically determining them to be arbitrary, capricious, or clearly erroneous." (29 CFR 1471.750(b), 1471.845(c)).
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): 
The suspending/debarring official must issue a written decision within 45 days of closing the official record. May be extended for good cause. (29 C.F.R. 1471.755, 1471.870(a)).
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?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 CFR 1471.750(a), 1471.845(a)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 CFR 1471.755, 1471.870(a)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
FMCS regulations permit the debarred person to request reconsideration (by the the debarring official) of his/her debarment decision, or to seek reduction in the scope or length of the debarment. (29 CFR 1471.875) All final decisions imposing a suspension or debarment are "published" in the sense that information concerning such suspension/debarment is required to be posted on the government-wide Excluded Parties List System (EPLS). Federal agency officials use the EPLS to determine whether or not to enter into transactions.
ADJUDICATORS
Total # of Hearing Officers: 
1
Comments/Notes on Hearing-Level Adjudicators (Optional): 
To be determined upon designation.
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
Who conducts the ADR?: 
Agency ADR Official
Comments/Notes on ADR Process (Optional): 
As a mediation agency, FMCS will generally encourage mediation of any dispute.
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
If "Yes," please indicate preferred format below.: 
Separate email with statistical attachment (e.g., PDF, MS-Word, Excel)
Verified by Agency: 
Verified