Other Fields
Agency Scheme: 
FRSXBOAR0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Board of Governors
Name of Hearing Office (global name): 
Board of Governors of the Federal Reserve System: Board of Governors
Hearing Officer #1 (Title): 
Administrative Judge
Hearing Officer #2 (Title): 
Hearing Examiner
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

This adjudication scheme handles cases brought under Title VII of the Civil Rights Act, the ADEA, the Rehabilitation Act, and the Equal Pay Act.

There are several steps to this scheme: first, the complainant must consult a Counselor. If the Counselor does not help the complainant resolve his or her issue and the complainant wishes to proceed, he or she must request an investigation by the Board of Governors. If the Board does not complete the investigation within the allowed time (usually 180 days after filing), or if the complainant does not agree with the Board's decision, the complainant can request a hearing.

When the complainant requests a hearing, the case is heard by an administrative judge at the EEOC. The judge follows procedures as described in 12 CFR 168.108, and issues a decision. The Board of Governors has 40 days within which to issue a final order--if the Board does not do so, then the administrative judge's decision becomes the final action of the Board.

If the Board decides not to implement part or all of the administrative judge's decision, it can issue a final order to that effect, but must simultaneously file an appeal to the EEOC (See 12 CFR 268.109(a) and 12 CFR 268.403). The complainant may also appeal the Board's final decision to the EEOC or to a United States district court (12 CFR 268.109). Procedures for appeal to the EEOC can be found in 12 CFR 268.402-405. When the EEOC makes a decision, the Commission sends the decision to the Board, who then issues the final decision (12 CFR 268.405(c)).

Complainants may also file directly in a United States district court without proceeding through the hearing process for cases filed under the Age Discrimination in Employment Act (12 CFR 268.201) and the Equal Pay Act (12 CFR 268.407).

Finally, under this scheme, complainants can also file class action hearing. Procedures are largely the same, with additional procedure for forming the class and modified time limits (12 CFR 268.204).

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
12 CFR 268.108-109
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.): 
"The administrative judge shall notify the parties of the right to seek discovery prior to the hearing and may issue such discovery orders as are appropriate. Unless the parties agree in writing concerning the methods and scope of discovery, the party seeking discovery shall request authorization from the administrative judge prior to commencing discovery." Discovery may include interrogatories, depositions, requests for admissions, stipulations, and requests for production of documents. 12 CFR 268.108(d)
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?: 
In-Person
Please describe: 
When the private party submits a written request for an oral hearing to the Board of Governors, the party may also request an informal hearing (See 12 CFR 263.72; 12 CFR 263.203; 12 CFR 263.204; 12 CFR 263.402)
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
If "Varies by Case," please describe: 
"The institution-affiliated party may introduce oral testimony and present witnesses only if expressly authorized by the Board or the Secretary" (12 CFR 263.73). See similar language at 12 CFR 263.203(a)(7)(i); 12 CFR 263.204(d)(1); 12 CFR 263.402(c)(iii)(4).
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
No (Hearings Always Closed/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
If "Other," please specify (drafts): 
The Administrative Judge renders an initial decision, which is then sent to the Board for consideration (12 CFR 268.108(i))
Who has authority to issue final decisions?: 
Program Official
If "Other," please specify: 
The Board of Governors has the authority to issue a final decision, though the complainant may appeal that decision to either the EEOC or to the federal district courts.
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): 
"Unless the administrative judge makes a written determination that good cause exists for extending the time for issuing a decision, an administrative judge shall issue a decision on the complaint, and shall order appropriate remedies and relief where discrimination is found, within 180 days of receipt by the administrative judge of the complaint file from the Board." (12 CFR 268.108(i)). The Board then has 40 days to render a final decision (12 CFR 268.108(i); 12 CFR 268.109(a))
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
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): 
The record includes the transcript of the hearing, as well as all documents submitted to (and accepted by) the administrative judge (12 CFR 268.108(h)).
If "Yes," please provide citation(s): 
"The presiding officers may order the record to be kept open for a reasonable period following the hearing (normally five business days), during which time additional submissions to the record may be made. Therafter, the record shall be closed" (12 CFR 263.73). See also 12 CFR 263.203(a)(7)(iii); 12 CFR 263.204(d)(3)
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
Is ADR a mandatory or voluntary process?: 
Mandatory
What type(s) of ADR are available?: 
Other
If "Other," please specify:: 
"Aggrieved persons who believe they have been discriminated against...must consult a Counselor prior to filing a complaint in order to try to informally resolve the matter." (12 CFR 268.104(a))
If "Other," please specify:: 
The CFR requires that an aggrieved person contact a "Counselor," but does not define Counselor (12 CFR 268.104).
Regulations/rules of practice governing ADR process (please include CFR citations): 
12 CFR 268.104
Verified by Agency: 
Not verified