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):
5 CFR Part 1639
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.):
Debtors may, upon request, inspect and copy agency records related to the disputed debt. (5 CFR 1639.23(d), 1639.51(b))
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
How is the type of hearing selected:
By Agency
Please describe:
Salary Offset: Debtors may request an oral or written hearing. The hearing official may grant a request for oral hearing if he/she determines that the matter cannot be resolved by review of the documentary record (i.e., where credibility issue is involved). Otherwise, hearings are conducted on the written record. (5 CFR 1639.23(f)(2))
Administrative Offset: No rules specify the type(s) of hearing available, or how such hearing is selected.
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
Salary offset cases: Discretion of hearing officer whether an oral hearing is conducted, and, if so, whether such hearing is an "informal conference" with "full opportunity to present evidence, witnesses, and argument" or, instead, an informal meeting with oral presentation only. (5 CFR 1639.23(f)(2)(i)-(iii))
Administrative offset cases: Agency determines whether oral or paper hearing is required. No other hearing procedures specified. (See 5 CFR 1639.53(a)(4), 31 CFR 901.3(e))
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Salary offset cases: Discretion of hearing officer whether an oral hearing is conducted, and, if so, whether such hearing is an "informal conference" with "full opportunity to present evidence, witnesses, and argument" or, instead, an informal meeting with oral presentation only. (5 CFR 1639.23(f)(2)(i)-(iii))
Administrative offset cases: Unknown; not specified.
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
If "Yes," please specify these time limit(s):
For salary offset cases, the hearing officer is required to issue a written decision within 60 days of the petition for review.
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
Comments/Notes on Hearing-Level Adjudicators (Optional):
For salary offsets, FRTIB regulations provide only that the hearing officer may be either an ALJ or an impartial individual not under the supervision or control of the Executive Director. (See 5 CFR 1639.22(f)). For administrative offset, no hearing officer is listed; applicable regulations note only that the debtor is entitled to a hearing prior to offset. (See 5 CFR 1639.51).
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified