Other Fields
Agency Scheme: 
HHSOSUSD0011
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Secretary
Name of Hearing Office (global name): 
Department of Health and Human Services: Office of the Secretary
Hearing Officer #1 (Title): 
Suspending/Debarring Official
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 HHS regulations. The suspending or debarring official may use flexible procedures to allow respondents to oppose the agency's action.

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?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
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)
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 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.
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. (2 C.F.R. 180.745(a)(1), 180.840(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. (2 C.F.R. 180.745(a)(1), 180.840(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)
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." (2 CFR 180.750(b), 180.845(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. (2 C.F.R. 180.755(a), 180.870(a)).
Is judicial review available after issuance of a final decision?: 
No
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): 
2 CFR 180.750(a), 180.845(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): 
2 CFR 180.755, 180.870(a)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
SSA 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. (2 CFR 180.875) 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.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified