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):
45 CFR 1801.61(b); 1801.63(g)
Other published guidance for hearings (if any):
"Accountability Policy" (posed on agency website)
Is discovery permitted by either party at the hearing-level stage?:
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?:
45 Days
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
Written (Document-Only) Hearing:
0%
In-Person:
0%
Video:
0%
Phone:
0%
How is the type of hearing selected:
Required by Rule
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
N/A (Document-Only Hearings)
Can parties cross-examine witnesses?:
N/A (Document-Only Hearings)
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
N/A (Document-Only Hearings)
Are hearings open to the public?:
N/A (Document-Only Hearing)
Who typically drafts the decision at the hearing-level stage?:
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):
Under the Accountability Policy posted on the Foundation's website, the Executive Secretary has 30 days from receipt of the appeal to issue his/her decision.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:
0 Days
Is judicial review available after issuance of a final decision?:
No
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
Total # of Hearing Officers:
1
Is ADR available at one or more points during the hearing process?:
No
Total # Cases Filed/Opened (FY2013):
0
Total # Cases Decided/Closed (FY2013):
0
Total # Cases Pending (End of FY2013):
0
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
Yes
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.:
In a call with ACUS staff, a Foundation representative noted that this hearing process has only been employed once in the eight years since it was implemented, and in that instance the dispute centered on collection, not the student's liability to pay.
Verified by Agency:
Verified