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?:
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations):
22 CFR pt. 1007; 31 CFR 901.3(e) (Federal Claims Collection Standards for administrative offset hearings)
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.):
Debtor is not permitted to conduct full "traditional" discovery, but, upon request, may inspect and copy records related to the debt. (22 CFR 1007.4(b)(5))
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:
Oral hearings conducted if timely petition for hearing received from debtor. However, the type of oral hearing is subject to hearing officer discretion, with hearings ranging from informal conferences and interviews to evidentiary hearings, depending on the complexity of the case. (22 CFR 1007.5(b); 31 CFR 901.3(e))
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 the debtor requests an oral hearing, witness testimony is permitted. (22 CFR 1007.5(b); 31 CFR 901.3(e))
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
If the debtor requests an oral hearing, witness testimony is permitted. (22 CFR 1007.5(b); 31 CFR 901.3(e))
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
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):
A hearing officer should issue his/her written decision "at the earliest practicable date," but not later than 60 days after receipt of petition for review.
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
Comments/Notes on Hearing-Level Process & Procedures (Optional):
Note: IAF regulations cross-reference hearings procedures in the Federal Claims Collection Standards at 4 CFR 102.3(c). However, this reference is outdated. FCCS hearing requirements for administrative offset are currently located at 31 CFR 901.3(e).
Comments/Notes on Hearing-Level Adjudicators (Optional):
IAF regulations provide only that a salary offset case must be heard by an impartial "hearing official" who is not under the supervision or control of the President. (22 CFR 1007.2(f), 1007.5(b)).
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified