Regulations/rules of practice for hearings (please include CFR citations):
19 C.F.R. 201.206(c)
Is discovery permitted by either party at the hearing-level stage?:
No
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
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
Required by Rule
How many hearing officers preside at each hearing?:
One
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
No
N/A (Document-Only Hearings)
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Other
If "Other," please specify (drafts):
It appears that the Director of Finance hears/reviews the dispute, but that the Commission (the six Commissioners that head the agency) makes its "determination" on the request (final decision).
Do agency regulations or guidance provide time limits for issuance of final decisions?:
No
Is judicial review available after issuance of a final decision?:
No
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: Debtors have the right to "an opportunity to have the Commission's determination of indebtedness reviewed by the Director." 19 C.F.R. 201.206(c)(1)(iii). Debtors must be afforded a reasonable opportunity for an oral hearing when: "(a) an applicable statute authorizes or requires the Commission to consider waiver of the indebtedness involved, the debtor requests waiver of the indebtedness, and the waiver determination turns on an issue of credibility or veracity; OR (b) the debtor requests reconsideration of the debt and the Commission determines that the question of the indebtedness cannot be resolved by review of the documentary evidence ... Unless otherwise required by law, an oral hearing under this section is not required to be a formal evidentiary hearing, although the Commission shall document all significant matters discussed at the hearing. In those cases where an oral hearing is not required ... the Commission shall nevertheless accord the debtor a 'paper hearing,' (i.e., the Commission will make its determination on the request for waiver or reconsideration based upon a review of the written record)." 19 C.F.R. 201.206(c)(1)(iii)(A)-(B).
Total # of Hearing Officers:
1
Comments/Notes on Hearing-Level Adjudicators (Optional):
NOTE: It is unclear from the C.F.R. who exactly conducts the hearings, and it is unclear if the hearing officer varies depending on whether it is a documentary or oral hearing.
Is ADR available at one or more points during the hearing process?:
Yes
If "Yes," when is ADR available?:
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Other
If "Other," please specify::
Opportunity to enter pre-offset repayment agreement
Who conducts the ADR?:
Other
If "Other," please specify::
Commission
Regulations/rules of practice governing ADR process (please include CFR citations):
19 C.F.R. ยงยง 201.206(c)(1)(iv)
Verified by Agency:
Not verified