Other Fields
Agency Scheme: 
ITCXSALY0005
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Finance
Name of Hearing Office (global name): 
United States International Trade Commission: Office of Finance
Hearing Officer #1 (Title): 
Hearing official
Hearing Officer #2 (Title): 
ALJ
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

NOTE: The ITC Director of Finance arranges for qualified personnel to serve as hearing officials. 19 C.F.R. § 201.204(l)(3). ITC ALJs can serve as hearing officials too. 19 C.F.R. § 201.201(j).

PROCESS & PROCEDURE - General Information
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): 
19 C.F.R. §§ 201.201 - 201.205
PROCESS & PROCEDURE - Pre-Hearing Procedure
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Does the hearing officer have subpoena authority?: 
Yes (Some Types of Cases)
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 Agency
Required by Rule
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Adjudication Officer Discretion
Can parties cross-examine witnesses?: 
Adjudication Officer Discretion
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Adjudication Officer
Other
If "Other," please specify: 
Director of Finance in rare cases. For "materially changed circumstances," employees can request modified repayment plans. The Director of Finance reviews supporting documents and determines whether the original offset/repayment schedule imposes extreme financial hardship on the employee .
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): 
60 days after employee filed petition requesting the hearing. 5 U.S.C. § 5514(a)(2)(D); 19 C.F.R. § 201.204(c)(5).
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?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
COMMENT-Does the hearing officer have subpoena authority?: If the hearing official is an ALJ, he or she has subpoena authority. See 19 C.F.R. § 210.32. If the hearing official is someone else, they may or may not have subpoena authority. COMMENT-Are parties provided notice of hearing?: The agency must provide notice (including right to hearing if requested) at least 30 days before initiating a salary offset. 19 C.F.R. § 201.204. NOTE: If the proposed offset is $50 or less (or is a clerical error), the hearing process does not engage. However, the individual is still provided with written notice and a "point of contact for contesting such adjustment." See 5 U.S.C. § 5514(a)(3).
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
NOTE: In "special review" situations, the Director of Finance evaluates supporting documents an employee submits in a claim of materially changed circumstances justifying reduction of salary offset/changed repayment plan. The Director notifies the employee in writing whether he accepts the employee's proposed changes. 19 C.F.R. § 201.204(f). This is more of a reconsideration of the original hearing official's decision due to changed circumstances than an "appeal."
ADR: General Information
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 propose alternative payment schedules; agency compromises where appropriate
Who conducts the ADR?: 
Other
If "Other," please specify:: 
Director of Finance
Regulations/rules of practice governing ADR process (please include CFR citations): 
19 C.F.R. §§ 201.204(a)(5), 201.204(e)
Verified by Agency: 
Not verified