Other Fields
Agency Scheme: 
JMMFTERM0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Counsel to the Foundation
Name of Hearing Office (global name): 
James Madison Memorial Fellowship Foundation: Counsel to the Foundation
Sub-Agency/Bureau/Division:: 
Office of General Counsel
Hearing Officer #1 (Title): 
Counsel
Hearing Officer #2 (Title): 
Administrative Law Judge
Comments/Notes on Adjudication Structure: 

Informal proceedings that provide an existing JMMFF fellow with "notice . . . [and] the opportunity to be heard" prior to termination or suspension of fellowships. No other hearing procedures specified by regulation. (See 45 CFR 2400.57). Termination may be based on, among other things, failure to: follow approved plan of study, make satisfactory academic progress, or file required annual activity report. Suspensions generally imposed when fellow has more than one "Incomplete" in a JMMFF-funded course.

PROCESS & PROCEDURE - General Information
Regulations/rules of practice for hearings (please include CFR citations): 
16 CFR 2400.57
PROCESS & PROCEDURE - Pre-Hearing Procedure
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.): 
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
Please describe: 
If "Varies by Case," please describe: 
Presiding officer may be either an ALJ, or one or more Commission members sitting as ALJs. (16 CFR 3.42)
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.
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.
If "Varies by Case," please describe: 
All formal and informal presentation of views "shall" be open to the public unless the Secretary finds that good cause for closure. (24 CFR 3282.152(a))
PROCESS & PROCEDURE - Post-Hearing Procedure
If "Other," please specify (drafts): 
*Oral Hearing Conducted by ALJ:When hearings conducted by an ALJ, and the ALJ has authority to issue an initial decision, the applicant or recipient has 30 days to file exceptions after receiving a mailed copy of such decision. The "responsible Endowment official" may also take "own motion" review of initial decision. If ALJ hears case but does not have authority to issue initial decision, then he/she certifies hearing record and issues "recommended findings and proposed facts" to "responsible Endowment official" for issuance of a final decision. (45 CFR 1110.10(a)) * Hearings by "Responsible Endowment Official" (REO): If the REO conducts the oral hearing, or if only a written hearing, then the REO drafts the final decision. (45 1110.10(b) - (c))
If "Other," please specify: 
ALJ initial decisions (when issued) become the final decision of the "responsible Endowment official" when no exceptions or "own motion" reviews filed. Decisions issued by the "responsible Endowment official" (REO) are final decisions. However, by rule, all final decisions (by ALJs or REOs) are subject to "approval" by the Director. (45 CFR 1110.9(c), 1110.10(e)).
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)).
PROCESS & PROCEDURE - Case Management
Please briefly describe your case management practice(s) at the hearing level stage: 
*Non-Complaint Cases Set for Hearing: FERC has 3 tracks for cases set for hearing under Subpart E, which depend on the complexity and number of issues involved. The 3 tracks are: Track I (simple case); Track II (complex case); and Track III (exceptionally complex case. These tracks establish default processing and discovery time standards for non-complaint cases set for hearing, though presiding officers have discretion to adjust as required to meet the needs of a case. *Complaints Set for Hearing: Complaints set for hearing also have established processing standards and time frames depending on whether they are "fast track" or "regular" complaints. *Complaints Involving "Small Controversies": Small controversy complaints (i.e., amount in controversy is less than $100,000 and the impact on other entities is de minimis) do not have formerly adopted processing time frames, but do have simplified procedures which, according to FERC's website, often leads to faster case resolution.
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
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
The website for the Office of Hearings and Appeals posts decisions that it believes are precedential or otherwise of public interest. Several fee-based legal database services (such as Westlaw and LEXIS) also publish case decisions.
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
If "Yes," please provide citation(s): 
2 C.F.R. 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: 
No
If "Yes," please provide citation(s): 
2 C.F.R. 180.755, 180.870(a)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
ADJUDICATORS
Total # of Hearing Officers: 
1
Comments/Notes on Hearing-Level Adjudicators (Optional): 
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
If "Varies by Case," please describe:: 
Civil Rights Cases: ALJ may appoint Settlement Judge on own motion or at parties' request. Other Cases Heard by OALJ: Rules of procedure do not expressly provide for ADR, but OALJ website suggests appointment of Settlement Judges is an option in all matters. Age Discrimination Cases: Covered complaints (pre-hearing) that contain all information necessary for further processing "shall be referred" to Federal Mediation and Conciliation Service for mediation period. (24 CFR 146.35).
If "Other," please specify:: 
Upon the filing of a complete complaint, there is an informal period in which the respondent may investigate the complaint to determine whether it has merit and, if so, for the parties to work out an informal resolution. If they cannot do so, the Assistant Secretary will attempt through informal means to resolve the matter (if deemed to have merit). Only if unsuccessful will the Assistant Secretary issue a written "imposed resolution."
If "Other," please specify:: 
Assistant Secretary for Fair Housing and Equal Opportunity (or his/her delegee)
Regulations/rules of practice governing ADR process (please include CFR citations): 
24 CFR 135.76(f)
Other published guidance on ADR process (if any):: 
FERC Dispute Resolution Division brochure and practices (available on FERC website)
Comments/Notes on ADR Process (Optional): 
FERC has a robust ADR practice, and settles (or otherwise resolves) a large percentage of contested proceedings -- in whole or in part -- through use of settlement judges and other ADR methods.
Verified by Agency: 
Not verified