Are private parties permitted to have representation at hearings?:
Yes (Some Types of Cases)
Who may serve as a private party representative?:
Attorney
Is the agency permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as an agency representative?:
Attorney
Regulations/rules of practice for hearings (please include CFR citations):
45 CFR Part 1641
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?:
30 Days
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
In-Person
Written (Document-Only) Hearing:
100%
In-Person:
0%
Video:
0%
Phone:
0%
How is the type of hearing selected:
Depends on Nature of Case/Claim
Please describe:
IPAs may request an informal (oral) conference with the deciding official. Additionally, for cases involving debarment or removal, the deciding official may, at his/her discretion, conduct an oral (in-person) hearing to resolve genuine disputes of material fact. (45 CFR 1641.9-1641.10, 1641.20 - 1641.21) In FY2013, the LSC OIG issued one debarment decision. The debarment proceeding was conduced by paper hearing, but the IPA requested and received an informal, oral conference, which occurred by telephone.
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
Witness testimony is permitted in debarment/removal cases when the deciding official (i.e., OIG Legal Counsel) elects to conduct an in-person evidentiary hearing to resolve disputed facts. (45 CFR 1641.21(a)). Witness testimony is not permitted in informal conferences.
In the cases of both in-person and written hearings, the LSC OIG may consider the reports of third-party contractors who have examined the work of the subject IPA to assess compliance with applicable professional standards and OIG guidance.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Cross-examination of OIG witnesses is permitted in debarment/removal cases when the deciding official (i.e., OIG Legal Counsel) elects to conduct an in-person evidentiary hearing to resolve disputed facts. (45 CFR 1641.21(a)) Cross-examination is not permitted in informal conferences. Where hearings are conducted as a written hearing that includes a report submitted by third party auditors who have reviewed the work of the subject IPA, the subject IPA may submit a written response or rebuttal.
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?:
Varies by Case
If "Varies by Case," please describe:
The hearing is presumed open (unless it's a document-only hearing, in which case, this question is inapplicable). If the LSC OIG is required by regulation to transcribe any in-person debarment, suspension, or removal hearings it conducts and make a copy of the transcript available to the subject IPA. Should the transcript be requested by members of the public, the OIG would make it available to the extent required by the Freedom of Information Act.
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Staff Attorney
Do agency regulations or guidance provide time limits for issuance of final decisions?:
No
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:
262 Days
Is judicial review available after issuance of a final decision?:
No
How are claims/cases processed at the hearing-level stage?:
Differentiated Case Management
Please briefly describe your case management practice(s) at the hearing level stage:
The LSC OIG has only adjudicated one case since enactment of LSC's debarment regulation. If multiple cases were pending at the same time, however, it would process them at the pace and in the order appropriate to the particular circumstances of each case, recognizing that earlier filed cases should generally be decided before later filed cases but also allowing for variations in the speed with which an adequate evidentiary record can be developed in each case and the substantive or procedural decisions made by the subject IPA in mounting its defense.
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?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
45 CFR 1641.22(b)
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?:
Yes
If "Yes," when is ADR available?:
Pre-Hearing
Is ADR a mandatory or voluntary process?:
Voluntary
If "Varies by Case," please describe::
If the subject IPA requests available ADR, the LSC OIG is bound by regulation to participate.
What type(s) of ADR are available?:
Settlement Conference
If "Other," please specify::
LSC's debarment regulation requires that upon the request of the subject IPA, the LSC OIG participate in an informal meeting "to discuss issues of fact or law relating to the proposed debarment, or to otherwise resolve pending matters."
Who conducts the ADR?:
Other
If "Other," please specify::
The hearing official conducts the informal ADR proceeding.
Regulations/rules of practice governing ADR process (please include CFR citations):
45 CFR 1641.9(b)-(c).
Total # Cases Filed/Opened (FY2013):
1
Total # Cases Decided/Closed (FY2013):
0
Total # Cases Pending (End of FY2013):
1
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Verified by Agency:
Verified