Other Fields
Agency Scheme: 
MSPBSOFF0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chairman
Name of Hearing Office (global name): 
Merit Systems Protection Board: Office of the Chairman
Hearing Officer #1 (Title): 
Designated Hearing Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Proceedings in which an employee-debtor may seek administrative review of a notice of intent to collect a delinquent debt owed to the Merit Systems Protection Board or another federal agency prior to such action becoming final and salary withheld. (5 CFR Part 1215).

Note: MSPB regulations regulations provide only that, in a salary offset case, the Chairman shall designate an impartial "hearing official" who is not under his/her supervision or control. (5 CFR 1215.2(f), 1215.5(b)). Accordingly, "Hearing Officer #1" is listed above as "Designated Hearing Official."

PROCESS & PROCEDURE - General Information
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): 
5 CFR pt. 1215; 31 CFR 901.3(e) (Federal Claims Collection Standards for administrative offset hearings)
PROCESS & PROCEDURE - Pre-Hearing Procedure
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. (5 CFR 1215.4(a)(5))
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
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. (5 CFR 1215.5(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. (5 CFR 1215.5(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, cross examination is permitted. (5 CFR 1215.5(b); 31 CFR 901.3(e))
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
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
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
First-In/First-Out Basis
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): 
Note: MSPB 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).
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
MSPB regulations 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 Chairman (5 CFR 1215.2(f), 1215.5(b)).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified