Is the agency permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as an agency representative?:
Attorney
Other published guidance for hearings (if any):
http://www.metwashairports.com/file/ContractingManual-4thEdition.pdf
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
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
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
In proceedings before an ADJ, the ADJ "shall develop procedures for the submission of written evidence, for a hearing before the ADJ with witnesses on the record, or for other procedures as appropriate under the circumstances." See MWAA Contracting Manual § 9.5.3.2(1).
This question is not applicable to document-only hearings.
If "Varies by Case," please describe:
This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?:
No
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
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):
ADJs have wide discretion to "develop procedures ... as appropriate under the circumstances." Such procedures are communicated in writing via certified mail to the contractor. The cause(s) for debarment must be established by MWAA by a preponderance of the evidence. Contracting Manual § 9.5.3.2.
Comments/Notes on Hearing-Level Adjudicators (Optional):
The EVP and the General Counsel jointly decide whether a debarment case should go to an ADJ. An ADJ is selected by the Office of General Counsel from an impartial source, "meaning current or former employees of the suspension and debarment organizations of federal, state and/or local governments or public entities, the American Arbitration Association, the Federal Mediation and Conciliation Service, former federal or state judges or other similar individuals." MWAA Contracting Manual §§ 9.3; 9.5.3.2.
Is ADR available at one or more points during the hearing process?:
No
Other published guidance on ADR process (if any)::
http://www.metwashairports.com/file/ContractingManual-4thEdition.pdf
Comments/Notes on ADR Process (Optional):
Authority Debarment Judges (ADJs) (hearing officers) are sometimes selected from ADR organizations, such as AAA or FMCS. See MWAA Contracting Manual 9.3.
Verified by Agency:
Not verified