Other Fields
Agency Scheme: 
NARAASOS0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Archivist
Name of Hearing Office (global name): 
National Archives and Records Administration: Office of the Archivist
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Hearing Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Proceedings under 36 CFR Part 1201 in which a debtor may seek review of a Notice of Debt Collection relating to a delinquent debt owed to NARA or another federal agency prior to such action becoming final. Review proceedings may address: (1) the existence or amount of debt; (2) the proposed schedule for salary offset (if debtor is a federal employee); or (3) whether debt is past due or legally enforceable. Claims collection mechanisms include salary offset, tax refund offset, administrative offset, or administrative wage garnishment.

Applicable regulations (including those of NARA, the Department of Treasury, and the Federal Claims Collection Standards (31 CFR 900-904)) require an opportunity for either a written or oral hearing, but do not specify the hearing officer. When required by law, NARA will request an administrative law judge, or hearing official from another agency who is not under the supervision or control of the Archivist, to conduct the review. Otherwise NARA may appoint a hearing official. In either case, the hearing official will, following the review, submit the review decision to the Archivist for the issuance of NARA's final decision. (36 CFR 1201.17).

PROCESS & PROCEDURE - General Information
Regulations/rules of practice for hearings (please include CFR citations): 
36 CFR 1201.17, 31 CFR 285.11, 31 CFR 901.3
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.): 
Debtors have a right, upon request, to inspect or copy NARA records related to the debt at issue. If personal inspection of such records is impractical, "to receive copies of those records." 36 CFR 1201.14(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
Phone
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: 
If an oral hearing is conducted, witness testimony may be permitted by reviewing official. This question is not applicable for hearings on written record.
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 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): 
The review official is required to issue a written decision "as soon as practicable" upon written record or completion of oral hearing, but not later than 60 days after request for review unless debtor requests (and review official agrees to) a delay in the proceedings. 36 CFR 1201.17(e)(1)
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): 
The Federal Claims Collection Standards, which are incorporated by NARA rules, provide that: "Unless required by law, an oral hearing under [31 CFR Part 901] is not required to be a formal evidentiary hearing, although the agency should carefully document all significant matters discussed at the hearing." 31 CFR 901.3(e)(2) In administrative wage garnishment cases, the oral hearing may be held by phone. 31 CFR 285.11(f)(3)(ii)
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
When required by law, NARA will request an administrative law judge, or hearing official from another agency who is not under the supervision or control of the Archivist, to conduct the review. Otherwise NARA may appoint a hearing official.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified