Other Fields
Agency Scheme: 
NEAONOND0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chairman
Name of Hearing Office (global name): 
National Endowment for the Arts: Office of the Chairman
Sub-Agency/Bureau/Division:: 
Office of the Senior Deputy Chairman
Hearing Officer #1 (Title): 
Chairman (or Designee)
Hearing Officer #2 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Formal adjudication proceedings to suspend, terminate, or deny NEA funding to program participants or applicants based on a finding of noncompliance with requirements under Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.), which prohibits recipients of federal financial assistance from discriminating on the basis of race, color, or national origin in the operation of their programs.

Hearings may be in-person (evidentiary) or on the written record only, at the election of the applicant or recipient. Hearings are held before either by the "responsible Endowment official" (i.e., the Chairman or his/her designee) or an Administrative Law Judge. (45 CFR 1110.8(b), 1110.9(a)).

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?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
45 CFR Part 1110
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
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 Private Party
Please describe: 
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Other
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))
Who has authority to issue final decisions?: 
Adjudication Officer
Other
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 Chairman. (45 CFR 1110.9(c), 1110.10(e)).
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
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
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
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): 
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:: 
.
Verified by Agency: 
Not verified