Other Fields
Agency Scheme: 
NEAOOFFS0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Management and Budget
Name of Hearing Office (global name): 
National Endowment for the Arts: Office of Management and Budget
Sub-Agency/Bureau/Division:: 
Office of the Senior Deputy Chairman
Hearing Officer #1 (Title): 
Review Official
Hearing Officer #2 (Title): 
Administrative Law Judge (ALJ)
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Proceedings under Part 1150 in which a debtor may seek review of a Notice of Debt Collection relating to a delinquent debt owed to the National Endowment for the Arts (NEA) or another federal agency prior to such action becoming final. Review proceedings may address: (a) the existence or amount of debt; (b) the proposed schedule for salary offset (if debtor is a federal employee); or (c) whether debt is past due or legally enforceable. Claims collection mechanisms may include salary offset, tax refund offset, or administrative offset. (See 45 CFR Part 1150).

NEA regulations do not specify the reviewing official(s) for claims collection proceedings, other than noting that the NEA Chairperson will designate a "review official." NEA may, "when required by statute or regulation," request that the hearing be conducted by either (a) an Administrative Law Judge (ALJ), or (b) a federal official or employee "who is not under the supervision or control of the Chairperson." (45 CFR 1150.6(c))

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
Regulations/rules of practice for hearings (please include CFR citations): 
45 CFR Part 1150
Other published guidance for hearings (if any): 
Federal Claims Collection Standards (31 CFR Parts 900 - 904)
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 NEA records related to the debt at issue. If inspection of such records is impractical, "reasonable arrangements will be made to send . . . copies of the records." (45 CFR 1150.6(b))
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: 
The NEA review official determines whether oral hearing is needed, or if review of a written hearing is sufficient "in accordance with the Federal Claims Collection Standards [31 CFR Parts 900 - 904]." (45 CFR 1150.6(d)) Federal Claims Collection Standards, in turn, suggest that oral hearing is generally only needed when the determination of indebtedness involves issues of credibility or veracity. (See 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 oral hearing is conducted, witness testimony may be permitted by reviewing official. Not applicable for hearings on written record.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If oral hearing is conducted, witness testimony may be permitted by reviewing official. Not applicable for hearings on written record.
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
If "Other," please specify (drafts): 
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. (45 CFR 1150.7(e))
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
ADJUDICATORS
Total # of Hearing Officers: 
1
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified