Other Fields
Agency Scheme: 
NIGCSOFF0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Division of Finance
Name of Hearing Office (global name): 
National Indian Gaming Commission: Division of Finance
Hearing Officer #1 (Title): 
Administrative Law Judge (ALJ)
Hearing Officer #2 (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 a debtor may seek administrative review of a notice of intent to collect a delinquent debt owed to the National Indian Gaming Commission or another federal agency prior to such action becoming final. Debt/claims collection actions may include salary offset (for current federal employees) or administrative wage garnishment (for collection of monies from non-federal employers). (See 25 CFR Part 513)

*NOTE: Neither NGIC regulations, nor other applicable law or regulations, specify who shall serve as hearing officers for these proceedings. For salary offset, NGIC regulations provide only that the individual who does not work for the agency, while, for administrative wage garnishment, Treasury Department regulations (which NGIC incorporates), provide that the hearing officer should be a qualified individual selected by the agency head, including an Administrative Law Judge.

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
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
25 CFR Part 513; see also 31 CFR 285.11 (Treasury Department regulations on administrative wage garnishment)
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 may, upon request, inspect and copy the agency's records relating to the debt at issue.
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
Depends on Nature of Case/Claim
Please describe: 
Oral hearings are conducted when requested by debtor and agency determines that question of indebtedness cannot be determined solely by review of documentary evidence (e.g., questions of veracity or credibility). (For salary offset cases, see 25 CFR 513.32(b)-(c), 31 CFR 901.3(e), and for administrative wage garnishment cases see, 31 CFR 285.11(f)(3)). Otherwise, "paper" hearings are conducted.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Oral hearings are conducted when requested by debtor and agency determines that question of indebtedness cannot be determined solely by review of documentary evidence (e.g., questions of veracity or credibility). (For salary offset cases, see 25 CFR 513.32(b)-(c), 31 CFR 901.3(e), and for administrative wage garnishment cases see, 31 CFR 285.11(f)(3)). When oral hearings are conducted, witness testimony is permitted. Not applicable to "paper" hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Oral hearings are conducted when requested by debtor and agency determines that question of indebtedness cannot be determined solely by review of documentary evidence (e.g., questions of veracity or credibility). (For salary offset cases, see 25 CFR 513.32(b)-(c), 31 CFR 901.3(e), and for administrative wage garnishment cases see, 31 CFR 285.11(f)(3)). When oral hearings are conducted, cross-examination of witnesses is permitted. Not applicable to "paper" hearings.
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 (Some Types of Cases)
If "Yes," please specify these time limit(s): 
For administrative wage garnishment, written decisions must be issued by the presiding official within 60 days of the hearing request. (31 CFR 285.11(f)(10). Not time limit specified by regulation for decision issuance in salary offset cases.
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
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
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Neither NGIC regulations, nor other applicable law or regulations, specify who shall serve as hearing officers for these proceedings. For salary offset, NGIC regulations provide only that the individual who does not work for the agency. (See 25 CFR 513.31(b)(8)). For administrative wage garnishment, Treasury Department regulations (which NGIC incorporates), provide that the hearing officer should be a qualified individual selected by the agency head, including an Administrative Law Judge. (See 25 CFR 513.40; 31 CFR 285.11(f)(6)).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified