Other Fields
Agency Scheme: 
NRCFARSD0007
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administration
Name of Hearing Office (global name): 
Nuclear Regulatory Commission: Office of Administration
Sub-Agency/Bureau/Division:: 
Deputy Executive Director for Corporate Management
Hearing Officer #1 (Title): 
Senior Procurement Executive
Hearing Officer #2 (Title): 
Designated Presiding Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Informal adjudication proceedings which affords a contractor the opportunity to challenge a Notice of Proposed Debarment of Suspension issued by NRC under the Federal Acquisition Regulations (FAR) and NRC Acquisition Regulations (NRCRC), which, collectively govern the agency's procurement-related suspension/debarment actions. (See 48 CFR chapters 1 (FAR) & 20 (NRCRC)).

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)
Regulations/rules of practice for hearings (please include CFR citations): 
48 CFR 2009.406-3, 2009.407-3 (NRCAR); 48 CFR 9.406-3, 9.407-3 (FAR)
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?: 
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: 
Depends on Nature of Case/Claim
Please describe: 
Contractors are permitted to submit in person (orally) or in writing their arguments and evidence in opposition to the suspension of proposed debarment. However, fact-finding (evidentiary) hearings are only conducted if the suspending/debarring official determines that a contractor's submission in opposition raises genuine issues of material fact. (See 48 CFR 2009.406-3(c), 2009.407-3(b) (NRCAR); 48 CFR 9.406-3(b)(2), 9.407-3 (FAR))
How many hearing officers preside at each hearing?: 
One
If "Varies by Case," please describe: 
Presiding officer may be either an ALJ, or one or more Commission members sitting as ALJs. (16 CFR 3.42)
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
When evidentiary hearings are conducted (i.e., when the suspending/debarring official determines that there are disputed material facts) relating to the suspension/debarment at issue, witness testimony is permitted. (48 CFR 2009.406-3(c), 2009.407-3(b) (NRCAR); 48 CFR 9.406-3, 9.407-3 (FAR)). Otherwise, witness testimony is not permitted; contractors only have the right to present oral or written argument (with or without counsel) in opposition.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
When evidentiary hearings are conducted (i.e., when the suspending/debarring official determines that there are disputed material facts) relating to the suspension/debarment at issue, cross-examination of witnesses is permitted. (48 CFR 2009.406-3, 2009.407-3(b) (NRCAR); 48 CFR 9.406-3, 9.407-3(FAR)). Otherwise, cross-examination is not permitted; contractors only have the right to present oral or written argument (with or without counsel) in opposition.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Other
If "Other," please specify (drafts): 
The suspending/debarring official may, at his/her discretion, refer matters involving disputed material facts to another presiding officer for a fact-finding (evidentiary) hearing. In such case, the presiding officer, at the conclusion of the fact-finding hearing, issues his/her proposed findings of fact. (48 CFR 9.406-3(d)(2)(ii), 9.407-3(d)(2)(ii) (FAR))
Who has authority to issue final decisions?: 
Adjudication Officer
If "Other," please specify: 
The suspending/debarring official (or his/her delegee) has the authority to issue final decisions. However, when a matter has been referred to another presiding officer for a fact-finding (evidentiary) hearing to resolve dispute material facts, the presiding officer issues his/her proposed findings of fact at the conclusion of the hearing. The suspending/debarring official may reject such findings only upon express determination that they are arbitrary, capricious, or clearly erroneous. (48 CFR 9.406-3(d)(2)(ii), 9.407-3(d)(2)(ii) (FAR))
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 debarment cases (1) based on a conviction or civil judgment or (2) that do not involve disputed material facts, the suspending/debarring official must issue a decision within 30 days after receipt of any opposing documentary information or argument from the contractor. The suspending/debarring official may extend this time period for good cause. (48 CFR 9.406-3(d)(1) (FAR)).
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
Verified by Agency: 
Not verified