Other Fields
Agency Scheme: 
NRCOALJO0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of General Counsel
Name of Hearing Office (global name): 
Nuclear Regulatory Commission: Office of General Counsel
Sub-Agency/Bureau/Division:: 
Deputy Exec. Director for Corporate Management
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
NRC Designee
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Formal proceedings for several non-programmatic areas that require APA hearings by statute, including: (a) suspension, termination, or denial of NRC funding to program participants or applicants based due to noncompliance with requirements under civil rights statutes (e.g., Title VI of the Civil Rights Act of 1964, Rehabilitation Act, Age Discrimination Act, and Title IX) (Parts 4 & 5); (b) imposition of civil penalties under the Program Fraud Civil Remedies Act (PFCRA) (Part 13); and (c) collection of delinquent debts owed NRC or other federal agencies through administrative or salary offset (Part 16).

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 (Some Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
10 CFR Parts 4, 5, 13, 15, & 16; 31 CFR 901.3(e)
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 (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
PFCRA : Full "traditional" discovery available (e.g., document requests, requests for admission, interrogatories, and depositions), though party seeking discovery must seek ALJ's approval to propound. (10 CFR 13.21) Debt Collection Cases: Formal discovery devices are not expressly provided for, but the governing regulations guarantee debtors the right to inspect and copy government records pertaining to the debt, or to request and receive a copy of these records if they cannot personally inspect them. (10 CFR 15.33(c)(1)(ii)(A), 16.7(b)(5)) Civil Rights Cases: No discovery permitted.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
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
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
PFCRA Cases: Oral (evidentiary) hearings conducted. (18 CFR 13.30, 13.32) Civil Rights Cases: Oral (evidentiary) hearing available at party request. (18 CFR 4.51, 4.233, 4.337, 5.605) Debt Collection Cases: Oral hearings permitted at discretion of ALJ only when written hearing would be insufficient (e.g., disputed material facts, witness credibility or veracity at issue). (See 10 CFR 15.33(f), 16.9; 31 CFR 901.3(e))
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: 
PFCRA & Civil Rights Cases: Witness testimony is permitted. Debt Collection Cases: Regulations imply, though do not expressly state, that witness testimony is permitted at oral hearings. Not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
PFCRA & Civil Rights Cases: Cross-examination of witnesses permitted. Debt Collection Cases: Regulations imply, though do not expressly state, that cross-examination of witnesses is permitted at oral hearings. Not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
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): 
Debt Collection: Not later than 60 days after the hearing. (10 CFR 16.11(a)). PFCRA Cases: 90 days after the submission of post-hearing briefs. (10 CFR 13.37(c)). Civil Rights Cases: No time limit provided.
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
PROCESS & PROCEDURE - Case Management
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?: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
PFCRA Cases - 10 CFR 13.35(b).
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): 
With respect to transcripts, regulations applicable to for civil rights cases (Parts 4 & 5) and PFCRA cases (Part 13) provide for transcription of oral hearings. In debt collection cases (Part3 15 & 16), transcripts are not mandated; however, the regulations do note as follows: "an oral hearing under this section is not required to be a formal evidentiary hearing, although the agency should carefully document all significant matters discussed at the hearing." (10 CFR 15.33(f)(2); 31 CFR 901.3(e)(2)).
ADJUDICATORS
Total # of Hearing Officers: 
1
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Civil Rights Cases: Applicable regulations provide that such hearings may be conducted by either an ALJ or a Commission member. (10 CFR 4.61, 4.233, 4.337, 5.605). However, only ALJs are listed as hearing officers since it is assumed that Commission members rarely -- if ever -- preside over evidentiary hearings on these types of cases. Debt Collection Cases: Regulations provide as follows: "The hearing will be presided over by a hearing officer arranged by NRC (an [ALJ] or, alternatively, a hearing official not under the supervision or control of the head of the agency." (10 CFR 16.9(b)(1); see also 10 CFR 15.33(f)(1))
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Varies by Case
If "Varies by Case," please describe:: 
Only Age Discrimination Act cases provide for mediation. Applicable regulations provide that NRC "will refer" complaints to a mediation agency designated by HHS, and that both the complainant and the recipient "shall participate." (10 CFR 4.333(a)-(b))
What type(s) of ADR are available?: 
Mediation
Other
If "Other," please specify:: 
Meeting.
Who conducts the ADR?: 
Third-Party Neutral
Other
If "Other," please specify:: 
Mediation is conducted for Age Discrimination Act complaints by "a mediation agency designated by the Secretary of [HHS]." (10 CFR 4.333(a))
Regulations/rules of practice governing ADR process (please include CFR citations): 
Age Discrimination Act complaints only - 10 CFR 4.333(a)
Verified by Agency: 
Not verified