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 Parts 607 & 608; see also 4 CFR 102.3 (administrative offset)
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.
Are ex parte contacts prohibited?:
No
Are parties provided notice of hearing?:
Yes (All Types of Cases)
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
By Private Party
Please describe:
Salary Offset: The debtor may file a petition for either an oral or a "paper" hearing (on the written record only). (45 CFR 607.5(a)).
Administrative Offset: Rules are silent on type(s) of hearings available.
How many hearing officers preside at each hearing?:
One
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
No
N/A (Document-Only Hearings)
Who typically drafts the decision at the hearing-level stage?:
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):
No later than 60 days after petition is filed.
Is judicial review available after issuance of a final decision?:
No
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
Comments/Notes on Hearing-Level Adjudicators (Optional):
NSF regulations do not specify the hearing officials for these types of matters. For salary offsets, NSF rules provide only that the individual shall be an impartial and not under the supervision or control of the Chief Financial Officer. (See 45 CFR 607.2, 607.5(b)). For administrative offset, no hearing officer is listed; applicable regulations note only that the debtor is entitled to a hearing prior to offset. (See 45 CFR Part 618).
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified