Other Fields
Agency Scheme: 
NSFOFADJ0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the General Counsel
Name of Hearing Office (global name): 
National Science Foundation: Office of the General Counsel
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Designated Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (Some Types of Cases)
Comments/Notes on Adjudication Structure: 

Enforcement actions by NSF under Part 672 related to imposition of sanctions or civil penalties under the Antarctic Conservation Act, as well as other matters requiring formal adjudicatory procedures either because they are governed by the Administrative Procedure Act or the NSF Director has otherwise designated a matter for formal hearing at his/her discretion. (See 45 CFR Part 672). Other matters governed by the formal procedures in Part 672 include: (a) allegations of prohibited discrimination by recipients of NSF funds (Parts 605, 611, 617 & 618); and (b) civil penalties under the Program Fraud Civil Remedies Act (Part 681).

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)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
45 CFR Part 672; see also 45 CFR Parts 605, 611, 617, 618 & 681
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.): 
*Antarctic Conservation Act/PFCRA/Anti-Lobbying Cases: Parties are required at prehearing conference disclose names of their witnesses and experts, along with copies of documents they intend to introduce at the hearing. Other forms of discovery (e.g., depositions) permitted only at the hearing officer's discretion upon showing of necessity and unavailability of information through other means. (45 CFR 604.405 (lobbying restrictions), 672.12(e) (ACA), 45 CFR 681.18 (PFCRA)) *Civil Rights/De-funding Cases: None specified in NSF regulations. (See 45 CFR Parts 605, 611, 617, 618)
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?: 
In-Person
How is the type of hearing selected: 
By Private Party
Required by Rule
Please describe: 
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
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?: 
No
Is judicial review available after issuance of a final decision?: 
No
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
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
NSF regulations for formal adjudication also provide for: intervention by interested parties (at discretion of hearing officer); consolidation of matters/issues by hearing officer for common issues of fact or law; severance; accelerated decisions on all or part of proceeding when there are no genuine issues of material fact; and, interlocutory appeal of certain matters to the NSF Director upon certification of presiding officer. (See 45 CFR 672.6, 672.13, 672.21(b))
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified