Other Fields
Agency Scheme: 
OPMOPFCR0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the General Counsel
Name of Hearing Office (global name): 
Office of Personnel Management: Office of the General Counsel
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

This scheme implements the Program Fraud Civil Remedies Act, and provides a defendant the opportunity to contest an administrative complaint by OPM for civil penalties (up to $5,000) or other monetary assessment based on submission of false or fictitious claims to OPM for payment, services, or benefits. The OPM reviewing official may issue a complaint only upon review and approval by the Department of Justice. (See 5 CFR Part 185)

[*Note: OPM does not currently employ any ALJs. Such adjudicators would thus need to be "borrowed" from another federal agency, typically through an Interagency Agreement on a reimbursable basis. Since OPM does not employ any ALJs, it is assumed that such ALJs would be procured, as needed, from other federal agencies under the auspices of OPM's OGC.]

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): 
5 CFR part 185
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.): 
OPM is required, upon defendant's request, to disclose the following documents: (a) transcripts, records, or other materials related to the allegations in the complaint, and (b) copies of all exculpatory (non-privileged) information of the investigating or reviewing officials. (5 CFR 185.121(a)-(b)). Other types of discovery, unless mutually agreed by the parties, are only available by motion to, and order by, the ALJ: document requests; written interrogatories; and depositions. Motions to compel and for protective orders are permitted. (5 CFR 185.121 - 185.122)
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
How is the type of hearing selected: 
By Private Party
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted in in-person hearings. Not applicable in document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Witness cross-examination is permitted in in-person hearings. Not applicable in document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
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): 
90 days after post-hearing briefing completed (if permitted). If ALJ fails to issue written decision in this time, he/she must notify parties and set a new deadline. (5 CFR 185.137(c))
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?: 
Yes (All Types of Cases)
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): 
OPM does not currently employ any ALJs. Such adjudicators would thus need to be "borrowed" from another federal agency, typically through an Interagency Agreement on a reimbursable basis.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified