Other Fields
Agency Scheme: 
OPMOSOFF0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Financial Officer
Name of Hearing Office (global name): 
Office of Personnel Management: Office of the Chief Financial Officer
Sub-Agency/Bureau/Division:: 
Office of the Director
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Hearing Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

These proceedings provide a federal employee with an opportunity to challenge an OPM-issued notice of collection for debt owed the federal government through salary offset under the Debt Collection Act. See 5 CFR part 179, subpart G (5 CFR 179.201-179.218).

OPM regulations delegate to the Chief Financial Officer (from the OPM Director) authorities under the Debt Collection Act, except for specified types of debts (which generally relate to federal employee retirement and disability funds); authority over such these latter types of debts are delegated to the Associate Director for Retirement and Insurance.

[*NOTE: The "hearing official" may be either an ALJ or other impartial hearing official "not under the supervision or control of the [OPM] Director." (5 CFR 179.203, 179.206(a)(7), 207(e))].

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 179.201 - 179.218
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.): 
The debtor-employee may request to inspect (and copy) all OPM documents relating to the debt claimed. (5 CFR 179.206(a)(5)).
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: 
Debtor-employee may request an oral or paper hearing. If oral hearing is requested, the hearing officer if he/she "determines that the matter cannot be resolved by review of documentary evidence alone (e.g., when an issue of credibility or veracity is involved.)" (5 CFR 179.207(g)(2)).
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. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
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): 
The ALJ or other hearing official is required to issue a written decision as soon as practicable after the hearing, but not later than 60 days after petition/request for hearing is received (unless debtor-employee requests delay in proceedings. (5 CFR 179.207(h))
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): 
Oral hearings are "not intended to be adversarial adjudication and need not take the form of an evidentiary hearing." Hearings can take the form of: informal conferences with full opportunity to present evidence and witnesses; informal meetings with interview of employee; written submissions with oral argument. (5 CFR 179.207(g)(2))
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The "hearing official" may be either an ALJ or other impartial hearing official "not under the supervision or control of the [OPM] Director." (5 CFR 179.203, 179.206(a)(7), 207(e)).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified