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?:
No
Regulations/rules of practice for hearings (please include CFR citations):
5 CFR Part 919
Is discovery permitted by either party at the hearing-level stage?:
No
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:
Required by Rule
Depends on Nature of Case/Claim
Please describe:
Respondents may contest the proposed agency action by submitting written materials and appear before the suspending/debarring official to present oral arguments. (See 5 CFR 919.720, 919.815)). Additionally, the suspending/debarring official has discretion to conduct an evidentiary hearing in all proceedings when there are material disputed facts that cannot be resolved by review of the documentary record. (See 5 CFR 919.735, 919.830).
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 may be permitted at in-person hearings. For document-only hearings, this question is N/A.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Cross-examination may be permitted at in-person hearings. For document-only hearings, this question is N/A.
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
Yes
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):
The suspending or debarring official must issue a written decision within 45 days of closing the official record.
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?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
5 CFR 919.745, 919.845
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
5 CFR 919.750, 919.845
Comments/Notes on Hearing-Level Process & Procedures (Optional):
All final decisions imposing a suspension or debarment are published in the sense that information concerning such suspension/debarment is required to be posted on the government-wide Excluded Parties List System (EPLS). (Federal agency officials use the EPLS) to determine whether or not to enter into a transaction.)
Comments/Notes on Hearing-Level Adjudicators (Optional):
The suspending/debarring official "may" refer disputed material facts to another official for a fact-finding hearing. (No other regulatory guidance is given regarding selection of other fact-finding official.) The debarring/suspending official may reject resulting factual findings, in whole or in part, "only after specifically determining them to be arbitrary, capricious, or clearly erroneous." (5 CFR 919.750(b), 919.845(c))
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified