Other Fields
Agency Scheme: 
PBGCDEBT0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Financial Officer
Name of Hearing Office (global name): 
Pension Benefit Guaranty Corporation: Office of the Chief Financial Officer
Hearing Officer #1 (Title): 
Reviewing Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Proceedings in which a debtor may seek administrative review of a notice of debt relating to a delinquent debt owed to PBGC or another federal agency prior to such action becoming final. Collection methods include salary offset, administrative offset, and administrative wage garnishment. (29 CFR Part 4093)

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
About what percentage of private parties were represented at hearings (FY2013)?: 
0.00%
Is the agency permitted to have representation at hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
29 CFR Part 4903; see also 31 CFR Parts 900-904 (Federal Claims Collection Standards)
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.): 
Debtor is not permitted to conduct full "traditional" discovery, but, upon request, may "inspect and copy records related to the debt." (29 CFR 4903.5(8))
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)
How far in advance of the hearing date is notice typically provided?: 
15 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
100%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
By Agency
Depends on Nature of Case/Claim
Please describe: 
PBGC regulations provide that a debtor is entitled to request a hearing, but such hearing need not be an oral hearing. Oral hearings are conducted when the question of indebtedness cannot be resolved by review of documentary evidence. Unless otherwise required by law, oral hearings need not be formal evidentiary hearings. (29 CFR 4903.11(c) (administrative offset), 4903.13(e) (salary offset), 4903.14 (administrative wage garnishment, incorporating 31 CFR 285.11(f)). For administrative offset, PBGC will "in most cases" provide administrative review based on the written record. (29 CFR 4903.11(c)). For salary offset, the reviewing official determines the appropriate type of hearing, which may include: informal conferences with presentation of witnesses and arguments; informal meetings with interview of employee-debtor; or formal written submissions with opportunity for oral presentation. (29 CFR 4903.13(e)(5))
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Administrative offset cases typically do not have oral hearings. For salary offset cases, when the reviewing official determines that an informal conference (ice, oral hearing) is necessary to resolve factual or credibility issues, witness testimony may be permitted. (29 CFR 4903.13(e)(5)). Not applicable for document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Administrative offset cases typically do not have oral hearings. For salary offset cases, when the reviewing official determines that an informal conference (ice, oral hearing) is necessary to resolve factual or credibility issues, cross-examination of witnesses may be permitted. (29 CFR 4903.13(e)(5)). Not applicable for document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
If an oral hearing is conducted, it is always closed. This question is not applicable to document-only hearings.
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
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
14 Days
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
First-In/First-Out Basis
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
ADJUDICATORS
Total # of Hearing Officers: 
1
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
10
Total # Cases Decided/Closed (FY2013): 
10
Total # Cases Pending (End of FY2013): 
0
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
Verified by Agency: 
Verified