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?:
Yes (All Types of Cases)
Who may serve as an agency representative?:
Attorney
Regulations/rules of practice for hearings (please include CFR citations):
(22 CFR Part 309, Subparts A & C).
Other published guidance for hearings (if any):
Federal Claims Collection Standards (31 CFR Parts 900 - 904)
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.):
Debtors have a right, upon request, to inspect or copy Peace Corps records related to the debt at issue. If personal inspection is impractical, the agency will send records to the debtor-employee. (22 CFR 309.15(b)(5), 309.16(d)(2)-309.16(d)(3)).
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?:
30 Days
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
In-Person
Phone
Written (Document-Only) Hearing:
100%
How is the type of hearing selected:
By Agency
Please describe:
If the debtor-employee requests a hearing, the hearing official determines whether oral hearing is needed, or if review of a written hearing would be sufficient. (22 CFR 309.16(e)(2)). The Federal Claims Collection Standards, which are applicable to Peace Corps salary offset actions, suggest that oral hearing is generally only needed when the determination of indebtedness involves issues of credibility or veracity. (See 31 CFR 901.3(e))
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
Under the Federal Claims Collection Standards, if oral hearing is conducted, witness testimony may be permitted by the hearing official. Not applicable for document-only hearings.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Under the Federal Claims Collection Standards, if oral hearing is conducted, witness testimony may be permitted by reviewing official. 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 there is an in-person hearing, the hearing is closed. This question is not applicable to written (document-only) hearings.
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Staff Attorney
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 hearing official is required to issue a written decision no later than 60 days after the hearing. (22 CFR 309.15(a)(13))
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:
45 Days
Is judicial review available after issuance of a final decision?:
No
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
Comments/Notes on Hearing-Level Process & Procedures (Optional):
While transcripts are not required for oral hearings, applicable regulations do provide that the hearing official "must maintain a summary record of any hearing provided by this subpart [C]." (22 CFR 309.16(e)(2)(iv)).
Peace Corps salary offset regulations note that an oral hearing "is not an adversarial adjudication, and need not take the form of an evidentiary hearing." (22 CFR 309.16(e)(2)(ii)).
Total # of Hearing Officers:
1
Comments/Notes on Hearing-Level Adjudicators (Optional):
Peace Corps salary offset regulations do not specify the "outside" official who serves as the alternate "hearing official" if an ALJ does not conduct the hearing, other than noting that such person "may not be under the supervision or control of the Peace Corps." (22 CFR 309.15(a)(6))
Is ADR available at one or more points during the hearing process?:
Yes
If "Yes," when is ADR available?:
Before Claim/Case Filed
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Mediation
Settlement Conference
Who conducts the ADR?:
Agency ADR Official
Other published guidance on ADR process (if any)::
Peace Corps Manual Section 656
Comments/Notes on ADR Process (Optional):
Not used yet.
Total # Cases Filed/Opened (FY2013):
10
Total # Cases Decided/Closed (FY2013):
10
Total # Cases Pending (End of FY2013):
0
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Verified by Agency:
Verified