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)
Regulations/rules of practice for hearings (please include CFR citations):
48 CFR 9.400 - 9.407-4; 48 CFR Part 2301
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:
By rule, respondents, if they seek to contest the administrative sanctions, are entitled to submit written materials and
present oral argument to the debarring/suspending official. However, an evidentiary (fact-finding) hearing is subject
to the deciding official's discretion depending on whether he/she deems there to be disputed issues of material fact
that cannot be resolved by review of the documentary evidence. (48 CFR 9.406-3, 9.407-3)
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 at in-person hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Cross-examination is permitted at 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?:
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?:
Presumed Closed (But May Be Open Under Certain Conditions)
Who typically drafts the decision at the hearing-level stage?:
Program Official
Other
If "Other," please specify (drafts):
Contract Specialist
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:
0 Days
Is judicial review available after issuance of a final decision?:
Yes (All Types of Cases)
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?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
48 CFR 9.406-3(d), 9.407-3(d)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
If "Yes," please provide citation(s):
48 CFR 9.406-3, 9.407-3
Comments/Notes on Hearing-Level Process & Procedures (Optional):
Debarring/suspending officials may, at their discretion, refer fact-finding to another presiding official who conducts
an evidentiary hearing and issues written factual findings. (48 CFR 9.406-3(b), 9.407-3(b)). A presiding official's
written factual findings must by accepted by the debarring/suspending official unless arbitrary, capricious, or clearly
erroneous.
Total # of Hearing Officers:
1
Comments/Notes on Hearing-Level Adjudicators (Optional):
Debarring/suspending officials may, at their discretion, refer fact-finding to another presiding official who conducts
an evidentiary hearing and issues written factual findings. (48 CFR 9.406-3(b), 9.407-3(b)). The regulations
otherwise provide no guidance or requirements for the presiding official.
Is ADR available at one or more points during the hearing process?:
No
Total # Cases Filed/Opened (FY2013):
1
Total # Cases Decided/Closed (FY2013):
0
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:
Yes
Verified by Agency:
Verified