Other Fields
Agency Scheme: 
USCCRSOF0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Management
Name of Hearing Office (global name): 
United States Commission on Civil Rights: Office of Management
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Proceedings in which an employee-debtor may seek administrative review of a Notice of Debt Collection relating to a delinquent debt owed to the U.S. Commission on Civil Rights or another federal agency by a federal employee prior to such action becoming final and salary withheld. Review proceedings may address the existence or amount of the debt. (See 45 CFR Part 708).

Note: USCCR regulations provide that a salary offset case may be heard by either an ALJ or an impartial "hearing officer" who is not under the supervision or control of the USCCR Deputy Staff Director or the Commission. Because the Deputy Staff Director position is vacant, the hearing office falls under the Office of Management that includes the HR Director.

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?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
45 CFR Part 708; see also 31 CFR 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. (45 CFR 708.5(b)(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: 
By Private Party
Please describe: 
Oral hearings conducted if timely petition for hearing received from debtor.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
If the debtor requests an oral hearing, witness testimony is permitted. (45 CFR 708.6(b)). Not applicable for document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If the debtor requests an oral hearing, witness testimony is permitted. (45 CFR 708.6(b)). Not applicable for 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 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?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
The hearing official shall issue a written opinion no later than sixty (60) days after the filing of the petition for hearing; or no longer than sixty (60) days from the proceedings if an extension has been granted. (45 CFR 708.8(a))
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
Comments/Notes on Hearing-Level Adjudicators (Optional): 
USCCR regulations provide that a salary offset case may be heard by either an ALJ or an impartial "hearing officer" who is not under the supervision or control of the USCCR Deputy Staff Director or the Commission. (45 CFR 708.3(i), 708.5(b)(7), 708.7(b))
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): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
1
Verified by Agency: 
Verified