Other Fields
Agency Scheme: 
USDADEBT0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Financial Officer
Name of Hearing Office (global name): 
Department of Agriculture: Office of the Chief Financial Officer
Sub-Agency/Bureau/Division:: 
Departmental Management
Hearing Officer #1 (Title): 
Hearing Official
Hearing Officer #2 (Title): 
Reviewing Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Administrative review of proceedings for debt collection -- through administrative offset or administrative wage garnishment -- initiated by agencies within the Department of Agriculture that are not otherwise covered by the adjudication rules and processes of the National Appeals Division. (See 7 CFR Part 3, Subparts D, E & F).

For administrative wage garnishment, the USDA creditor agency contacts the USDA CFO for selection of a "hearing official." Accordingly, "Hearing Officer #1" is generically listed above as "Hearing Official." For administrative offset, 7 CFR 3.61 provides that the USDA agency initiating the debt collection proceedings selects a USDA employee to serve as the "reviewing official," or may provide for reviews to be conducted by another agency through interagency agreement. Accordingly, "Hearing Officer #2" is generically listed above as "Reviewing Official."

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?: 
Yes (Some Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
7 CFR Part 3, Subpart F; 31 CFR 285.11
Other published guidance for hearings (if any): 
31 CFR 901 - 903 (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.): 
Employee-debtors and other debtors are entitled to review and copy agency records related to the disputed debt. No other discovery permitted. (7 CFR 3.41(a)(2)(i), 3.42; 31 CFR 285.11(e)(2))
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
Phone
How is the type of hearing selected: 
By Agency
Please describe: 
Employee-debtors may request an oral or "paper" hearing. The reviewing official has discretion to grant a request for oral hearing if the matter cannot be resolved by review of the documentary record (i.e., where credibility or veracity issue is involved). Oral hearings may be in-person or telephonic. (7 CFR 3.62(a)-(c))
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 presiding officer determines that an oral (evidentiary) hearing is needed, witness testimony is permitted. Not applicable for "paper" hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If the presiding officer determines that an oral (evidentiary) hearing is needed, cross-examination of witnesses is permitted. Not applicable for "paper" 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?: 
No
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
USDA regulations do not require a transcribed record for oral hearings in salary offsets cases, but the reviewing officer is required to ensure that the "substance of all significant matters discussed at the hearing" are recorded. Debtors may arrange for a hearing transcript at their own expense. (22 CFR 3.62(g)(5)).
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
For administrative wage garnishment, the USDA creditor agency contacts the USDA CFO for selection of a "hearing official." For administrative offset, 7 CFR 3.61 provides that the USDA agency initiating the debt collection proceedings selects a USDA employee to serve as the "reviewing official," or may provide for reviews to be conducted by another agency through interagency agreement. (See 7 CFR Parts D & E)
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified