Other Fields
Agency Scheme: 
USDATMBR0019
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Budget & Finance
Name of Hearing Office (global name): 
Department of Agriculture: Office of Budget & Finance
Sub-Agency/Bureau/Division:: 
Forest Service
Hearing Officer #1 (Title): 
Suspending/Debarring Official
Hearing Officer #2 (Title): 
Designated Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal adjudication proceedings by which purchasers or affiliates of Forest Service (FS) timber
may challenge their proposed suspension or debarment for violations of timber contracts, program rules, or other applicable legal standards. Procedural rules are set forth in 36 CFR Part 223, Subpart C.

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 (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
36 CFR Part 223, Subpart C
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
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?: 
20 Days
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 Agency
Depends on Nature of Case/Claim
Please describe: 
Respondents may request an oral "informal hearing" before the Debarring/Suspending Official. At this hearing, respondent or his/her authorized representative may present and explain evidence, as well as arguments, but there is no witness testimony. (See 36 CFR 223.138(b)(3), 223.143(b)(3)). However, in cases in which material facts are in dispute, respondents may request additional fact-finding conferences. Presentation of documentary evidence and witnesses, as well as direct and cross-examination, are available in these latter type of conferences. (See 36 CFR 223.138(b)(4), 223.143(b)(4)).
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 a fact-finding conference is conducted for disputed facts, witness testimony is permitted. No witness testimony is permitted, however, for informal oral meetings with the Suspending/Debarring Official if no material facts in dispute.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If a fact-finding conference is conducted for disputed facts, cross-examination of witnesses is permitted. No witness testimony is permitted, however, for informal oral meetings with the Suspending/Debarring Official if no material facts in dispute.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Only at Party Request
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Other
If "Other," please specify (drafts): 
For cases with disputed issues of material fact, the Suspending/Debarring Official may refer the matter to a designated hearing officer for a fact-finding conference. If such a conference is conducted, the designated hearing officer drafts recommended findings of fact to "to another official
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): 
Debarring/suspending officials are required to issue decisions according to the following timeframes: (a) in cases with no disputed issues of material fact, 30 working days after submission of respondent's opposition statement unless the official extends for good cause; (b) in cases with additional fact-finding conferences, no specific deadline. Decisions must only be issued at some point after conclusion of conference.
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
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): 
36 CFR 223.118 (defining "appeal record"), 23.132(c)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
While Forest Service regulations do not expressly close the record, such closure is implicit from the governing procedural rules when viewed collectively. (See 36 CFR 223.138(b)(2) - 223.138(b)(4), 23.143(b)(2) - 223.143(b)(4); see also 36 CFR 23.132(c))
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified