Other Fields
Agency Scheme: 
USDCDEBT0015
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Financial Officer and Assistant Secretary for Administration
Name of Hearing Office (global name): 
Department of Commerce: Office of the Chief Financial Officer and Assistant Secretary for Administration
Sub-Agency/Bureau/Division:: 
Office of the Secretary
Hearing Officer #1 (Title): 
Hearing Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

This scheme provides for hearings for disputes on salary offsets, administrative offsets, and administrative wage garnishment.

NOTE: No hearing office is designated for these hearings but the regulations pertaining to debt collection all fall under the Office of the CFO and Assistant Secretary for Administration's authority. Presumably this office is in charge of appointing hearing officers for these cases though there is no information on the website pertaining specifically to hearings.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (Some Types of Cases)
Who may serve as a private party representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
15 CFR Part 19 (all case types); 5 CFR Part 5514 (salary offset); 31 CFR 285.11 (administrative wage garnishment).
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.): 
The debtor has the opportunity to inspect and copy DOC's records relating to the debt.
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: 
Depends on Nature of Case/Claim
Please describe: 
For salary offset hearings and administrative offset hearings the private party may request an oral hearing as opposed to a document-only hearing, which the hearing officer has discretion to grant. In administrative wage garnishment hearings, the hearing officer has similar discretion to decide if an oral hearing is appropriate. If the hearing officer allows an oral hearing, the private party may have that hearing occur over the telephone. See 31 CFR 285.11(f)(3)(ii).
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
This question is not applicable for document-only hearings, and in oral hearings the hearing officer has broad discretion on what kind of evidence may be allowed. There is no need for a full formal evidentiary hearing, but that does not mean the hearing officer is limited in what sort of evidence may be admitted. See 15 CFR 19.12(e)(5).
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
This question is not applicable for document-only hearings, and in oral hearings the hearing officer has broad discretion on what kind of evidence may be allowed. There is no need for a full formal evidentiary hearing, but that does not mean the hearing officer is limited in what sort of evidence may be admitted. See 15 CFR 19.12(e)(5).
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
For administrative wage garnishment cases and salary offset, within 60 days on which the request for a hearing was received by the agency. 31 CFR 285.11(f)(10); 15 CFR 19.12(e)(10). There is no information on time limits for administrative offset.
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
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?: 
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): 
Though all three case types within this scheme allow for an in-person hearing the hearing officer has wide discretion to allow in any evidence as he or she sees fit.
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The Hearing Officer in this scheme is detailed somewhat differently depending on the case type, but essentially is the same type of official. For salary offset cases the hearing officer should not be under the control or supervision of the Secretary of Commerce. Instead they should contact the Deputy CFO and request a hearing official. See 15 CFR 19.12(e)(3). For administrative wage garnishment cases the hearing official is any qualified individual, as determined by the head of the agency. See 31 CFR 285.11(f)(6). NOTE: These appear to be slightly different ways to designate hearing officials, but nothing is directly contradictory about them. The Secretary of Commerce may request a roster of hearing officials to the Deputy CFO that are not under his direct supervision or control to handle these types of cases.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified