*** Terms & Conditions of Use ***
This system solely is for the use of parties with
cases pending before the U.S. Department of Education's Office
of Hearings and Appeals (OHA). By using this site, you signify
that you have read and reviewed OHA's
E-filing procedures and E-filing User Guide and you agree to
all terms, conditions, and notices contained or referenced
herein. OHA reserves the right, in its sole discretion, to
modify, alter or otherwise update these Terms and Conditions
of Use at any time. By using this site after notice of such
changes is posted, you agree to be bound by the modifications,
alterations or updates.
All users of OHA's E-filing System (OES) are required
to have an active email account. As part of the registration
process, you will be asked to provide an email address and
other demographic information. This email address will be
used to send notifications of the electronic filing receipt
at OHA, including registration for an account. You agree to
provide true, accurate, current and complete information
about yourself as prompted by OES' registration form. Our use
of any information you provide to us as part of the
registration process is solely for the use of processing
e-filings. You are responsible for maintaining the
confidentiality of your password and account, and are
responsible for all activities (whether by you or by others)
that occur under your password or account. You agree to
notify us immediately of any unauthorized use of your
password or account or any other breach of security, and to
ensure that you exit from your account at the end of each
session. We cannot and will not be liable for any loss or
damage arising from your failure to protect your password or
account information. Parties may send to OHA only electronic
communications dealing with official cases heard by this
office. If you do not agree to these Terms and Conditions of
Use, please do not use this site.
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Privacy Act Statement:
Authorities: The Office of Hearings & Appeal’s (OHA) jurisdiction is limited to matters referred to the office by statute, regulation, directive, or other internal policy document. The current list of authorities is listed below:
General Education Provisions Act, as amended by Public Law 100-297; Sections 5(d)(2)(A) and 5(g) of the Impact Aid Act (Public Law 81 874); Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Age Discrimination Act of 1975, as amended; Program Fraud Civil Remedies Act, as amended by Public Law 99 509, Title VI, subtitle B; Civil penalty proceedings under section 432(g) of the Higher Education Act of 1965, as amended (HEA), 20 U.S.C. 1082(g); Review proceedings under section 432(h)(2) of the HEA, 20 U.S.C. 1082(h)(2); Review proceedings under section 432(h)(3) of the HEA, 20 U.S.C. 1082(h)(3); Proceedings under section 487(b) of the HEA, 20 U.S.C. 1094(b); Proceedings under section 20 U.S.C. 1094(c)(1)(F) and 20 U.S.C. 1094(c)(3)(A); 5 U.S.C. 5584, Claims of Overpayment of Pay and Allowances, and of Travel, Transportation and Relocation Expenses and Allowances, and 31 U.S.C. § 3711 et seq., Collection and Compromise; 34 Code of Federal Regulations (CFR) part 32, Salary Offset to Recover Overpayments of Pay or Allowances from Department of Education Employees; 34 CFR part 34, Administrative Wage Garnishment; Federal Claims Collection Standards (FCCS) 31 CFR chapter IX, parts 900–904
Purpose: The purpose for collecting this information is to grant you access to OHA’s Online Electronic Case System (OES). The use of OES in your matter before OHA, streamlines the filing of documents, facilitates service, provides litigants with acknowledgment of filing with OHA, allows 24-hour viewing of electronically accepted documents and the electronic download of all filings in the administrative record. In the case of electronic submissions via OES, the submission will be automatically accepted upon filing and available for viewing by all registered e-filers. All filings will be subject to further review and possible removal/return by the designated official.
Routine Uses: In addition to those disclosures permitted under 5 U.S.C.552a(b) of the Privacy Act, information contained in this system may be disclosed outside of ED as a routine use pursuant to 5 U.S.C. 552a(b)(3) when the disclosure is compatible with the purpose for which the records were compiled. The routine use disclosures are detailed in the system of records titled the Office of Hearings & Appeals (OHA) Records System.
Consequences of Failure to Provide information: Furnishing this information is voluntary; however, failure to provide the information requested will prevent you from accessing OES, using OES automated services and using OES to review and file submission to OHA.
SSN Use: The Department does not request SSNs, however, litigants in the matter may provide them in their submission of evidence. Submitting SSNs to OHA is not requested or mandated.
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