ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
Explain the rules of conducting the hearing to the family: The PHA will presentits case first. The family will then be given time to ask questions, raise objectionsand present testimony on all relevant issues;Explain that the hearing decision will be rendered after the hearing is concludedand after the hearing material and testimony have been reviewed.The hearing officer insures that decorum is maintained during the hearing, that thehearing is impartial and orderly, that the PHA representative is given adequate time toexplain the PHA position without interruption, that the family receives adequate time toquestion and cross examine any witnesses, and that the family receives adequate time toexplain the family’s position, to present documents and witnesses.The hearing officer conducts a full inquiry of all relevant issues and receives and makes apart of the record all evidence or testimony presented.If the family brings documents to the hearing, the hearing officer insures that copies aremade for the PHA representative and for the file.The hearing officer may interrupt any representative or witness to ask clarifyingquestions and to verbally enter into the record dates of written documents presented andother visual information which might be appropriate to provide a clear understanding ofthe verbal as well as the written record. The hearing officer may pose questions to anyparticipant in the hearing relevant to any issue which may have a bearing on the matter tobe decided.Evidence [24 CFR 982.555(e)(5)]The PHA and the family must be given the opportunity to present evidence and question anywitnesses. In general, all evidence is admissible at an informal hearing. Evidence may beconsidered without regard to admissibility under the rules of evidence applicable to judicialproceedings.PHA PolicyAny evidence to be considered by the hearing officer must be presented at the time of thehearing. There are four categories of evidence:Oral evidence: the testimony of witnessesDocumentary evidence: a writing, which is relevant to the case, i.e, a letterwritten to the PHA. Writings shall include all forms of recorded communicationor representation, including letters, words, pictures, sounds, videotapes orsymbols or combinations thereof.Demonstrative evidence: Evidence created specifically for the hearing andpresented as an illustrative aid to assist the hearing officer, such as a model, achart or other diagram.Real evidence: A tangible item relating directly to the case.Hearsay Evidence is a statement that was made other than by a witness while testifying atthe hearing and offered to prove the truth of the matter. If either the PHA or the family© Copyright 2008 Nan McKay & Associates, Inc. Page 16-16 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
fail to comply with the discovery requirements described above, the hearing officer mayrefuse to admit such evidence.Other than the failure of a party to comply with discovery, the hearing officer has theauthority to overrule any objections to evidence.Hearing Officer’s Decision [24 CFR 982.555(e)(6)]The person who conducts the hearing must issue a written decision, stating briefly the reasons forthe decision. Factual determinations relating to the individual circumstances of the family shallbe based on a preponderance of the evidence presented at the hearing. A copy of the hearingofficer’s decision must be furnished promptly to the family.PHA PolicyIn rendering a decision, the hearing officer will consider the following matters:PHA Notice to the Family: The hearing officer will determine if the reasons forthe PHA’s decision are factually stated in the Notice.Discovery: The hearing officer will determine if the PHA and the family weregiven the opportunity to examine any/all relevant documents in accordance withPHA policy.PHA Evidence to Support the PHA Decision: The evidence consists of the factsand materials introduced. Evidence is not a conclusion and it is not argument. Thehearing officer will evaluate the evidence to determine if it supports the PHA’sconclusion to include the length of time since the violation occurred, the family’shistory of program violations and the likelihood of favorable conduct in thefuture.Validity of Grounds for Termination of Assistance (when applicable): Thehearing officer will determine if the termination of assistance is for one of thegrounds specified in the HUD regulations and PHA policies. If the grounds fortermination are not specified in the regulations or in compliance with PHApolicies, then the decision of the PHA will be overturned.The hearing officer will issue a written decision to the family and the PHA no later than10 business days after the hearing. The report will contain the following information:Hearing information:Name of the participant;Date, time and place of the hearing;Name of the hearing officer;Name of the PHA representative; andName of family representative (if applicable).© Copyright 2008 Nan McKay & Associates, Inc. Page 16-17 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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fail to comply with the discovery requirements described above, the hearing officer mayrefuse to admit such evidence.Other than the failure of a party to comply with discovery, the hearing officer has theauthority to overrule any objections to evidence.Hearing Officer’s Decision [24 CFR 982.555(e)(6)]The person who conducts the hearing must issue a written decision, stating briefly the reasons forthe decision. Factual determinations relating to the individual circumstances of the family shallbe based on a preponderance of the evidence presented at the hearing. A copy of the hearingofficer’s decision must be furnished promptly to the family.PHA PolicyIn rendering a decision, the hearing officer will consider the following matters:PHA Notice to the Family: The hearing officer will determine if the reasons forthe PHA’s decision are factually stated in the Notice.Discovery: The hearing officer will determine if the PHA and the family weregiven the opportunity to examine any/all relevant documents in accordance withPHA policy.PHA Evidence to Support the PHA Decision: The evidence consists of the factsand materials introduced. Evidence is not a conclusion and it is not argument. Thehearing officer will evaluate the evidence to determine if it supports the PHA’sconclusion to include the length of time since the violation occurred, the family’shistory of program violations and the likelihood of favorable conduct in thefuture.Validity of Grounds for Termination of Assistance (when applicable): Thehearing officer will determine if the termination of assistance is for one of thegrounds specified in the HUD regulations and PHA policies. If the grounds fortermination are not specified in the regulations or in compliance with PHApolicies, then the decision of the PHA will be overturned.The hearing officer will issue a written decision to the family and the PHA no later than10 business days after the hearing. The report will contain the following information:Hearing information:Name of the participant;Date, time and place of the hearing;Name of the hearing officer;Name of the PHA representative; andName of family representative (if applicable).© Copyright 2008 Nan McKay & Associates, Inc. Page 16-17 Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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