[Code of Federal Regulations] [Title 24, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR180.100] [Page 733-734] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 180_CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS --Table of Contents Subpart A_General Information Sec. 180.100 Definitions. Subpart A_General Information Sec. 180.100 Definitions. 180.105 Scope of rules. Subpart B_Administrative Law Judge 180.200 Designation. 180.205 Authority. 180.210 Withdrawal or disqualification of ALJ. 180.215 Ex parte communications. 180.220 Separation of functions. Subpart C_Parties 180.300 Rights of parties. 180.305 Representation. 180.310 Parties. 180.315 Standards of conduct. Subpart D_Proceedings Prior to Hearing 180.400 Service and filing. 180.405 Time computations. 180.410 Charges under the Fair Housing Act. 180.415 Notice of proposed adverse action regarding Federal financial assistance in non-Fair Housing Act matters. 180.420 Answer. 180.425 Amendments to pleadings. 180.430 Motions. 180.435 Prehearing statements. 180.440 Prehearing conferences. 180.445 Settlement negotiations before a settlement judge. 180.450 Resolution of charge or notice of proposed adverse action. Subpart E_Discovery 180.500 Discovery. 180.505 Supplementation of responses. 180.510 Interrogatories. 180.515 Depositions. 180.520 Use of deposition at hearings. 180.525 Requests for production of documents or things for inspection or other purposes, including physical and mental examinations. 180.530 Requests for admissions. 180.535 Protective orders. 180.540 Motion to compel discovery. 180.545 Subpoenas. Subpart F_Procedures at Hearing 180.600 Date and place of hearing. 180.605 Conduct of hearings. 180.610 Waiver of right to appear. 180.615 Failure of party to appear. 180.620 Evidence. 180.625 Record of hearing. 180.630 Stipulations. 180.635 Written testimony. 180.640 In camera and protective orders. 180.645 Exhibits. 180.650 Public document items. 180.655 Witnesses. 180.660 Closing of record. 180.665 Arguments and briefs. 180.670 Initial decision of ALJ. 180.671 Assessing civil penalties for Fair Housing Act cases. 180.675 Petitions for review. 180.680 Final decisions. Subpart G_Post-Final Decision in Fair Housing Cases 180.700 Action upon issuance of a final decision in Fair Housing Act cases. 180.705 Attorney's fees and costs. 180.710 Judicial review of final decision. 180.715 Enforcement of final decision. Subpart H_Post-Final Decision in Non-Fair Housing Act Matters 180.800 Post-termination proceedings. 180.805 Judicial review of final decision. Authority: 29 U.S.C. 794; 42 U.S.C. 2000d-1 3535(d), 3601-3619; 5301-5320, and 6103. Source: 61 FR 52218, Oct. 4, 1996, unless otherwise noted. As used in this part: (a) The terms ALJ, Department, Fair Housing Act, General Counsel, and HUD are defined in 24 CFR part 5, subpart A. (b) The terms Aggrieved Person, Assistant Secretary, Attorney General, Discriminatory Housing Practice, Person, and State are defined in 24 CFR part 103, subpart A. (c) Other terms used in this part are defined as follows: Agency has the same meaning as HUD. Applicant and Application have the meanings provided in 24 CFR 1.2 or 24 CFR 8.3, as applicable. Charge means the statement of facts issued under 24 CFR 103.405 upon which HUD has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur. Chief Docket Clerk is the docket clerk for HUD's Office of ALJs, 409 Third Street, SW, Suite 320, Washington, DC [[Page 734]] 20024. Telephone numbers are (202) 708-5004 and FAX (202) 708-5014. Complaint means a complaint filed under the statutes covered by this part. Complainant means the person (including the Assistant Secretary) who filed a complaint under the statutes covered by this part. Fair Housing Act matters refers to proceedings under this part pursuant to the Fair Housing Act and the implementing regulations at 24 CFR parts 100 and 103. Federal financial assistance has the meaning provided in 24 CFR 1.2, 6.3, 8.3, or 146.7, as applicable. Hearing means a trial-type proceeding that involves the submission of evidence, either by oral presentation or written submission, and briefs and oral arguments on the evidence and applicable law. Intervenor is a person entitled by law or permitted by the ALJ to participate as a party. Non-Fair Housing Act matters refers to proceedings under this part pursuant to: (1) Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000d-1) and the implementing regulations at 24 CFR part 1; (2) Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794) and the implementing regulations at 24 CFR part 8; (3) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6103) and the implementing regulations at 24 CFR part 146; or (4) Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301-5321) and the implementing regulations at 24 CFR part 6. Notice of Proposed Adverse Action is the statement of facts issued pursuant to a non-Fair Housing Act matter upon which HUD has found reason to terminate or refuse to grant or continue Federal financial assistance. Party is a person who has full participation rights in a proceeding under this part. Prevailing party has the same meaning as the term has in section 722 of the Revised Statutes of the United States (42 U.S.C. 1988). Recipient has the meaning provided in 24 CFR 1.2, 6.3, 8.3, or 146.7, as applicable. Respondent means the person accused of violating one of the statutes covered by this part, including a recipient. Secretary means the Secretary of HUD, or to the extent of any delegation of authority by the Secretary to act under any of the statutory authorities listed in Sec. 180.105(a), any other HUD official to whom the Secretary may hereafter delegate such authority. [61 FR 52218, Oct. 4, 1996, as amended at 64 FR 3801, Jan. 25, 1999]