[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR7.13]



[Page 70-71]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 7_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

--Table of Contents

 

      Subpart A_Nondiscrimination in FEMA-Assisted Programs_General

 

Sec. 7.13  Hearings.



    (a) Opportunity for hearing. Whenever an opportunity for a hearing 

is required by section 12(c), reasonable notice shall be given by 

registered or certified mail, return receipt requested, to the affected 

applicant or recipient. This notice shall advise the applicant or 

recipient of the action proposed to be taken, the specific provision 

under which the proposed action against it is to be taken, and the 

matters of fact or law asserted as the basis for this action, and either 

(1) fix a date not less than 20 days after the date of such notice 

within which the applicant or recipient may request of the responsible 

agency official that the matter be scheduled for hearing or (2) advise 

the applicant or recipient that the matter in question has been set down 

for hearing at a stated place and time. The time and place so fixed 

shall be reasonable and shall be subject to change for cause. The 

complainant, if any, shall be advised of the time and place of the 

hearing. An applicant or recipient may waive a hearing and submit 

written information and argument for the record. The failure of an 

applicant or recipient to request a hearing under this subsection or to 

appear at a hearing for which a date has been set shall be deemed to be 

a waiver of the right to a hearing under section 602 of the Act and 

section 12(c) of this regulation and consent to the making of a decision 

on the basis of such information as is available.

    (b) Time and place of hearing. Hearings shall be held at the 

National Headquarters of the Federal Emergency Management Agency in 

Washington, DC, at a time fixed by the responsible agency official 

unless he determines that the convenience of the applicant or recipient 

or of the agency requires that another place be selected. Hearings shall 

be held before the responsible agency official or, at his discretion, 

before a hearing examiner designated in accordance with section 11 of 

the Administrative Procedure Act.

    (c) Right to counsel. In all proceedings under this section, the 

applicant or recipient and the agency shall have the right to be 

represented by counsel.

    (d) Procedures, evidence, and record. (1) The hearing, decision, and 

any administrative review thereof shall be conducted in conformity with 

sections 5-8 of the Administrative Procedure Act, and in accordance with 

such rules of



[[Page 71]]



procedure as are proper (and not inconsistent with this section) 

relating to the conduct of the hearing, giving of notices subsequent to 

those provided for in paragraph (a) of this section, taking of 

testimony, exhibits, arguments and briefs, requests for findings, and 

other related matters. Both the agency and the applicant or recipient 

shall be entitled to introduce all relevant evidence on the issues as 

stated in the notice for hearing or as determined by the officer 

conducting the hearing at the outset of or during the hearing.

    (2) Technical rules of evidence shall not apply to hearings 

conducted pursuant to this regulation, but rules or principles designed 

to assure production of the most credible evidence available and to 

subject testimony to test by cross-examination shall be applied where 

reasonably necessary by the officer conducting the hearing. The hearing 

officer may exclude irrelevant, immaterial, or unduly repetitious 

evidence. All documents and other evidence offered or taken for the 

record shall be open to examination by the parties and opportunity shall 

be given to refute facts and arguments advanced on either side of the 

issues. A transcript shall be made of the oral evidence except to the 

extent the substance thereof is stipulated for the record. All decisions 

shall be based upon the hearing record and written findings shall be 

made.

    (e) Consolidated or joint hearings. In cases in which the same or 

related facts are asserted to constitute noncompliance with this 

regulation with respect to two or more Federal statutes, authorities, or 

other means by which Federal financial assistance is extended and to 

which this regulation applies, or noncompliance with this regulation and 

the regulations of one or more other Federal departments or agencies 

issued under title VI of the Act, the Director of the Federal Emergency 

Management Agency may, by agreement with such other departments or 

agencies where applicable, provide for the conduct of consolidated or 

joint hearings, and for the application to such hearings of rules of 

procedures not inconsistent with this regulation. Final decisions in 

such cases, insofar as this regulation is concerned, shall be made in 

accordance with section 14.



[30 FR 321, Jan. 9, 1965. Redesignated at 45 FR 44575, July 1, 1980, and 

further redesignated at 55 FR 23078, June 6, 1990. 68 FR 51379, Aug. 26, 

2003]