[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR17.109]



[Page 221]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 17_ADMINISTRATIVE CLAIMS--Table of Contents

 

   Subpart C_Procedures for the Collection of Claims by the Government

 

Sec.  17.109  Review procedures.



    (a) Hearings. (1) The appropriate Deputy Assistant Secretary (DAS) 

or designee conducts the hearing. The DAS or designee will take steps 

necessary to ensure that the hearing is conducted in a fair and 

expeditious manner. If necessary, the DAS or designee may administer 

oaths of affirmations.

    (2) The DAS or designee does not use the formal rules of evidence 

with regard to admissibility of evidence or the use of evidence once 

admitted. However, parties may object to clearly irrelevant material.

    (3) The DAS or designee records all significant matters discussed at 

the hearing. There is no ``official'' record or transcript provided for 

these hearings.

    (4) A debtor may represent himself or herself or may be represented 

by an attorney or other person. The Secretary is represented by the 

General Counsel or his or her designee.

    (5) The Secretary proceeds first by presenting evidence on the 

relevant issues. The debtor then presents his or her evidence regarding 

these issues. The Secretary then may offer evidence to rebut or clarify 

the evidence introduced by the debtor.

    (b) Review of the record. The appropriate DAS or designee will 

review all material related to the debt which is in the possession of 

the Department. The DAS or designee makes a determination based upon a 

review of this written record, which may include a request for 

reconsideration of the determination of indebtedness, or such other 

relevant material submitted by the debtor.