[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: 24CFR25.8]



[Page 276-277]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 25_MORTGAGEE REVIEW BOARD--Table of Contents

 

Sec.  25.8  Hearings and hearing request.



    (a) Hearing request. A mortgagee that is issued a probation, 

suspension, or withdrawal action is entitled to a hearing on the record. 

The mortgagee shall submit its request for a hearing within 30 days of 

receiving the Board's notice of administrative action. The request shall 

be addressed to the Board Docket Clerk, Department of Housing and Urban 

Development, 451 7th Street SW., Washington, DC 20410. The request shall 

specifically respond to the violations set forth in the notice of 

administrative action. If the mortgagee fails to request a hearing 

within 30 days after receiving the notice of administrative action, the 

Board's action shall become final.

    (b) Procedural rules. The hearing official shall hold a de novo 

hearing within 30 days of HUD's receipt of the mortgagee's request, 

unless the mortgagee requests a later hearing date. The mortgagee or its 

representative shall be afforded an opportunity to appear, submit 

documentary evidence, present witnesses, and confront any witness the 

agency presents. The parties shall not be allowed to present members of 

the Board as witnesses. At the mortgagee's request, a transcribed record 

of the hearing shall be made available at cost to the mortgagee.

    (c) Hearing location. The hearing shall generally be held in 

Washington, DC However, upon a showing of undue hardship or other cause, 

the hearing official may, in his or her discretion, order the hearing to 

be held in a location other than Washington, DC.

    (d) Hearing official's recommendation. (1) The hearing official 

shall issue written findings and a recommended decision to the Board 

within 45 days after the conclusion of the hearing, unless the hearing 

official extends this period for good cause or refers a matter for 

findings of fact or other appropriate findings pursuant to paragraph 

(d)(2)(i) of this section. The findings and recommendation shall be 

based upon the facts as found, together with any information and 

argument submitted by the



[[Page 277]]



parties and any other information in the administrative record.

    (2) Referral to a hearing officer or other independent official. (i) 

The hearing official may, at his or her discretion, refer disputed 

material facts to a hearing officer or other independent official for 

findings of fact. The hearing official may also, at his or her 

discretion, refer other issues to a hearing officer or other independent 

official for appropriate findings. The hearing official shall provide 

the parties with notice of the referral. The hearing official may reject 

the findings, in whole or in part, only after specifically determining 

them to be arbitrary and capricious or clearly erroneous.

    (ii) The provisions of part 26 of this subtitle A shall be 

applicable to proceedings before a hearing officer, with the following 

limitations:

    (A) No appeal to the Secretary may be taken under Sec. Sec.  26.24 

through 26.26 of this subtitle A with respect to any order or decision 

by the hearing officer.

    (B) Discovery shall be limited to exclude requests for answers to 

interrogatories, requests for admissions, and production of documents 

that either do not pertain to the appealing mortgagee, or pertain to 

reviews or audits by the Department or administrative actions by the 

Board against mortgagees other than the appealing mortgagee. Members of 

the Board shall not be subject to deposition, nor shall they be required 

to testify at any hearing.

    (iii) Proceedings before a hearing officer or other independent 

official shall commence within 45 days after referral by the hearing 

official, unless the parties agree to an extension of time. The hearing 

officer or other independent official shall issue the requested findings 

of fact or other appropriate findings to the hearing official within 30 

days after the conclusion of such proceedings. The time limitations of 

this paragraph may be extended upon issuance of a written notice 

describing good cause for such extension.

    (iv) The hearing official shall provide a recommended decision to 

the Board within 15 days after the findings are issued.

    (v) [Reserved]

    (e) Decision by the Board. The Board shall issue its decision within 

15 days after the hearing official issues the recommended decision. The 

Board's decision shall be mailed to the mortgagee, and shall serve as 

the final agency action concerning the mortgagee.



[60 FR 39238, Aug. 1, 1995]