[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: 24CFR26.1]



[Page 280-281]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

               Subpart A_Hearings Before Hearing Officers

 

Sec.  26.1  Purpose.









               Subpart A_Hearings Before Hearing Officers



Sec.

26.1 Purpose.



                             Hearing Officer



26.2 Hearing officer, powers and duties.

26.3 Failure to comply with an order of the hearing officer.

26.4 Ex parte communications.

26.5 Disqualification of hearing officer.



                      Representation of the Parties



26.6 Department representative.

26.7 Respondent's representative.

26.8 Standards of practice.



                          Pleadings and Motions



26.9 Notice of administrative action.

26.10 Complaint.

26.11 Answer.

26.12 Amendments and supplemental pleadings.

26.13 Motions.

26.14 Form and filing requirements.

26.15 Service.

26.16 Time computation.



                                Discovery



26.17 Discovery.

26.18 Depositions.

26.19 Request for production of documents.

26.20 Admissions as to facts and documents.

26.21 Prehearing conference.



                                Hearings



26.22 Public nature and timing of hearings, transcripts.

26.23 Rules of evidence.

26.24 Hearing officer's determination and order.



                           Secretarial Review



26.25 Review of determination of hearing officers.

26.26 Interlocutory rulings.



     Subpart B_Hearings Pursuant to the Administrative Procedure Act



                                 General



26.27 Purpose and scope.

26.28 Definitions.



[[Page 281]]



26.29 Powers and duties of the Administrative Law Judge (ALJ).

26.30 Ex parte contacts.

26.31 Disqualification of ALJ.

26.32 Parties to the hearing.

26.33 Separation of functions.

26.34 Time computations.

26.35 Service and filing.

26.36 Sanctions.



                          Prehearing Procedures



26.37 Commencement of action.

26.38 Motions.

26.39 Default.

26.40 Prehearing conferences.

26.41 Discovery.

26.42 Subpoenas.

26.43 Protective order.



                                Hearings



26.44 General.

26.45 Witnesses.

26.46 Evidence.

26.47 The record.

26.48 Posthearing briefs.

26.49 Initial decision.

26.50 Appeal to the Secretary.

26.51 Exhaustion of administrative remedies.

26.52 Judicial review.

26.53 Collection of civil penalties and assessments.

26.54 Right to administrative offset.



    Authority: 42 U.S.C. 3535(d).



    Source: 48 FR 43304, Sept. 23, 1983, unless otherwise noted.







    This part sets forth rules of procedure in certain proceedings of 

the Department of Housing and Urban Development presided over by a 

hearing officer. These rules of procedure apply to hearings with respect 

to determinations by the Multifamily Participation Review Committee 

pursuant to 24 CFR part 200, subpart H, to hearings conducted pursuant 

to referrals by debarring or suspending officials under 24 CFR part 24, 

and to hearings conducted pursuant to referrals by a hearing official 

under 24 CFR part 25, unless such regulations at 24 CFR parts 24, 25, or 

200, provide otherwise. They also apply in any other case where a 

hearing is required by statute or regulation, to the extent that rules 

adopted under such statute or regulation are not inconsistent.



[48 FR 43304, Sept. 23, 1983, as amended at 60 FR 39239, Aug. 1, 1995]



                             Hearing Officer