[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: 24CFR26.24]



[Page 287]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

               Subpart A_Hearings Before Hearing Officers

 

Sec.  26.24  Hearing officer's determination and order.



    (a) Scope of review. The hearing officer shall conduct a de novo 

review of the administrative action to determine whether it is supported 

by a preponderance of the evidence unless a different standard of proof 

is required by law or regulation. Each and every charge alleged by the 

Department need not be proven to support the administrative action. The 

hearing officer may modify or vacate the administrative action under 

review only upon a particularized finding of facts which justifies a 

deviation from the administrative action.

    (b) Closing of hearing. At the discretion of the hearing officer, 

the closing of the record may be postponed in order to permit the 

admission of other evidence into the record. In the event further 

evidence is admitted, each party shall be given an opportunity to 

respond to such evidence.

    (c) Briefs. Upon conclusion of the hearing, the hearing officer may 

request the parties to file proposed findings of fact and legal briefs. 

The hearing officer shall make a written determination and order based 

upon evidence and arguments presented by the parties. The determination 

shall be founded upon reliable and probative evidence. This 

determination and order shall be served upon all parties.

    (d) Bench decisions. Where the parties agree and where appropriate 

in the judgment of the hearing officer, a bench decision will be issued.

    (e) Time period for issuance of decision. The hearing officer shall 

endeavor to issue a determination within sixty days from the date of the 

closing of the record.

    (f) Finality of decision. The determination and order shall be final 

unless a party timely appeals the decision and within forty days the 

Secretary decides to review the determination in accordance with Sec.  

26.25, or to have the determination reviewed by a designee.



                           Secretarial Review