[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: 24CFR26.44]



[Page 292]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

     Subpart B_Hearings Pursuant to the Administrative Procedure Act

 

Sec.  26.44  General.



    (a) Time of hearing. The hearing shall commence not later than 90 

days following the Government's filing of the complaint and response 

under Sec.  26.37, unless the time is extended for good cause. The ALJ 

shall provide written notice to all parties of the reasons for any 

extension of time.

    (b) Location of hearing. The hearing shall be held where the 

respondent resides or transacts business, or in such other place as may 

be agreed upon by the parties and the ALJ. Hearings for Program Fraud 

Civil Remedies Act cases shall be located in accordance with 31 U.S.C. 

3803(g)(4).

    (c) Notice of hearing. The ALJ shall issue a notice of hearing to 

all parties specifying the time and location of the hearing, the matters 

of fact and law to be heard, the legal authority under which the hearing 

is to be held, a description of the procedures for the conduct of the 

hearing, and such other matters as the ALJ determines to be appropriate.

    (d) Limitations for Program Fraud Civil Remedies Act cases. The 

notice of hearing must be served upon the respondent within 6 years 

after the date on which the claim or statement is made. If the 

respondent fails to file a timely response to the Government's 

complaint, service of a default judgment under Sec.  26.39 shall be 

regarded as a notice of hearing for purposes of this section. The 

statute of limitations may be waived by agreement of the parties.

    (e) Burden and standard of proof. HUD shall prove the respondent's 

liability and any aggravating factors by a preponderance of the 

evidence. Respondent shall prove any affirmative defenses and any 

mitigating factors by a preponderance of the evidence.

    (f) Public hearings. Unless otherwise ordered by the ALJ for good 

cause shown, the hearing shall be open to the public.