[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: 24CFR26.50]



[Page 293-294]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

     Subpart B_Hearings Pursuant to the Administrative Procedure Act

 

Sec.  26.50  Appeal to the Secretary.



    (a) Except as otherwise set forth in paragraph (b) of this section, 

either party may file with the Secretary a petition for review within 30 

days after the ALJ issues an initial decision. The Secretary or designee 

may extend the 30-day period for good cause. If the Secretary or 

designee does not act upon the petition for review within 90 days of its 

service, then the initial decision shall become final.

    (b) Appeals of Program Fraud Civil Remedies Act decisions (24 CFR 

part 28). Only the respondent may file a petition for Secretarial 

review. The petition must be filed within 30 days after the ALJ issues 

the initial decision. The Secretary or designee may extend the 30-day 

period for good cause. If the Secretary or designee does not act upon 

the petition for review within 30 days of its service, then the initial 

decision shall become final.

    (c) Brief in support of petition. The petition for review shall be 

accompanied by a written brief, not to exceed 10 pages, specifying 

exceptions to the initial decision and reasons supporting the 

exceptions.

    (d) Service. The party submitting the petition for review shall 

serve a copy of the petition and brief in support of the petition on the 

other parties and on the Chief Docket Clerk.

    (e) Forwarding of the record. Upon request by the Office of the 

Secretary, the ALJ shall forward the record of the proceeding to the 

Secretary or designee.

    (f) Brief in opposition. Any opposing party may file a brief 

opposing review, not to exceed 10 pages, within 20 days of receiving the 

petition for review and accompanying brief. The brief in opposition 

shall be served on all parties.

    (g) Additional briefs. If the petition is granted, then the 

Secretary or designee may order the filing of additional briefs.

    (h) There is no right to appear personally before the Secretary or 

designee.

    (i) There is no right to appeal any interlocutory ruling by the ALJ.

    (j) In reviewing the initial decision, the Secretary or designee 

shall not consider any objection that was not



[[Page 294]]



raised before the ALJ unless a demonstration is made of extraordinary 

circumstances causing the failure to raise the objection.

    (k) The Secretary or designee shall consider only evidence contained 

in the record forwarded by the ALJ. However, if any party demonstrates 

to the satisfaction of the Secretary or designee that additional 

evidence not presented at the hearing is material and that there were 

reasonable grounds for the failure to present such evidence at such 

hearing, the Secretary or designee shall remand the matter to the ALJ 

for consideration of such additional evidence.

    (l) The prohibitions of ex parte contacts in Sec.  26.30 shall apply 

to contacts with the Secretary or designee.

    (m) The Secretary or designee may affirm, reduce, reverse, 

compromise, remand, or settle any relief granted in the initial 

decision. The Secretary or designee shall consider, and include in any 

final determination, such factors as may be set forth in applicable 

statutes or regulations.

    (n) The Secretary or designee shall promptly serve each party to the 

appeal with a copy of his or her decision and a statement describing the 

right to seek judicial review.

    (o) Judicial review. A party must generally file a petition for 

judicial review within 20 days of service of the Secretary's 

determination, or the Secretary's determination shall become final and 

not subject to judicial review. In Program Fraud Civil Remedies Act 

matters (24 CFR part 28), the respondent shall have 60 days from the 

date that the determination is sent to the respondent in which to file a 

petition. See also Sec.  26.52.