[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: 24CFR8.58]



[Page 155-156]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 8_NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED PROGRAMS 

AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--Table 

of Contents

 

                          Subpart D_Enforcement

 

Sec.  8.58  Hearings.



    (a) Opportunity for hearing. Whenever an opportunity for a hearing 

is required by Sec.  8.57(c), reasonable notice shall be given by 

registered or certified mail, return receipt requested, to the affected 

applicant or recipient. This notice shall advise the applicant or 

recipient of the action proposed to be taken, the specific provision 

under which the proposed action against it is to be taken, and the 

matters of fact or law asserted as the basis for this action. The notice 

shall:



[[Page 156]]



    (1) Fix a date not less than 20 days after the date of the notice 

for the applicant or recipient to request the administrative law judge 

to schedule a hearing, or

    (2) Advise the applicant or recipient that the matter has been 

scheduled for hearing at a stated time and place. The time and place so 

fixed shall be reasonable and shall be subject to change for cause. The 

complainant, if any, shall be advised of the time and place of the 

hearing. An applicant or recipient may waive a hearing and submit 

written information and argument for the record. The failure of an 

applicant or recipient to request a hearing under this paragraph or to 

appear at a hearing for which a date has been set is a waiver of the 

right to a hearing under Sec.  8.57(c) and consent to the making of a 

decision on the basis of available information.

    (b) Hearing procedures. Hearings shall be conducted in accordance 

with 24 CFR part 180.



[53 FR 20233, June 2, 1988, as amended at 61 FR 52218, Oct. 4, 1996]