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24 C.F.R. § 26.24   Hearing officer's determination and order.

Title 24 - Housing and Urban Development

Title 24: Housing and Urban Development
PART 26—HEARING PROCEDURES
Subpart A—Hearings Before Hearing Officers
Hearings

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

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