Hearing Officer Guidelines Procedures for an Effective Hearing

Due Process Due Process is a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly

A Fair Hearing Means Individual requesting the appeal has: An opportunity to be heard The right to confront witnesses (cross-examination) The right to representation An impartial decision-maker A decision based only on the evidence presented at the hearing A decision that includes the reasons and evidence relied on

Who can be Hearing Officer? Internal hearing officers External hearing officers

Preparing for the Hearing Know the relevant HUD regulations (CFRs), case law, and PHA policies for holding hearings and for denials and terminations Read the hearing packet and note issues for inquiry at the hearing Avoid any ex parte communications Make sure your hearing room is ready Consider safety precautions as necessary. Arrange appropriate seating and work space Don’t forget to prepare yourself!

Holding the Hearing Start on time Introduce everyone in the room Briefly describe the procedure for the hearing and put the parties at ease. Describe the parties’ rights Explain the consequences of disruptive behavior Describe the issues to be covered Swear in those who will be testifying Keep the hearing orderly

Holding the Hearing (cont.) Monitor the time and conduct of the hearing The party with the burden of proof goes first to present their case No one interrupts, only one person speaks at a time Cross-examination is only allowed after a witness completes testimony Take notes Ask clarifying questions, as necessary Do not become an advocate for either party Limit irrelevant or repetitious evidence or witnesses Allow parties to sum up their positions and/or rebut evidence

Writing the Hearing Decision Conduct any additional research that’s needed Consult a subject matter expert (SME) on a regulation or policy if necessary Think about what you heard and identify the facts based on a preponderance of evidence. Your decision must be based solely and exclusively upon the facts presented at the hearing. Apply relevant regulations, case law, and PHA policies to the facts Analyze whether the PHA followed due process Analyze whether the PHA’s initial decision is supported by a preponderance of evidence.

Writing the Hearing Decision (cont.) The PHA’s initial decision must be in accordance with the law, HUD regulations, and PHA policies. Follow a regular format for the written decision Write a clear, reasoned, complete decision. Identify who was present at the hearing. State your findings of fact State your conclusions, identifying the relevant findings of fact (evidence), laws, regulations, and PHA policies supporting the conclusions Cover all the issues in the PHA notice Identify any findings or conclusions based on credibility Use appropriate citations for HUD regulations, PHA policies, lease, etc. State whether the PHA’s initial decision is upheld, overturned, or sent back for more information Sign the decision.

Questions? Todd Kriner, Esquire 717-299-1100 tpk@blakingerthomas.com Thank you! Questions? Todd Kriner, Esquire 717-299-1100 tpk@blakingerthomas.com