1. Hearing Officer Guidelines
Procedures for an Effective Hearing

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

3. 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

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

5. 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!

6. 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

7. 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

8. 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.

9. 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.

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