Part L - Informal Hearings
- AHFC Denial or Termination of Assistance
The informal hearing process is available to an Adelaide SRO applicant or participant who is denied assistance as a result of action taken by AHFC.
If a participant is determined to be ineligible for Section 8 Moderate Rehabilitation assistance, AHFC shall notify them in writing, providing the applicant a reason for the denial and an opportunity to request an informal hearing. The applicant must seek the informal hearing in writing within 10 business days from the date of AHFCs denial letter.
Should AHFC deny assistance to a participant, AHFC shall notify, in writing, both the participant and Operator of the adverse action. Any such notice shall contain language giving the participant 10-business day to request an informal hearing. The hearing shall consider whether the decisions relating to the denial of assistance are in accordance with the law, HUD regulations and/or AHFC policies. The notice will clearly state the reasons for the decision and the deadline to request the hearing.
For decisions involving termination of assistance, AHFC must give the participant an opportunity for an informal hearing before AHFC terminates housing assistance payments for the participant under an outstanding HAP contract.
- Conducting the Informal Hearing
Staffing the AHFC Public Housing Division, Support and Compliance Section, shall select a neutral Hearing Officer from among a pool of employees trained as hearing officers. The Hearing Officer will conduct the hearing.
Prior to an informal hearing, the participant may examine any documents in possession of AHFC (including records and regulations) that are directly relevant to the hearing. The participant may copy any such document at the participants expense. Any document not made available to participant prior to the hearing cannot be relied upon at the hearing.
AHFC must be given the opportunity to examine any participant documents that are directly relevant to the hearing, at an AHFC office and prior to the informal hearing. AHFC may copy any such document at AHFCs expense. Any document not made available to AHFC prior to the hearing cannot be relied upon at the hearing.
If either the participant or AHFC fail to appear at the time scheduled forth hearing, the hearing officer may determine that the non-appearing party has waived the right to a hearing or may postpone the hearing for a period not to exceed five (5) days.
The participant may obtain a lawyer or other representative at their own expense.
The Hearing Officer will have sole responsibility for regulating the conduct of the informal hearing. Failure to comply with the directions of the Hearing Officer may result in such relief, as the Hearing Officer shall reasonably determine.
Both AHFC and the participant will be given the opportunity to present evidence, and may question any witness. The Hearing Officer shall consider evidence without regard to admissibility under the more formal rules of evidence applicable to judicial proceedings.
Within ten (10) business days following the informal hearing, the Hearing Officer will notify the participant and AHFC in writing of his/her final decision and the reasons for that decision. Factual determinations relating to the individual circumstances of the participant shall be based on a preponderance of evidence presented at the hearing.
The hearing officers decision shall be binding on AHFC unless:
- The decision concerns a matter for which AHFC is not required to provide an opportunity for an informal hearing, or otherwise exceeds the authority of the Hearing Officer under AHFC hearing procedures;
- The decision is contrary to HUD regulations or requirements, or otherwise contrary to federal, state, or local law.
The decision as to whether AHFC should be bound by a decision of the Hearing Officer rests with the Director, AHFC Public Housing Division. It AHFC determines that it is not bound by the decision, AHFC will promptly notify the participant of the non-binding determination, the reasons for this decision, and the subsequent results.
The informal hearing procedures do not preclude the individual from exercising its other rights to a judicial proceeding in the event he/she wishes to challenge the findings of the informal hearing process.