2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...
2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...
2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...
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When the PHA receives a request for an informal hearing, a hearing shall be scheduled within 15<br />
days. The notification of hearing will contain:<br />
The date and time of the hearing;<br />
The location where the hearing will be held;<br />
The family's right to bring evidence, witnesses, legal or other representation at the<br />
family's expense.<br />
The right to view any documents or evidence in the possession of the PHA upon which<br />
the PHA based the proposed action and, at the family's expense, to obtain a copy of such<br />
documents prior to the hearing. Such documents will be made available upon request.<br />
The request for an informal hearing must be received in writing, by the close of the business day<br />
no later than 15 days from the date of the PHA’s notification of termination of assistance. An<br />
exception may be made by the PHA for those families who need a reasonable accommodation or<br />
have an emergency that can reasonably be foreseen to prevent them from requesting a hearing<br />
within 15 days. The informal hearing will be scheduled within 15 days from the date the request<br />
is received.<br />
The PHA may request a copy of any documents or evidence the family will use at the hearing.<br />
The PHA will schedule a continuance to allow the family or PHA to obtain required documents<br />
and information, if the request for a continuance is deemed reasonable by the Hearing Officer or<br />
Manager.<br />
The PHA's Hearing Procedures<br />
After a hearing date is scheduled, the family may request to reschedule only upon showing "good<br />
cause," which is defined as an unavoidable conflict which seriously affects the health, safety or<br />
welfare of the family.<br />
If the family does not attend the hearing and does not contact the PHA to show good cause for<br />
not attending the hearing, the termination will become final.<br />
Families have the right to:<br />
Present written or oral objections to the PHA's determination.<br />
Examine the documents in the file which are the basis for the PHA's action, and all<br />
documents submitted to the Hearing Officer.<br />
Copy any relevant documents at their expense. In no case will the family be allowed to<br />
remove the file from the office.<br />
Present any information or witnesses pertinent to the issue of the hearing.<br />
Request that PHA staff be available or present at the hearing to answer questions<br />
pertinent to the case; and<br />
Be represented by legal counsel, advocate, or other designated representative at their own<br />
expense.<br />
Copyright 2000 by Nan McKay & Associates<br />
To be printed only with permission of Nan McKay & Associates<br />
Unlimited copies may be made for internal use<br />
Approved by <strong>CMHA</strong> Board of Commissioners<br />
October 3, 2012<br />
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