Chapter 1 - San Diego Housing Commission

Chapter 11 – Program Terminations and Program Integrity Unit
[24 CFR Part 982, Subpart B, G, I & K]
- Changes in total participant payment or participant rent.
- Denial of a new voucher for a family that wants to move.
- Unit size determinations for a family that wants to move.
The informal hearing will be conducted by any person designated by SDHC, other than a person who
made or approved the decision under review or a subordinate of that person.
The participant will be given the option of presenting oral or written objections to the decision in
question. The participant has a right to legal counsel, at his or her own expense. The Hearing Officer will
regulate the conduct of the hearing. Both SDHC and the participant must have an opportunity to present
evidence and/or witnesses as provided in this Plan established by SDHC.
The Hearing Officer shall make a determination as to whether the rule or regulation was correctly applied
based only on the information submitted at the hearing. A Notice of Hearing Findings (Hearing Decision)
shall be provided, in writing, to SDHC with a copy to the participant within 20 workdays from the
conclusion of the hearing.
SDHC will retain all requests for a hearing, supporting documentation and a copy of the final decision in
accordance with the established retention policy.
Y. PRE-HEARING PROCEDURES
If SDHC staff discovers possible program violations by participants, staff is responsible for gathering and
reviewing information to determine if there is cause to issue a Notice of Intended Action (NIA).
The NIA will include the action that SDHC proposes to take; the reason for the action; the laws,
regulations or policies which staff believes require the action; and the procedures for the participant to
follow to request an informal hearing. All possible violations will be listed on the NIA at the time of
issuance and will include a brief description as well as the approximate timeframe and place of possible
violations.
SDHC shall mail or personally deliver the NIA to the participant at least 20 workdays before the date of
intended action.
The NIA will advise the participant they must request an informal hearing within 17 workdays from the
date of mailing of said notice.
SDHC shall provide a hearing if a request for an informal hearing is made by the participant pursuant to
the instructions on the NIA. The participant shall be notified of the scheduled hearing at least ten
calendar days before the scheduled date.
After a hearing date has been scheduled, the family may request to reschedule, only one time, upon
showing "good cause," which is defined as an unavoidable conflict that seriously affects the health,
safety or welfare of the family.
Should the participant submit a request for a hearing on an untimely basis (later than 17 workdays from
the date of mailing of the Notice by SDHC), staff will inform the participant by mail within ten calendar
days of such receipt that the participant is not entitled to a hearing. However, a participant who has
submitted an untimely hearing request within one year from the date the NIA was issued, and has
shown good cause may be granted an informal hearing.
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