Chapter 1 - San Diego Housing Commission

Chapter 11 – Program Terminations and Program Integrity Unit
[24 CFR Part 982, Subpart B, G, I & K]
In the event SDHC receives a clear, written statement signed by the participant that he/she no longer
wishes to participate in the program; or if mail directed to the participant has been returned by the post
office indicating no forwarding address and/or participant's whereabouts are unknown, it is understood
that SDHC may proceed with the intended action immediately.
Z. PRE HEARING RIGHTS AND RESPONSIBILITIES
The participant has rights and must adhere to the responsibilities outlined in the "Notification of Rights
and Responsibilities Regarding the Informal Hearing." These include:
- The opportunity to receive a reasonable continuance of the hearing for good cause shown.
- An adequate opportunity to examine the contents of their case file and all documents and records
to be used by SDHC at the hearing.
- The right to receive, upon request, copies of documents and/or records that SDHC expects to use at
the hearing.
- The right to choose an attorney or another person to represent them in the hearing.
- The SDHC has a right to be notified if the family will be represented by an attorney or another
person at the hearing at least five (5) workdays prior to the hearing.
- The right to withdraw the hearing request at any time by so informing SDHC in writing.
- Before the scheduled hearing, SDHC must be given the opportunity to examine at SDHC offices any
family documents that are directly relevant to the hearing. These documents must be submitted to
the Hearing Coordinator within three workdays before the scheduled hearing if the family intends to
rely on these documents at the hearing. SDHC must be allowed to copy any such document(s). If
the family does not make the document available for examination on request of SDHC, the family
will not be allowed to present them for consideration at the hearing.
For purposes of this section, the term "document" includes records and regulations. In no case will the
family be allowed to remove the file from SDHC’s office.
The participant and the Hearing Officer shall be sent a copy of the Hearing Packet no less than five days
before the Hearing.
If SDHC does not make a document available for examination at the family's request, SDHC may not rely
on the document at the hearing.
AA. RIGHTS AT THE HEARING
At the hearing, the participant and SDHC shall have the right to:
- Represent themselves or be represented by a lawyer or other persons of their choosing.
- Bring and examine witnesses.
- Submit evidence to establish all relevant facts and circumstances in accordance with the above
policy.
- Offer explanations or arguments relevant to the issue(s).
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