Chapter 1 - San Diego Housing Commission

Chapter 11 – Program Terminations and Program Integrity Unit
[24 CFR Part 982, Subpart B, G, I & K]
- Challenge any evidence or testimony including an opportunity to call, confront and cross-examine
adverse witnesses.
- Provide their own interpreter or other device facility to overcome language or other communication
handicaps.
1. Recording the Proceedings
After a hearing decision has been rendered, the family may request a copy and one will be provided.
BB. DENIAL OR DISMISSAL OF AN INFORMAL HEARING
SDHC shall deny or dismiss a timely request for a hearing under the following conditions:
- The participant requesting the hearing has withdrawn the request.
- When the sole issue is one of federal law or regulation requiring automatic adjustments for classes
of Rental Assistance Program participants.
A hearing is deemed abandoned if the participant fails to appear within 30 minutes of the scheduled
hearing.
Should SDHC determine the hearing "abandoned," a letter will be sent to the participant stating the
hearing was abandoned. The participant has five workdays to demonstrate, in writing, good cause that
the hearing should not be considered abandoned and request another hearing. “Good cause” is defined
as an unavoidable conflict, which seriously affects the health, safety or welfare of the family.
Should the participant fail to contact SDHC within five workdays SDHC will follow through with the
intended action.
CC. CONDUCT OF HEARING
The hearing may be conducted by any person or person(s) designated by SDHC, other than a person who
made or approved the decision under review or a subordinate of this person.
1. Hearing Officer Responsibility
In conducting the Hearing, the Hearing Officer shall be responsible for:
- Explaining the hearing is informal, but that the decision is binding, subject to judicial review.
- Ensuring a full inquiry into all relevant issues.
- Regulating the conduct of the hearing consistent with due process and in accordance with this
Plan to ensure an impartial, orderly hearing.
- Preparing an official hearing record, which shall contain the substance of the oral testimony
presented at the hearing; all papers, documents, records, etc., submitted for the hearing
and/or considered by the Hearing Officer; and the written decision of the Hearing Officer.
2. Evidence
SDHC and the family must be given the opportunity to present evidence in accordance with this Plan
and may question any witnesses. Evidence may be considered without regard to admissibility under
the rules of evidence applicable to judicial proceedings.
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