Chapter 1 - San Diego Housing Commission

Chapter 11 – Program Terminations and Program Integrity Unit
[24 CFR Part 982, Subpart B, G, I & K]
3. Definition of Preponderance of Evidence
Preponderance of evidence is defined as evidence which is of greater weight or more convincing
than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that
the fact sought to be proved is more probable than not.
With respect to burden of proof in civil actions, this means the greater weight of evidence, or
evidence that is more credible and convincing to the mind; that which best accords with reason and
probability.
Preponderance of evidence may not be determined by the number of witnesses, but by the greater
weight of all evidence, the opportunity for knowledge and the information possessed.
Note: The word "preponderance" means something more than "weight"; it denotes a superiority of
weight, or outweighing.
4. Credible Evidence
Credible evidence can be provided by such sources as police, the court system and SDHC staff.
Testimony from neighbors, when combined with other credible evidence, can be used to determine
whether a preponderance of evidence exists.
DD. HEARING DECISIONS
The hearing decision shall be based exclusively on the evidence and other material introduced at the
hearing and which shall comply with governing law, regulations and SDHC policies. Factual
determinations relating to the individual circumstances of the family shall be based on a preponderance
of the evidence presented at the hearing (24 CFR 982.555). A hearing decision shall be rendered which
will either uphold or reverse the intended action of SDHC.
The Hearing Officer shall not allow the participant or SDHC any additional time to provide information or
evidence to support the participant's case. The Hearing Officer will issue a written decision to SDHC and
participant no later than 20 workdays following the hearing except those hearings regarding eligible
immigration status; in which case the decision will be issued within 14 days.
The hearing decision shall summarize the facts, identify each issue considered, specify the reasons for
the decision on each issue and identify the supporting evidence, laws, regulations, and SDHC policies
upon which the decisions are made.
The Hearing Officer must decide:
- Whether SDHC correctly applied the program rules, regulations or SDHC policies in the action
outlined in the NIA; or
- Whether the participant did or did not violate a program regulation, law or policy.
When the hearing decision is unfavorable to the participant, it shall advise the participant of the
following:
- The participant's right to obtain judicial review of the decision under California Code of Civil
Procedure 1094.6 if a petition therefore is filed within 1 year of the date of the decision.
- That the hearing decision shall be final and binding upon all parties unless timely judicial review is
sought by either party.
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