Chapter 1 - San Diego Housing Commission
Chapter 1 - San Diego Housing Commission
Chapter 1 - San Diego Housing Commission
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<strong>Chapter</strong> 14 – Self-Sufficiency Action Plan<br />
The final results of the Administrative File Review process must be provided in writing to the<br />
participant within twenty (20) business days from the date of the receipt of the request for review.<br />
The results shall include a brief statement of the basis for the decision, including the policies and/or<br />
regulation(s) governing the decision. If the participant does not agree with the determination of the<br />
Administrative Review, the participant may request an Informal Hearing.<br />
Request for Informal Hearing<br />
An Informal Hearing may be requested by a participant who disagrees with the decision of the<br />
Administrative File Review. The results of the Administrative File Review will include a hearing notice<br />
and an explanation of the hearing process. The hearing notice will advise the participant they must<br />
request an informal hearing within 17 work days from the date of mailing of said notice.<br />
Should the participant submit a request for a hearing on an untimely basis (later than 17 work days<br />
from the date of mailing of the hearing notice by the SDHC), staff will inform the participant by mail<br />
within ten calendar days of such receipt that the participant is not entitled to a hearing. However, a<br />
participant who has submitted an untimely hearing request within one year from the date the<br />
hearing notice was issued, and has shown good cause, may be granted an informal hearing.<br />
The participant may withdraw his or her hearing request at any time by informing SDHC in writing.<br />
After a hearing date has been scheduled, the family may request to reschedule, only one time, upon<br />
showing "good cause," which is defined as an unavoidable conflict that seriously affects the health,<br />
safety or welfare of the family. If the participant fails to appear without notice, the hearing will be<br />
considered abandoned and SDHC shall follow through with the intended action. A hearing is deemed<br />
abandoned if the participant fails to appear within 30 minutes of the scheduled hearing.<br />
Prior to the Informal Hearing, the FSS participant may review his or her FSS file and receive copies of<br />
any pertinent information or documentation. SDHC must also be given the opportunity to examine<br />
any participant documents that are directly relevant to the hearing. Any documents the participant<br />
wishes to be considered during the hearing must be submitted to the FSS Program within three (3)<br />
business days of the date of the scheduled hearing. SDHC must be allowed to copy any such<br />
documents that the participant submits. Any documents not made available for examination on<br />
request by either party prior to the hearing may not be presented at the hearing.<br />
As necessary, and if requested in advance, special accommodations such as interpreters or<br />
translators or special venues will be arranged in order to accommodate participants with<br />
communication and/or accessibility barriers. The Informal Hearing will be conducted by any person<br />
designated by the SDHC, other than a person who made or approved the decision under review or a<br />
subordinate of that person. A Hearing Officer appointed by SDHC will regulate the conduct of the<br />
hearing. The participant has a right to counsel, at his/her own expense. Both SDHC and the<br />
participant must have an opportunity to present evidence and/or witnesses as provided in the<br />
approved Section 8 Administrative Plan for SDHC and the approved SDHC Admissions and Continued<br />
Occupancy Plan for conventional Public <strong>Housing</strong>.<br />
The Hearing Officer shall make a determination as to whether the rules or regulations were correctly<br />
or incorrectly interpreted or applied based only on the information submitted at the hearing. A<br />
Notice of Hearing Findings shall be provided, in writing, to the participant within twenty (20)<br />
business days from the conclusion of the hearing.<br />
The SDHC hearing policies and procedures as contained in the Section 8 Administrative Plan, shall be<br />
the adopted policy and procedures for the FSS Program.<br />
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