TITLE 24 - HOUSING AND URBAN DEVELOPMENT

SUBTITLE A - OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PART 26 - HEARING PROCEDURES

subpart b - HEARINGS PURSUANT TO THE ADMINISTRATIVE PROCEDURE ACT

26.44 - General.

  (a) Time of hearing. The hearing shall commence not later than 90 days following the Government's filing of the complaint and response under 26.37, unless the time is extended for good cause. The ALJ shall provide written notice to all parties of the reasons for any extension of time.

  (b) Location of hearing. The hearing shall be held where the respondent resides or transacts business, or in such other place as may be agreed upon by the parties and the ALJ. Hearings for Program Fraud Civil Remedies Act cases shall be located in accordance with 31 U.S.C. 3803(g)(4).

  (c) Notice of hearing. The ALJ shall issue a notice of hearing to all parties specifying the time and location of the hearing, the matters of fact and law to be heard, the legal authority under which the hearing is to be held, a description of the procedures for the conduct of the hearing, and such other matters as the ALJ determines to be appropriate.

  (d) Limitations for Program Fraud Civil Remedies Act cases. The notice of hearing must be served upon the respondent within 6 years after the date on which the claim or statement is made. If the respondent fails to file a timely response to the Government's complaint, service of a default judgment under 26.39 shall be regarded as a notice of hearing for purposes of this section. The statute of limitations may be waived by agreement of the parties.

  (e) Burden and standard of proof. HUD shall prove the respondent's liability and any aggravating factors by a preponderance of the evidence. Respondent shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

  (f) Public hearings. Unless otherwise ordered by the ALJ for good cause shown, the hearing shall be open to the public.