Hearing Officer Guidelines

1. Hearing Officer Guidelines Procedures for an Effective Hearing

2. Due Process • Due Process is a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly

3. A Fair Hearing Means Individual requesting the appeal has: • An opportunity to be heard • The right to confront witnesses (cross-examination) • The right to representation • An impartial decision-maker • A decision based only on the evidence presented at the hearing • A decision that includes the reasons and evidence relied on

4. Who can be Hearing Officer? • Internal hearing officers • External hearing officers

5. Preparing for the Hearing • Know the relevant HUD regulations (CFRs), case law, and PHA policies for holding hearings and for denials and terminations • Read the hearing packet and note issues for inquiry at the hearing • Avoid any ex parte communications • Make sure your hearing room is ready • Consider safety precautions as necessary. • Arrange appropriate seating and work space • Don’t forget to prepare yourself!

6. Holding the Hearing • Start on time • Introduce everyone in the room • Briefly describe the procedure for the hearing and put the parties at ease. • Describe the parties’ rights • Explain the consequences of disruptive behavior • Describe the issues to be covered • Swear in those who will be testifying • Keep the hearing orderly

7. Holding the Hearing (cont.) • Monitor the time and conduct of the hearing • The party with the burden of proof goes first to present their case • No one interrupts, only one person speaks at a time • Cross-examination is only allowed after a witness completes testimony • Take notes • Ask clarifying questions, as necessary • Do not become an advocate for either party • Limit irrelevant or repetitious evidence or witnesses • Allow parties to sum up their positions and/or rebut evidence

8. Writing the Hearing Decision • Conduct any additional research that’s needed • Consult a subject matter expert (SME) on a regulation or policy if necessary • Think about what you heard and identify the facts based on a preponderance of evidence. Your decision must be based solely and exclusively upon the facts presented at the hearing. • Apply relevant regulations, case law, and PHA policies to the facts • Analyze whether the PHA followed due process • Analyze whether the PHA’s initial decision is supported by a preponderance of evidence.

9. Writing the Hearing Decision (cont.) • The PHA’s initial decision must be in accordance with the law, HUD regulations, and PHA policies. • Follow a regular format for the written decision • Write a clear, reasoned, complete decision. • Identify who was present at the hearing. • State your findings of fact • State your conclusions, identifying the relevant findings of fact (evidence), laws, regulations, and PHA policies supporting the conclusions • Cover all the issues in the PHA notice • Identify any findings or conclusions based on credibility • Use appropriate citations for HUD regulations, PHA policies, lease, etc. • State whether the PHA’s initial decision is upheld, overturned, or sent back for more information • Sign the decision.

10. Thank you! Questions? Todd Kriner, Esquire 717-299-1100 tpk@blakingerthomas.com