24 C.F.R. § 26.25

Hearing officer's determination and order

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(a) Scope of review. The hearing officer shall conduct a de novo review of the administrative action to determine whether it is supported by a preponderance of the evidence, unless a different standard of proof is required by law or regulation. Each and every charge alleged by the Department need not be proven to support the administrative action. The hearing officer may modify or vacate the administrative action under review only upon a particularized finding of facts that justifies a deviation from the administrative action.

(b) Closing of hearing. At the discretion of the hearing officer, the closing of the record may be postponed in order to permit the admission of other evidence into the record. In the event further evidence is admitted, each party shall be given an opportunity to respond to such evidence.

(c) Briefs. Upon conclusion of the hearing, the hearing officer may request the parties to file proposed findings of fact and legal briefs. The hearing officer shall make a written determination and order based upon evidence and arguments presented by the parties. The determination shall be founded upon reliable and probative evidence. This determination and order shall be served upon all parties.

(d) Bench decisions. Where the parties agree and where appropriate in the judgment of the hearing officer, a bench decision will be issued.

(e) Time period for issuance of decision. The hearing officer shall endeavor to issue a determination within 60 days from the date of the closing of the record.

(f) Finality of determination. The determination and order shall be final unless a party timely appeals the determination in accordance with § 26.26. The determination shall inform the parties that, if provided for and consistent with Departmental regulations, any party may request, in writing, Secretarial review of the determination within 30 days after the hearing officer issues the determination, in accordance with § 26.26 of this part. The determination shall include the mailing address, facsimile number, and electronic submission information to which the request for Secretarial review should be sent. A request for Secretarial review may be made by mail, delivery, facsimile, or electronic submission.

Notes of Decisions

Cited in 3 cases, 1990–1998 · leading case: Wagner v. United States, Dep't of Hous. & Urban Dev., 835 F. Supp. 953 (E.D. Ky. 1993).

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Wagner v. United States, Dep't of Hous. & Urban Dev., 835 F. Supp. 953 (E.D. Ky. 1993). “Subsequently, the plaintiff timely filed a petition for review with the Secretary of HUD pursuant to 24 C.F.R. § 26.25 . A party desiring review of the Secretary’s decision finds recourse in 5 U.”

Estabrook v. United States, 41 Fed. Cl. 283 (Fed. Cl. 1998). “Pursuant to 24 C.F.R. § 26.25 (a), DRG requested the Secretary of HUD to review the ALJ’s decision.”

Sellers v. Kemp, 749 F. Supp. 1001 (W.D. Mo. 1990). “Both Sellers and HUD appealed the AU’s decision to the Secretary of HUD, pursuant to 24 C.F.R. § 26.25 . Defendant *1006 Dudley, as the Secretary’s designee, heard the matter and issued her determination on October 31, 1989.”

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