Other Fields
Agency Scheme: 
HUDMULTI0007
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of Affordable Housing Preservation
Appeal Office (global name): 
Department of Housing and Urban Development: Office of Affordable Housing Preservation
Sub-Agency/Bureau/Division:: 
Federal Housing Administration/Office of Multifamily Housing Programs
Appeal Officer #1 (Title): 
Bonds and Appeals Manager
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
"An owner may submit a written appeal to HUD, within 10 days of receipt of written notice of the decision described in § 401.650, contesting the decision and requesting a conference with HUD. At the conference, the owner may submit (in person, in writing, or through a representative) its reasons for appealing the decision. The HUD or PAE official who issued the decision under appeal may participate in the conference and submit (in person, in writing, or through a representative) the basis for the decision." See 24 CFR 401.651(a).
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Private Party
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
About what percentage of private parties were represented at hearings (FY2013)?: 
0.00%
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Are ex parte contacts prohibited?: 
No
Regulations/rules of practice for appeal hearings (please include CFR citations): 
24 CFR pt/ 401, subpt. F (24 CFR 401.650-401.652)
Other published guidance for appeal hearings (if any): 
M2M Operating Procedures Guide - Section 6-9E
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Phone
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Phone: 
100%
How is the type of hearing selected for appeals heard by this office?: 
Required by Rule
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
Are appeal hearings recorded and/or transcribed?: 
No
Are appeal hearings open to the public?: 
No (Hearings Always Closed/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
"Within 20 days after the conference, or 20 days after any agreed-upon extension of time for submission of additional materials by or on behalf of the owner, HUD will review the evidence presented for the administrative appeal and, using the standard of whether the determination of the final decision was reasonable, will advise the owner in writing of the decision to terminate, modify, or affirm the original decision." 24 CFR 401.651(b).
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?: 
45 Days
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
No
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
First-In/First-Out Basis
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
Appears to be fine - no issues/objections raised as to process. Agency noted that it takes on average 20-45 days to adjudicate appeals (page 5).
ADJUDICATORS
Total # of Appeal Officers: 
1
Comments/Notes on Appellate Adjudicators (Optional): 
The regulations provide that HUD should designate an official to hear the appeal, conduct the conference, and issue the written decision. This official cannot have been directly involved in or report to someone directly involved in the initial decision. See 24 CFR 401.651(c). Per a conversation with HUD Attorney Mark Abraham the official who normally hears these appeals is the Bonds and Appeals Manager in the Office of Affordable Housing Preservation (pursuant to published delegations 77 FR 37247 (June 20, 2012)).
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
3
Total # Cases Decided/Closed (FY2013): 
3
Total # Cases Pending (End of FY2013): 
0
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
No
Are there distinctive or innovative features of the appellate-level adjudication program covered on this form that you wish to: 
No
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g: 
No
Do you have any suggestions or comments about this federal administrative adjudication study?: 
No
Verified by Agency: 
Verified