This scheme covers all formal hearings that HUD is required to conduct pursuant to the Administrative Procedure Act (see 24 CFR 26.28), as well as certain other case types that are not necessarily governed by the APA but still use ALJs as presiding officers by regulation (such as salary offsets). Formal hearings include matters such as: enforcement of nondiscrimination provisions in Fair Housing Act and other civil rights statutes; civil monetary penalties available under a variety of HUD-administered programs; Indian Housing cases; and Program Fraud Civil Remedies Act cases.
All matters are enforcement actions in that administrative proceedings begin with filing of complaint (or notice) by HUD identifying alleged violation and proposed remedy or sanction. There are three different sets of procedures that guide cases through the Office of Administrative Law Judges (see 24 CFR pts. 26 (subparts A & B), 30, and 180). These three sets of procedures cover: APA-style hearings: civil monetary penalties for certain prohibited conduct; and civil rights matters. Only one expressly invokes the APA (24 CFR pt. 26, subpt. B). However, all three types of proceedings have a high degree of procedural formality and have only minor procedural differences.
|Level||Name of Office||Are administrative appeals permitted from final decisions at this stage?|
Yes (All Types of Cases)
Appeal Level 1