Other Fields
Agency Scheme: 
HUDOHALJ0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of the Secretary
Appeal Office (global name): 
Department of Housing and Urban Development: Office of the Secretary
Appeal Officer #1 (Title): 
Secretary
Appeal Officer #2 (Title): 
Secretarial Designee (exercises authority in lieu of Secretary)
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
In most cases, the appeal is decided by the Secretarial Designee, usually the Chief of Staff.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
About what percentage of private parties were represented at hearings (FY2013)?: 
88.00%
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
24 CFR 26.26, 26.52, 26 CFR 81.84, 180.675
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
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?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Staff Attorney
If "Other/Varies by Case," please describe: 
a staff attorney assigned to the Office of Ethics and Appeals, prepares a draft decision for approval of the Secretarial Designee.
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): 
Regulations governing issuance of Secretary (or Designee) issuance of written decision vary depending on the type of appeal. Generally, rules specify issuance of decision within 30 days of receipt of request for review. Some types of appeals also permit extensions on showing of good cause. See 24 CFR 26.26(m), 26.52(l). Other case types do not prescribe any timeframe for issuance of Secretary's appeal decision. See 24 CFR 81.84(k)(2).
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?: 
30 Days
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (Some Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
Cases involving Fair Housing (civil rights), civil penalties, program fraud civil remedies, and Indian housing hearings all have a right to Judicial Review while others involving suspension and debarment as well as salary offset cases do not have a right to Judicial Review.
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?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Establishes or changes policy or precedent.
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
24 CFR 24 CFR 26.26(i), 26.52(i)
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
See 24 CFR 26.26(i)-(j), 24 CFR 26.52(i)
ADJUDICATORS
Total # of Appeal Officers: 
1
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: 
The Secretary (or Designee) must act upon the appeal within time established by regulation. Failure to to do so makes the initial decision the final agency decision. The Secretarial decision may affirm the initial decision, modify it, or substitute a new decision, or remand the matter for further action by the hearing official.
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