Other Fields
Agency Scheme: 
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Hearings and Appeals
Name of Hearing Office (global name): 
Department of Housing and Urban Development: Office of Hearings and Appeals
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Administrative Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

All matters heard by OHA represent HUD administrative enforcement actions initiated when the agency files a notice, complaint, or charge (as appropriate). Most adjudications in this scheme are governed by APA procedural standards under Subpart B of Part 26 of Title 24 of the CFR. However, the Administrative Judges in OHA handle certain non-APA cases, such as salary offset cases, wage garnishments, non-contract debarments and limited denial of participation cases.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
About what percentage of private parties were represented at hearings (FY2013)?: 
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Regulations/rules of practice for hearings (please include CFR citations): 
24 CFR pt. 26, subpts. A and B; 24 CFR pt. 30; 24 CFR pt. 81, subpt. G; 24 CFR pt. 180, subpt. G; 2 CFR pt. 180
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
All Pt. 26 Cases: discovery is available upon agreement of parties or as ordered by the ALJ. Forms of discovery available: requests for productions of documents, written interrogatories, and oral depositions, and requests for admission. Discovery-related motions practice (e.g., motions to compel and for protective order) are also permitted. See 24 CFR 26.42 - 26.44; 26.18; 24 CFR pt. 180, subpt. E. Rules governing civil rights matters also impose a supplementation duty on parties. 24 CFR 180.505. ALJ may order discovery necessary for expeditious, fair and reasonable consideration of issues. // PFCRA cases: The defendant has right to review, upon request to General Counsel, any exculpatory or nonprivileged documents related to the complaint. Apart from that only limited discovery is permitted at the discretion of the ALJ who determines it necessary for the fair consideration of the issues without being unduly costly or unreasonably delaying the proceedings. See 24 CFR 26.42(b).
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
90 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
How is the type of hearing selected: 
By Private Party
Required by Rule
Please describe: 
*APA cases (under 24 CFR pt. 26, subpt. B): In-person hearings located in a place most convenient for witnesses or respondent, or as agreed by parties. In civil penalty actions, respondent must request hearing before ALJ within 15 days of receiving complaint. (24 CFR 30.90). *CDBG Cases: No location specified for in-person hearings. Discretion of ALJ. *FHEFSSA (Fannie Mae/Freddie Mac) cases (24 CFR 81.84): In-person hearings located in Washington, D.C. *Civil Rights-Fair Housing Act Cases (24 CFR 180.600(a)): In-person hearings located in vicinity of alleged discriminatory housing practice. Parties may waive hearing and proceed on written record. Any Party may elect instead to have the matter decided in U.S. District Court. *Civil Rights-Non-Fair Housing Cases: In-person hearings located in Washington, D.C. unless ALJ determines another location needed for convenience of respondent or HUD. Parties may waive hearing and proceed on written record. * Mortgagee Review Board hearings held in Washington DC, within 30 days of request for hearing.
How many hearing officers preside at each hearing?: 
Is witness testimony permitted at hearings?: 
Can parties cross-examine witnesses?: 
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Staff Attorney
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
"The ALJ shall serve the initial decision on all parties within 60 days after either the close of the record or the expiration of time permitted for submission of posthearing briefs, whichever is later. The ALJ may extend the 60-day period for serving the initial decision in writing for good cause." 24 CFR 26.50(b); see also 24 CFR 26.25; 24 CFR 180.670.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
51 Days
Is judicial review available after issuance of a final decision?: 
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
First-In/First-Out Basis
Please briefly describe your case management practice(s) at the hearing level stage: 
Various types of cases differ in complexity, as do individual cases within each type. Extensions of time may be granted for good cause. As a result, all cases progress to conclusion as soon as possible. No cases are given priority for available resources.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
24 CFR 26.49; 24 CFR 180.625; 24 CFR 570.496(d)(8); 24 CFR 570.913(d)(8)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
24 CFR 26.25(b); 24 CFR 26.49; 24 CFR 180.660; 24 CFR 570.496(d)(7); 4 CFR 570.913(d)(7)
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
For cases involving civil rights actions the Secretary may take "own motion" review or modify any part of an ALJ's order without an appeal being necessary. See 24 CFR 180.680. Summary proceedings (e.g., motions to dismiss and summary judgment) are available in matters heard under 26 CFR pt. 26, subpts. A & B. Parties may also request interlocutory review of rulings by ALJs under Part 26. Rules of procedure for hearings on civil rights matters under Part 180 provide for neither summary proceedings nor interlocutory review. In Fair Housing Act cases, a complainant, respondent, or aggrieved party may elect to have claims heard in HUD charge in civil action in federal court in lieu of administrative proceedings. If no such election is made by any party, the matter will be heard in an administrative proceeding. See 24 CFR 103.410, 180.410; 42 USC 3612.
Total # of Hearing Officers: 
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
If "Yes," when is ADR available?: 
Is ADR a mandatory or voluntary process?: 
Varies by Case
If "Varies by Case," please describe:: 
Civil Rights Cases: ALJ may appoint Settlement Judge on own motion or at parties' request. Other Cases Heard by OALJ: Rules of procedure do not expressly provide for ADR, but appointment of a Settlement Judge is an option in all matters. www.hud.gov/oha Age Discrimination Cases: Covered complaints (pre-hearing) that contain all information necessary for further processing "shall be referred" to Federal Mediation and Conciliation Service for mediation period. (24 CFR 146.35).
What type(s) of ADR are available?: 
Settlement Conference
Who conducts the ADR?: 
Third-Party Neutral
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations): 
24 CFR 180.445; 24 CFR 146.35 (pre-hearing mediation of age discrimination complaints)
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
Settlement Judge is appointed only when the hearing judge determines mediation is likely to resolve the issue(s). All judges are certified mediators, and conduct mediation in accord with mediation ethics, including confidentiality. If the mediation is not successful, the settlement judge will have no further participation in the matter.
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Verified by Agency: