Other Fields
Agency Scheme: 
HUDOMANU0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Secretary
Name of Hearing Office (global name): 
Department of Housing and Urban Development: Office of the Secretary
Hearing Officer #1 (Title): 
Presiding Officer
Hearing Officer #2 (Title): 
Secretary
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Under the National Manufactured Housing Construction and Safety Standards Act of 1974 (NMHCSSA), parties may request an opportunity to present views on specified matters. This adjudication scheme provides procedures for governing either formal (adversary) or informal (non-adversary) presentations of views -- as determined by the Secretary -- by interested parties to a HUD presiding official. The Secretary must, when preparing to hold either type of presentation of views, issue a notice in the Federal Register. (Note: Presentation of views conducted by State Administrative Agencies (SAAs) are not covered here, except that parties may appeal an SSA's final determinations from a formal presentations to Secretary. See 24 CFR 3282, Subpart D, Informal and Formal Presentations of Views, Hearings and Investigations

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?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
24 CFR 3283.152
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
Pursuant to 24 CFR 3282.152(c)(4). The notice [of the hearing] shall state whether the proceeding shall be held in accordance with the provisions of paragraph (f)-(Informal Presentation of Views) or paragraph (g)-(Formal Presentation of Views) of this section, except that when the Secretary makes the determinations provided for in sections 623(d) and (f) of the Act, the Requirements of paragraph (g) of this section shall apply. In determining whether the requirements of paragraph (f) or those of paragraph (g) of this section shall apply the Secretary shall consider the following: (i) The necessity for expeditious action; (ii) The risk of injury to affected members of the public; (iii) The economic consequences of the decisions to be rendered; (iv) Such other factors as the Secretary determines are appropriate.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony can be permitted during both the formal presentation of views and the informal presentation of views.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross-examination of witnesses is permitted during a formal presentation of views. (See section 3282.152 (g)). Cross examination of witnesses is not permitted in informal presentations unless "extraordinary circumstances" are present. (See section 3282.152(f))
Can third-parties submit amicus briefs and/or evidence?: 
Yes
No
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
If "Varies by Case," please describe: 
All formal and informal presentation of views "shall" be open to the public unless the Secretary finds that good cause for closure. (24 CFR 3282.152(a))
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
If "Other," please specify (drafts): 
Formal Presentation of Views: The presiding officer's written initial decision is not subject to appeal, but can be reversed or modified by the Secretary. See 24 CFR 3282.152(g). Informal Presentation of Views: The presiding officer refers to the Secretary all documentary evidence, the transcript, and his/her written recommendations; the Secretary subsequently issues a final determination. See 24 CFR 3283.152(f).
Who has authority to issue final decisions?: 
Adjudication Officer
Other
If "Other," please specify: 
Formal Presentation of Views: The presiding officer's written initial decision is not subject to appeal, but can be reversed or modified by the Secretary. See 24 CFR 3282.152(g). Informal Presentation of Views: The presiding officer refers to the Secretary all documentary evidence, the transcript, and his/her written recommendations; the Secretary subsequently issues a final determination. See 24 CFR 3283.152(f).
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): 
*Formal Presentation of Views: Presiding officer required to issue written initial decision within 10 days of the completion of an oral presentation; decision becomes final unless modified or reversed by the Secretary within 30 days. See 24 CFR 3283.152(g)(2). *Informal Presentations of Views: Secretary required to issue final determination within 30 days of receiving findings from the presiding officer. See 24 CFR 3283.152(f)(2).
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Are final decisions published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
24 CFR 3283.152(f)(2), (g)(2) and 24 CFR 3282152(e)
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 3283.152(f)(2), (g)(2)
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
No information on the presiding officer is set forth in the regulations except to note that he/she is appointed by the Secretary to hear any Informal Presentation of Views involving oral testimony.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Verified