Scheme Nickname: 
Adjudication in Office of Administrative Law Judge

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.

Types of Adjudication: 
Type A
Type B
Comments/Notes on Adjudication Type(s): 
As noted above, some matters heard by HUD ALJs are expressly governed by APA procedures, while others are conducted per HUD regulations. Formality of proceedings essentially the same for all hearings.
Distinctive Features: 
ALJ hearings on civil rights matters and other do not appear to be formal APA-style hearings (see 24 CFR pt. 130), they nonetheless are conducted using arguably higher procedural formality in that Federal Rules of Civil Procedure "serve as a general guide (absent other specific provisions) and Federal Rule s of Evidence govern hearings. For matters related to nondiscrimination in federally assisted programs arising under Title VI of the Civil Rights Act of 1964 and several other civil rights statutes, no order to suspend, terminate, or refuse to grant financial assistance can take effect until (a) Secretary approves of the action, and (b) 30 days have elapsed after the Secretary files a "full written report" of circumstances and ground for action with "the committees of the House and Senate having legislative jurisdiction" over program or activity at issue. (See 24 CFR 1.8(c), 3.605, 146.39).
Verified by Agency: 
Is this a Major Adjudication: