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quirements have been satisfied, the Secretary shall restore such eligibility.

(3) If the Secretary denies any request under paragraph (f)(2) of this section, the applicant or recipient may submit a written request for a hearing specifying why the denial of the request is in error. The applicant or recipient shall thereupon be given an expeditious hearing, with a decision on the record, in accordance with subpart E. The applicant or recipient will be restored to such eligibility if it proves at such a hearing that it satisfied the requirements of paragraph (f)(1) of this section. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (e) of this section shall remain in effect.

(g) Judicial review. A final decision rendered under this section constitutes final action under section 704 of the Administrative Procedure Act (5 U.S.C. 704) and, to the extent it is not barred by other provisions of law, such a final decision is subject to judicial review under section 706 of the Administrative Procedure Act (5 U.S.C. 706).

(h) Forms and instruction. The responsible civil rights official shall assure that forms and detailed instructions and procedures for effectuating this part are issued and promptly made available to interested persons.

(i) Supervision and coordination. The Secretary may periodically assign to officials of the Department, or to officials of other departments or agencies of the Government with the consent of the department or agency, responsibilities under this part (other than responsibility for final decision as provided in § 8.59). Such responsibilities may include the achievement of effective coordination and maximum uniformity within the Department and within the Executive Branch of the Government in the application of this part to similar programs or activities and in similar situations. Any action taken, determination made, or requirement imposed by an official of another department agency acting under an assignment of responsibility under this paragraph shall have the same effect as if the action has been taken by the responsi

or

ble civil rights official of this Department.

Subpart E-Practice and Procedure for Hearings

§ 8.60 General information.

(a) Scope of rules. The rules of procedure in this subpart supplement subpart D and govern the practice for hearings, decisions, and administrative review conducted by HUD, including each of its organizational units, under this part.

(b) Records to be public. All pleadings, correspondence, exhibits, transcripts of testimony, exceptions, briefs, decisions, and other documents filed in the docket in any proceeding may be inspected and copied in the office of the Civil Rights docket clerk during regular business hours. Inquiries may be addressed to the Civil Rights docket clerk, Department of Housing and Urban Development, Washington, DC 20410.

(c) Use of number. As used in this subpart, words importing the singular number may extend and be applied to several persons or things, and vice

versa.

(d) Suspension of rules. The administrative law judge with respect to pending matters may modify or waive any rule in this subpart upon a determination that no party will be unduly prejudiced and the ends of justice will be served, and upon notice to all parties. § 8.61 Appearance and practice.

(a) Appearance. A party may appear in person or by counsel and participate fully in any proceeding. A State agency or any instrumentality thereof, a political subdivision of the State or instrumentality thereof, or a corporation may appear by any of its officers or employees duly authorized to appear on its behalf. Counsel must be members in good standing of the bar of any State, Territory, or possession of the United States or of the District of Columbia or the Commonwealth of Puerto Rico.

(b) Authority for representation. Any individual acting in a representative capacity in any proceeding may be re

quired to show authority to act in the capacity.

(c) Exclusion from hearing for mis|_ conduct. Disrespectful, disorderly, or contumacious language or contemptuous conduct, refusal to comply with directions, or continued use of dilatory tactics by any person at any hearing before an administrative law judge shall constitute grounds for immediate exclusion of the person from the hearing by the administrative law judge.

§ 8.62 Parties.

(a) Parties; General Counsel a party. (1) The term party shall include an applicant or recipient, or other person who has been served with a notice of hearing or opportuntiy for hearing naming him or her as respondent.

(2) The General Counsel of HUD shall be a party to all proceedings.

(b) Amici curiae. (1) Any interested person or organization may file a petition to participate in a proceeding as an amicus curiae. The petition shall be filed before the prehearing conference or, if none is held, before the commencement of the hearing, unless the petitioner shows good cause for filing the petition later. The administrative law judge may grant the petition if he or she finds that the petitioner has a legitimate interest in the proceedings, and that the participation will not unduly delay the outcome and may contribute materially to the proper disposition of the proceeding. An amicus curiae is not a party and may not introduce evidence at a hearing.

(2) An amicus curiae may submit a statement of position to the administrative law judge before the hearing, and shall serve a copy on each party. The amicus curiae may submit a brief on each occasion that a decision is to be made or a prior decision is subject to review. The briefs shall be filed and served on each party within the time limits applicable to the party that the amicus curiae supports; or if the amicus curiae does not support the position of any party, within the longest time limit applicable to any party at that particular stage of the proceedings.

(c) Complainants not parties. A person filing a complaint under 8.56(c) of this part is not a party to

the proceedings under this subpart, but may petition, after proceedings are initiated, to become an amicus curiae. In any event a complainant shall be advised of the time and place of the hearing.

§ 8.63 Form, execution, service and filing of documents.

(a) Form of documents to be filed. Documents to be filed under the rules of this subpart shall be dated, the original signed in ink, shall show the docket description and title of the proceeding and the title, if any, and address of the signatory. Copies need not be signed, but the name of the person signing the original shall be reproduced. Documents shall be legible and shall not be more than 81⁄2 inches wide and 12 inches long.

(b) Signature of documents. The signature of a party, authorized officer, employee or attorney constitutes a certificate that he or she has read the document, that to the best of his or her knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay. If a document is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false and the proceeding may proceed as though the document had not been filed. Similar action may be taken if scandalous or indecent matter is inserted.

(c) Filing and service. All notices by the administrative law judge, and all written motions, requests, petitions, memoranda, pleadings, exceptions, briefs, decisions, and correspondence to the administrative law judge from a party, or vice versa, relating to a proceeding after its commencement shall be filed and served on all parties. Parties shall supply the original and two copies of documents submitted for filing. Filings shall be made with the Civil Rights docket clerk at the address stated in the notice of hearing or notice of opportunity for hearing, during regular business hours. Regular business hours are every Monday through Friday (legal holidays in the District of Columbia excepted) from 8:45 am to 5:15 p.m, e.s.t. or d.s.t., whichever is effective in the District

of Columbia at the time. Originals only of exhibits and transcripts of testimony need be filed. For require ments of service on amici curiae, see § 8.69(f).

(d) Service-how made. Service shall be made by personal delivery of one copy to each person to be served or by registered or certified mail, return receipt requested, properly addressed with postage prepaid. When a party or amicus has appeared by attorney or other representative, service upon such attorney or representative will be deemed service upon the party or amicus. Documents served by mail preferably should be mailed in sufficient time to reach the addressee by the date on which the original is due to be filed.

(e) Date of service. The date of service shall be the day when the matter is deposited in the U.S. mail or is delivered in person, except that the date of service of the initial notice of hearing or opportunity for hearing shall be the date of its delivery, or of its attempted delivery if refused.

(f) Certificate of service. The original of every document filed and required to be served upon parties to a proceeding shall be endorsed with a certificate of service signed by the party making service or by his or her attorney or representative. The certificate of service shall state that service has been made, the date of service, and the manner of service, whether by mail or personal delivery.

§ 8.64 Time.

(a) Computation. In computing any period of time under this subpart or orders issued under this subpart, the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed in the District of Columbia, in which event it includes the next following business day. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation.

(b) Extension of time or postponement. Requests for extension of time shall be served on all parties and set forth the reasons for the request. Re

quests may be granted upon a showing of good cause by the applicant. From the designation of an administrative law judge until the issuance of his or her decision, such requests should be addressed to him or her. Answers to such requests are permitted if made promptly.

(c) Reduction of time to file documents. For good cause, the administrative law judge with respect to pending matters may reduce any time limit prescribed under this subpart, except as provided by law or other provisions in this part.

§ 8.65 Proceedings prior to hearing.

(a) Notice of hearing or opportunity for hearing. Proceedings are commenced by mailing a notice of hearing or opportunity for hearing to an affected applicant or recipient under this part.

(b) Answer to notice. The respondent, applicant, or recipient may file an answer to the notice within 20 days after service. Answers shall admit or deny specifically and in detail each allegation of the notice, unless the responding party is without knowledge, in which case the answer should so state, and the statement will be deemed a denial. Allegations of fact in the notice that are not denied or controverted by answer shall be deemed admitted. Matters alleged as affirmative defenses shall be separately stated and numbered. Failure of the respondent to file an answer within the 20-day period following service of the notice may be deemed an admission of all matters of fact recited in the notice.

(c) Amendment of notice or answer. The General Counsel may amend the notice of hearing or opportunity for hearing once before an answer is served. Each respondent may amend his or her answer once not later than 10 days before the date fixed for hearing but in no event later than 20 days from the date of service of his or her original answer. Otherwise a notice or answer may be amended only by leave of the administrative law judge. A respondent shall file an answer to an amended notice within the time remaining for filing the answer to the original notice or within 10 days after

service of the amended notice, whichever period is longer, unless the administrative law judge otherwise orders.

(d) Request for hearing. Within 20 days after service of a notice of opportunity for hearing that does not fix a date for hearing, the respondent, either in the answer or in a separate document, may request a hearing. Failure of the respondent to request a hearing shall be deemed a waiver of all right to a hearing and to constitute consent to the making of a decision on the basis of such information as is available.

(e) Consolidation. The administrative law judge may provide for proceedings in the Department to be joined or consolidated for hearing with proceedings in other Federal departments or agencies, by agreement with such other departments or agencies. All parties to any proceeding consolidated subsequently to service of the notice of hearing or opportunity for hearing shall be promptly served with notice of such consolidation.

(f) Motions. Motions and petitions shall state the relief sought, the authority relied upon, and the facts alleged. If made before or after the hearing, these matters shall be in writing. If made at the hearing, they may be stated orally; but the administrative law judge may require that they be reduced to writing and filed and served on all parties in the same manner as a formal motion. Motions, answers, and replies shall be addressed to the administrative law judge. A repetitious motion will not be entertained.

(g) Responses to motions and petitions. Within 8 days after a written motion or petition is served, or such other period as the administrative law judge may fix, any party may file a response. An immediate oral response may be made to an oral motion.

(h) Disposition of motions and petitions. The administrative law judge may not sustain or grant a written motion or petition before expiration of the time for filing responses, but may overrule or deny such motion or petition without awaiting responses: Provided, however, that prehearing conferences, hearings, and decisions need

not be delayed pending disposition of motions or petitions. Oral motions and petitions may be ruled on immediately. Motions and petitions submitted to the administrative law judge, and not disposed of in separate rulings or in their respective decisions, will be deemed denied. Oral argument shall not be held on written motions or petitions unless the administrative law judge in his or her discretion expressly so orders.

§ 8.66 Responsibilities and duties of administrative law judge.

(a) Responsibility to preside. An administrative law judge shall preside over all proceedings held under this subpart.

(b) Designation of administrative law judge. The designation of an administrative law judge shall be in writing, shall specify whether the administrative law judge is to make an initial decision or to certify the entire record, including his or her recommended findings and proposed decision, to the Secretary, and may fix the time and place of hearing. A copy of such designation shall be served on all parties. After service of the designation of an administrative law judge, and until the administrative law judge makes the decision, motions and petitions shall be submitted to him or her. In the case of the death, illness, disqualification, or unavailability of the designated administrative law judge, another administrative law judge may be designated to take his or her place.

(c) Authority of administrative law judge. The administrative law judge shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, and to maintain order. He or she shall have all powers necessary to these ends, including (but not limited to) the power to:

(1) Arrange and issue notice of the date, time and place of hearings or, upon due notice to the parties, change the date, time and place of hearings previously set.

(2) Hold conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding.

(3) Require parties and amici curiae to state their position with respect to the various issues in the proceeding.

(4) Administer oaths and affirmations.

(5) Rule on motions and other procedural items on matters pending before him or her.

(6) Regulate the course of the hearing and the conduct of counsel therein.

(7) Examine witnesses and direct witnesses to testify.

(8) Receive, rule on, exclude, or limit evidence.

(9) Fix the time for filing motions, petitions, briefs, or other items in matters pending before him or her.

(10) Issue initial or recommended decisions.

(11) Take any action authorized by the rules in this subpart or in conformance with the provisions of 5 U.S.C. 551-559 (the Administrative Procedure Act).

§ 8.67 Hearing procedures.

(a) Statements of positions and trial briefs. The administrative law judge may require parties and amici curiae to file written statements of position before a hearing, to submit trial briefs, and to participate in conferences to settle, simplify, or fix the issues in a proceeding.

(b) Evidentiary purpose. (1) The administrative law judge is directed to receiving factual evidence and expert opinion testimony related to the issues in the proceeding. Argument will not be received in evidence; rather it should be presented in statements, memoranda, or briefs, as determined by the administrative law judge. Brief opening statements, which shall be limited to statement of the party's position and what he or she intends to prove, may be made at hearings.

(2) Hearings for the receipt of evidence will be held only in cases where issues of fact must be resolved in order to determine whether the respondent has failed to comply with one or more applicable requirements of this part. Where the respondent's answer to the notice of hearing or opportunity for hearing, his or her failure timely to answer, or from his or her admissions or stipulations in the record, indicate

that there are no matters of material fact in dispute, the administrative law judge may enter an order so finding, vacating any hearing date and fixing the time for filing briefs under § 8.69(a). Thereafter the proceedings shall go to conclusion in accordance with § 8.69 of this part. The administrative law judge may allow an appeal in accordance with paragraph (p) of this section.

(c) Testimony. Testimony shall be given orally under oath or affirmation by witnesses at the hearing. The administrative law judge, in his or her discretion, may require or permit that the direct testimony of any witness be prepared in writing and served on all parties in advance of the hearing. Such testimony may be adopted by the witness at the hearing and filed as part of the record. Unless authorized by the administrative law judge, witnesses will not be permitted to read prepared testimony into the record. Except as provided in paragraphs (e) and (f) of this section, witnesses shall be available at the hearing for crossexamination.

(d) Exhibits. Proposed exhibits shall be exchanged at the pre-hearing conference, or otherwise before the hearing if the administrative law judge so requires. Proposed exhibits not exchanged may be denied admission as evidence. The authenticity of all proposed exhibits exchanged before hearing will be deemed admitted unless written objection is filed before the hearing, or unless good cause is shown at the hearing for failure to file such written objection.

(e) Affidavits. An affidavit is not inadmissible as such. Unless the administrative law judge fixes other time periods, affidavits shall be filed and served on the parties not later than 15 days before the hearing. Not less than seven days before the hearing, a party may file and serve written objection to any affidavit on the ground that it is necessary to test the truth of assertions therein at hearing. In this event the assertions objected to will not be received in evidence unless the affiant is made available for cross-examination, or the administrative law judge determines that cross-examination is not necessary for the full and true dis

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