§ 1.9 Hearings. (a) Opportunity for hearing. Whenever an opportunity for a hearing is required by § 1.8(c), reasonable notice shall be given by registered or certified mail, return receipt requested, to the affected applicant or recipient. This notice shall advise the applicant or recipient of the action proposed to be taken, the specific provision under which the proposed action against it is to be taken, and the matters of fact or law asserted as the basis for this action, and either: (1) Fix a date not less than 20 days after the date of such notice within which the applicant or recipient may request of the responsible Department official that the matter be scheduled for hearing, or (2) advise the applicant or recipient that the matter in question has been set down for hearing at a stated time and place. The time and place so fixed shall be reasonable and shall be subject to change for cause. The complainant, if any, shall be advised of the time and place of the hearing. An applicant or recipient may waive a hearing and submit written information and argument for the record. The failure of an applicant or recipient to request a hearing under this paragraph (a) or to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to a hearing under section 602 of the Act and § 1.8(c) and consent to the making of a decision on the basis of such information as is available. (b) Time and place of hearing. Hearings shall be held at the offices of the Department in Washington, DC, at a time fixed by the responsible Department official unless he determines that the convenience of the applicant or recipient or of the Department requires that another place be selected. Hearings shall be held before the responsible Department official or, at his discretion, before a hearing examiner designated in accordance with sections 3105 and 3344 of title 5 U.S.C. (c) Right to counsel. In all proceedings under this section, the applicant or recipient and the Department shall have the right to be represented by counsel. (d) Procedures, evidence, and record. (1) The hearing, decision, and any ad ministrative review thereof shall be conducted in conformity with 5 U.S.C. 554-557 and in accordance with the Practice and Procedure for Hearings issued by the Department and published in part 2 of this title relating to the conduct of the hearing, giving of notices subsequent to those provided for in paragraph (a) of this section, taking of testimony, exhibits, arguments and briefs, requests for findings, and other related matters. Both the Department and the applicant or recipient shall be entitled to introduce all relevant evidence on the issues as stated in the notice for hearing or as determined by the officer conducting the hearing at the outset of or during the hearing. (2) Technical rules of evidence shall not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the Department and the applicant or recipient, and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made. (e) Consolidated or joint hearings. In cases in which the same or related facts are asserted to constitute noncompliance with this part with respect to two or more programs or activities to which this part applies, or noncompliance with this part and the regulations of one or more other Federal departments or agencies issued under title VI of the Act, the Secretary may, by agreement with such other departments or agencies, where applicable, provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules of procedure not inconsistent with this part. Final decisions in such cases insofar as this part is concerned, shall be made in accordance with § 1.10. §1.10 Decisions and notices. (a) Decision by person other than the responsible Department official. If the hearing is held by a hearing examiner, such hearing examiner shall either make an initial decision, if so authorized, or certify the entire record including his recommended findings and proposed decision to the responsible Department official for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient by certified or registered mail, return receipt requested. Where the initial decision is made by the hearing examiner, the applicant or recipient may, within the period provided for in the Rules of Practice and Procedure for Hearings issued the Department (part 2 of this subtitle), file with the responsible Department official his exceptions to the initial decision, with his reasons therefor. In the absence of exceptions, the responsible Department official may on his own motion within 45 days after the initial decision serve on the applicant or recipient a notice that he will review the decision. Upon the filing of such exceptions or of such notice of review the responsible Department official shall review the initial decision and issue his own decision thereon including the reasons therefor. In the absence of either exceptions or a notice of review the initial decision shall constitute the final decision of the responsible Department official, in which event a copy shall also be sent to the complainant. (b) Decisions on record or review by the responsible Department official. Whenever a record is certified to the responsible Department official for decision or he reviews the decision of a hearing examiner pursuant to paragraph (a) of this section, or whenever the responsible Department official conducts the hearing, the applicant or recipient shall be given reasonable opportunity to file with him briefs or other written statements of its contentions, and a copy of the final decision of the responsible Department official shall be given in writing to the appli cant or recipient, and to the complainant, if any, by certified or registered mail, return receipt requested. (c) Decisions on record where a hearing is waived. Whenever a hearing is waived pursuant to § 1.9(a) a decision a hearing examiner or responsible Department official on the record and a copy of such decision shall be given in writing to the applicant or recipient, and to the complainant, if any, by certified or registered mail, return receipt requested. (d) Rulings required. Each decision of a hearing examiner or responsible Department official shall set forth his ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part 1 with which it is found that the applicant or recipient has failed to comply. (e) Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue, Federal financial assistance, in whole or in part, to the program or activity involved and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and this part 1, including provisions designed to assure that no Federal financial assistance will thereafter be extended for such program or activity to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part 1, or to have otherwise failed to comply with this part 1, unless and until it corrects its noncompliance and satisfies the responsible Department official that it will fully comply with this part 1. (f) Posttermination proceedings. (1) An applicant or recipient adversely affected by an order issued under paragraph (e) of this section shall be restored to full eligibility to receive Federal financial assistance if it satisfies the terms and conditions of that order for such eligibility or if it brings itself into compliance with this part 1 and provides reasonable assurance that it will fully comply with this part 1. (2) Any applicant or recipient adversely affected by an order entered pursuant to paragraph (e) of this section may at any time request the re sponsible Department official to restore fully its eligibility to receive Federal financial assistance. Any such request shall be supported by information showing that the applicant or recipient has met the requirements of paragraph (f)(1) of this section. If the responsible Department official determines that those requirements have been satisfied, he shall restore such eligibility. (3) If the responsible Department official denies any such request, the applicant or recipient may submit a request for a hearing in writing, specifying why it believes such official to have been in error. It shall thereupon be given an expeditious hearing, with a decision on the record, in accordance with the Practice and Procedure for Hearings issued by the Department (part 2 of this title). 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. § 1.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. § 1.12 Effect on other regulations; forms and instructions. (a) Effect on other regulations. All regulations, orders, or like directions heretofore issued by any officer of the Department which impose requirements designed to prohibit any discrimination against persons on the ground of race, color, or national origin under any program or activity to which this part applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant or recipient for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to January 3, 1965. Nothing in this part, however, shall be deemed to supersede any of the following (including future amendments thereof): (1) Executive Orders 11246 and 11375 and regulations issued thereunder, or (2) Executive Order 11063 and regulations issued thereunder, or any other order, regulations or instructions, insofar as such order, regulations, or instructions, prohibit discrimination on the ground of race, color, or national origin in any program or activity or situation to which this part is inapplicable, or prohibit discrimination on any other ground. (b) Forms and instructions. The responsible Department official shall assure that forms and detailed instructions and procedures for effectuating this part are issued and promptly made available to interested persons. (c) Supervision and coordination. The Secretary may from time to time assign to officials of the Department, or to officials of other departments or agencies of the Government with the consent of such department or agency, responsibilities in connection with the effectuation of the purposes of title VI of the Act and this part (other than responsibility for final decision as provided in § 1.10), including the achievement of effective coordination and maximum uniformity within the Department and within the Executive Branch of the Government in the application of title VI and 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 or agency acting pursuant to an assignment of responsibility under this paragraph shall have the same effect as though such action had been taken by the responsible official of this Department. APPENDIX A TO PART 1 APPLIES 1. Advance Acquisition of Land. Sec. 704, Housing and Urban Development Act of 2. Advice and Assistance with respect to Housing for Low and Moderate Income 3. Alaska Housing Assistance. Sec. 1004, 4. College Housing Program. Title IV, Program. Atomic Energy Community Act of 1955, secs. 11-13, 21, 31-36, 41-43, 51-57, 61-66, 101-103, 111-119, 42 U.S.C. 2301; E.O. 11105, 6. Comprehensive Planning Assistance and Comprehensive Planning Research and Demonstration Programs. Sec. 701, Housing 7. Counselling Service to Mortgagors and Prospective Mortgagors. Sec. 237(e), Nation- al Housing Act, 12 U.S.C. 1715z-2. 8. Federal-State Training and City Plan- ning and Urban Studies Fellowship Pro- grams. Title VIII, Housing Act of 1964, 20 9. Grants for Housing Management Train- ing. Sec. 803, Housing Act of 1964, 83 Stat. 393 (1969), 84 Stat. 1809 (1970), 20 U.S.C. 10. Home Ownership for Lower Income Families. Sec. 235, National Housing Act, 12 11. Housing for Elderly or Handicapped. Sec. 202, Housing Act of 1959, 12 U.S.C. 12. Loan and Grant Assistance for Plan- ning Housing Projects in Appalachia, sec. 207, Appalachian Regional Development Act of 1965, as amended, 81 Stat. 257, 40 13. Low-Income Housing Demonstration Grant Program. Sec. 207, Housing Act of 14. Low-Rent Public Housing Program (in- cluding housing in private accommoda- tions). United States Housing Act of 1937, 15. Model Cities Program. Title I, Demon- stration Cities and Metropolitan Develop- ment Act of 1966, 42 U.S.C. 3301. 16. National Flood Insurance Program. 17. Neighborhood Facilities Grants. Sec 703, Housing and Urban Development Act 18. New Communities. Title IV, Housing and Urban Development Act of 1968, 42 19. Loans and Grants for New Community Development Programs. Secs. 710 to 729, Housing and Urban Development Act of 20. New Technologies in the Development of Housing for Lower Income Families. Sec. 108, Housing and Urban Development Act 21. Open-Space Land Programs. Title VII, Housing Act of 1961, 42 U.S.C. 1500. Note. 22. Public Facilities Liquidating Programs. See, generally, title II of Independent Of- fices Appropriation Act of 1955, Pub. L. 83- 23. Public Facility Loans Program. Title II, Housing Amendments of 1955, 42 U.S.C. 1491-1497 except 1492(a)(2) Assistance for Mass Transportation Facilities and Equip- ment (transferred to Secretary of Transpor- tation by Reorganization Plan No. 2 of 1968, 24. Public Works Acceleration Act Pro- gram. Public Works Acceleration Act, 42 25. Public Works Planning Advances. Sec. 702, Housing Act of 1954, 40 U.S.C. 462. 26. Rehabilitation Loan Program. Sec. 312, Housing Act of 1964, 42 U.S.C. 1452b. 27. Rent Supplement Program. Sec. 101, Housing and Urban Development Act of 28. Rental and Cooperative Housing for Lower Income Families. Sec. 236, National Housing Act, 12 U.S.C. 1715z-1. 29. Research and Technology. Title V, Housing and Urban Development Act of 1970, 12 U.S.C. 1701z-1-1701z-4. 30. Sale of Surplus Federal Land for Hous- ing. Sec. 414, Housing and Urban Develop- ment Act of 1969, 40 U.S.C. 484b. 31. Special Assistance Functions. Sec. 305, National Housing Act. 12 U.S.C. 1720, in- 32. Technical Assistance to Contractors or Subcontractors. Sec. 911(b), Housing and Urban Development Act of 1970, 15 U.S.C. 33. Urban Information and Technical As- sistance Services. Title IX, Demonstration Cities and Metropolitan Development Act of 34. Urban Mass Transportation Programs (Research, Development and Demonstration nization Plan No. 2 of 1968, 33 FR 6965; 49 35. Urban Renewal Demonstration Grant 36. Urban Renewal Program (Urban Re- 37. Urban Research and Technology. Title III, Housing Act of 1948, 12 U.S.C. 1701e. 1701f; sec. 602, Housing Act of 1956, 12 38. Water and Sewer Facilities Grants. |