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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.
ment 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 applicant 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.
8 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 quested. 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 Depart
(e) Content of orders. The final deci- recipient will be restored to such eligision may provide for suspension or ter- bility if it proves at such a hearing mination of, or refusal to grant or con- that it satisfied the requirements of tinue, Federal financial assistance, in paragraph (f)(1) of this section. While whole or in part, to the program or ac- proceedings under this paragraph are tivity involved and may contain such pending, the sanctions imposed by the terms, conditions, and other provisions order issued under paragraph (e) of this as are consistent with and will effec- section shall remain in effect. tuate the purposes of the Act and this part 1, including provisions designed to
8 1.11 Judicial review. assure that no Federal financial assist- Action taken pursuant to section 602 ance will thereafter be extended for of the Act is subject to judicial review such program or activity to the appli- as provided in section 603 of the Act. cant or recipient determined by such decision to be in default in its perform- $ 1.12 Effect other regulations; ance of an assurance given by it pursu
forms and instructions. ant to this part 1, or to have otherwise (a) Effect on other regulations. All regfailed to comply with this part 1, un- ulations, orders, or like directions less and until it corrects its noncompli- heretofore issued by any officer of the ance and satisfies the responsible De- Department which impose requirepartment official that it will fully ments designed to prohibit any discomply with this part 1.
crimination against persons
on the (f) Posttermination proceedings. (1) An ground of race, color, or national oriapplicant or recipient adversely af- gin under any program or activity to fected by an order issued under para- which this part applies, and which augraph (e) of this section shall be re- thorize the suspension or termination stored to full eligibility to receive Fed- of or refusal to grant or to continue eral financial assistance if it satisfies Federal financial assistance to any ap the terms and conditions of that order plicant or recipient for failure to comfor such eligibility or if it brings itself ply with such requirements, are hereby into compliance with this part 1 and superseded to the extent that such disprovides reasonable assurance that it crimination is prohibited by this part, will fully comply with this part 1.
except that nothing in this part shall (2) Any applicant or recipient ad- be deemed to relieve any person of any versely affected by an order entered obligation assumed or imposed under pursuant to paragraph (e) of this sec- any such superseded regulation, order, tion may at any time request the re- instruction, or like direction prior to sponsible Department official to re- January 3, 1965. Nothing in this part, store fully its eligibility to receive however, shall be deemed to supersede Federal financial assistance. Any such any of the following (including future request shall be supported by informa- amendments thereof): tion showing that the applicant or re- (1) Executive Orders 11246 and 11375 cipient has met the requirements of and regulations issued thereunder, or paragraph (f)(1) of this section. If the (2) Executive Order 11063 and regularesponsible Department official deter- tions issued thereunder, or any other mines that those requirements have order, regulations or instructions, insobeen satisfied, he shall restore such eli- far as such order, regulations, or ingibility.
structions, prohibit discrimination on (3) If the responsible Department of- the ground of race, color, or national ficial denies any such request, the ap- origin in any program or activity or plicant or recipient may submit a re- situation to which this part is inap quest for a hearing in writing, specify- plicable, or prohibit discrimination on ing why it believes such official to have any other ground. been in error. It shall thereupon be (b) Forms and instructions. The regiven an expeditious hearing, with a sponsible Department official shall asdecision on the record, in accordance sure that forms and detailed instrucwith the Practice and Procedure for tions and procedures for effectuating Hearings issued by the Department this part are issued and promptly made (part 2 of this title). The applicant or available to interested persons.
(c) Supervision and coordination. The
Subpart F-Proceedings Prior to Hearing
Subpart G-Responsibilities and Duties of
2.61 Who presides.
PART 2-PRACTICE AND PROCE-
DURE FOR HEARINGS UNDER
Subpart H-Hearing Procedures
Subpart A-General Information
Subpart B-Appearance and Practice
Subpart 1-The Record
2.101 Posthearing briefs: proposed findings
2.31 Form of documents to be filed.
Subpart K-Judicial Standards of Practice
2.113 Ex parte communications.
of justice will thereby be served, and 2.114 Expeditious treatment.
upon notice to all parties. 2.115 Matters not prohibited. 2.116 Filing of ex parte communications.
Subpart B-Appearance and Subpart L-Post-Termination Proceedings
Practice 2.121 Post-termination proceedings.
82.11 Appearance. Subpart M-Definitions
A party may appear in person or by
counsel and participate fully in any 2.131 Definitions.
proceeding. A State agency or any inAUTHORITY: Sec. 602, 78 Stat. 252, 42 U.S.C. strumentality thereof, a political sub2000d-1; sec. 7(d), 79 Stat. 670, 42 U.S.C. division of the State or instrumental3535(d); and the laws listed in appendix A to ity thereof, or a corporation may appart 1.
pear by any of its officers or employees SOURCE: 36 FR 24414, Dec. 22, 1971, unless duly authorized to appear on its behalf. otherwise noted.
Counsel must be members in good
standing of the bar of any State, TerriSubpart A-General Information tory, or possession of the United States
or of the District of Columbia or the 32.1 Scope of rules.
Commonwealth of Puerto Rico. The rules of procedure in this part 2 supplement part 1 of this title and gov
$2.12 Authority for representation. ern the practice for hearings, decisions, Any individual acting in a representand administrative review conducted ative capacity in any proceeding may by the Department of Housing and be required to show his authority to Urban Development, including each of act in such capacity. its organizational units, pursuant to title VI of the Civil Rights Act of 1964
82.13 Exclusion from hearing for mis(sec. 602, 42 U.S.C. 2000d-1) and part 1 of
conduct. this title.
Disrespectful, disorderly, or con
tumacious language or contemptuous 82.2 Records to be public.
conduct, refusal to comply with direcAll pleadings, correspondence, exhib tions, or continued use of dilatory tacits, transcripts of testimony, excep- tics by any person at any hearing betions, briefs, decisions, and other docu- fore a presiding officer shall constitute ments filed in the docket in any pro- grounds for immediate exclusion of ceeding may be inspected and copied in such person from the hearing by the the office of the Civil Rights docket presiding officer. clerk during regular business hours. Inquiries may be addressed to the Civil
Subpart c-Parties Rights docket clerk, Department of Housing and Urban Development, 82.21 Parties; General Counsel a Washington, DC 20410.
(a) The term party shall include an $2.3 Use of gender and number. applicant or recipient or other person
As used in this part, words importing with respect to whom a notice of hearthe singular number may extend and be ing or opportunity for hearing has been applied to several persons or things, served naming him as respondent. and vice versa. Words importing the (b) The General Counsel of the Demasculine gender may be applied to fe partment of Housing and Urban Develmales or organizations.
opment shall be deemed a party to all
proceedings. $2.4 Suspension of rules.
The responsible Department official 82.22 Amici curiae. with respect to pending matters may (a) Any interested person or organimodify or waive any rule in this part zation may file a petition to particiupon his determination that no party pate in a proceeding as an amicus cuwill be unduly prejudiced and the ends riae. Such petition shall be filed prior
to the prehearing conference or, if none and the title, if any, and address of the is held, before the commencement of signatory. Copies need not be signed, the hearing, unless the petitioner but the name of the person signing the shows good cause for filing the petition original shall be reproduced. Doculater. The presiding officer may grant ments shall be legible and shall not be the petition if he finds that the peti more than 842 inches wide and 12 inches tioner has a legitimate interest in the long. proceedings, and that such participation will not unduly delay the outcome
$2.32 Signature of documents. and may contribute materially to the The signature of a party, authorized proper disposition thereof. An amicus officer, employee or attorney concuriae is not a party and may not in stitutes a certificate that he has read troduce evidence at a hearing.
the document, that to the best of his (b) An amicus curiae may submit a knowledge, information, and belief statement of position to the presiding there is good ground to support it, and officer prior to the beginning of a hear that it is not interposed for delay. If a ing, and shall serve a copy on each document is not signed or is signed party. The amicus curiae may submit a with intent to defeat the purpose of brief on each occasion a decision is to
this section, it may be stricken as be made or a prior decision is subject sham and false and the proceeding may to review. His brief shall be filed and proceed as though the document had served on each party within the time not been filed. Similar action may be limits applicable to the party whose taken if scandalous or indecent matter position he deems himself to support; is inserted. or if he does not deem himself to support the position of any party, within 82.33 Filing and service. the longest time limit applicable to All notices by the responsible Deany party at that particular stage of
partment official or the presiding offithe proceedings.
cer, and all written motions, requests, (c) When all parties have completed
petitions, memoranda, pleadings, extheir initial examination of a witness,
ceptions, briefs, decisions, and corany amicus curiae may request the pre respondence to the responsible Departsiding officer to propound specific
ment official or the presiding officer questions to the witness. The presiding
from a party, or vice versa, relating to officer, in his discretion, may grant
a proceeding after its commencement any such request if he believes the pro
shall be filed and served on all parties. posed additional testimony may assist
Parties shall supply the original and materially in elucidating factual mat
two copies of documents submitted for ters at issue between the parties and
filing. Filings shall be made with the will not expand the issues.
Civil Rights docket clerk at the ad$2.23 Complainants not parties.
dress stated in the notice of hearing or
notice of opportunity for hearing, durA person submitting a complaint pur
ing regular business hours. Regular suant to $1.7(b) of this title is not a
business hours are every Monday party to the proceedings governed by
through Friday (legal holidays in the this part, but may petition, after pro District of Columbia excepted) from ceedings are initiated, to become an
8:45 a.m. to 5:15 p.m., e.s.t. or d.s.t., amicus curiae. In any event a com whichever is effective in the District of plainant shall be advised of the time
Columbia at the time. Originals only of and place of the hearing.
exhibits and transcripts of testimony
need be filed. For requirements of servSubpart D-Form, Execution,
ice on amici curiae, see $2.107. Service and Filing of Documents
$2.34 Service-how made. 82.31 Form of documents to be filed.
Service shall be made by personal deDocuments to be filed under the rules livery of one copy to each person to be in this part shall be dated, the original served or by registered or certified signed in ink, shall show the docket de- mail, return receipt requested, propscription and title of the proceeding erly addressed with postage prepaid.