Changes Proposed in Rules On Hearing Procedures

摘要

HUD has proposed a revision of its regulations on hearing procedures, including proceedings conducted by hearing officers that don't raise Administrative Procedure Act (APA) issues and hearings conducted by administrative law judges (ALJs) that are subject to the APA. The proposed rules were published in the September 8 Federal Register, and comments are due November 7. The rules for non-APA hearings would revise the discovery and deposition procedures, allow for written interrogatories, and modify the procedures for the review of hearing officers' determinations. The regulations for hearings subject to the APA would revise the discovery, appeal, and judicial review procedures, bringing the discovery procedures in line with those for non-APA hearings. In addition, the rules on APA hearings would be revised to eliminate the provision barring the government from seeking judicial review of an adverse determination in a hearing related to the Program Fraud Civil Remedies Act (PFCRA).