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Hearsay Evidence is evidence of a statement that was made other than by a witness while <br />testifying at the hearing and that is offered to prove the truth of the matter. Even though <br />evidence, including hearsay, is generally admissible, hearsay evidence alone cannot be <br />used as the sole basis for the hearing officer's decision. <br />If either SAHA or the family fail to comply with the discovery requirements described <br />above, the hearing officer will refuse to admit such evidence. <br />Other than the failure of a party to comply with discovery, the hearing officer has the <br />authority to overrule any objections to evidence. <br />Hearing Officer's Decision [24 CFR 982.555(e)(6)] <br />The person who conducts the hearing must issue a written decision, stating briefly the reasons for <br />the decision. Factual determinations relating to the individual circumstances of the family must <br />be based on a preponderance of evidence presented at the hearing. A copy of the hearing must be <br />furnished promptly to the family. <br />SAHA Policy <br />In rendering a decision, the hearing officer will consider the following matters: <br />SAHA Notice to the Family: The hearing officer will determine if the reasons for <br />SAHA's decision are factually stated in the Notice. <br />SAHA's Discovery: The hearing officer will determine if SAHA and the family <br />were given the opportunity to examine any relevant documents in accordance <br />with SAHA policy. <br />SAHA Evidence to Support SAHA Decision: The evidence consists of the facts <br />presented. Evidence is not conclusion and it is not argument. The hearing officer <br />will evaluate the facts to determine if they support SAHA's conclusion. <br />Validity of Grounds for Termination of Assistance (when applicable): The <br />hearing officer will determine if the termination of assistance is for one of the <br />grounds specified in the HUD regulations and SAHA policies. If the grounds for <br />termination are not specified in the regulations or in compliance with SAHA <br />policies, then the decision of SAHA will be overturned. <br />The hearing officer will issue a written decision to the family and SAHA no later than 14 <br />days after the hearing. The report will contain the following information: <br />Hearing information: <br />Name of the participant; <br />Date, time and place of the hearing; <br />Name of the hearing officer; <br />Name of SAHA representative; and <br />Name of family representative (if any). <br />Background: A brief, impartial statement of the reason for the hearing. <br />4-47 <br />