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Summary of the Evidence: The hearing officer will summarize the testimony of <br />each witness and identify any documents that a witness produced in support of <br />his/her testimony and that are admitted into evidence. <br />Findings of Fact: The hearing officer will include all findings of fact, based on a <br />preponderance of the evidence. Preponderance of the evidence is defined as <br />evidence which is of greater weight or more convincing than the evidence which <br />is offered in opposition to it; that is, evidence which as a whole shows that the <br />fact sought to be proved is more probable than not. Preponderance of the evidence <br />may not be determined by the number of witnesses, but by the greater weight of <br />all evidence. <br />Conclusions: The hearing officer will render a conclusion derived from the facts <br />that were found to be true by a preponderance of the evidence. The conclusion <br />will result in a determination of whether these facts uphold SAHA's decision. <br />Order: The hearing report will include a statement of whether SAHA's decision <br />is upheld or overturned. If it is overturned, the hearing officer will instruct SAHA <br />to change the decision in accordance with the hearing officer's determination. In <br />the case of termination of assistance, the hearing officer will instruct SAHA to <br />restore the participant's program status. <br />Procedures for Rehearing or Further Hearing <br />SAHA Policy <br />The hearing officer may ask the family for additional information and/or might adjourn <br />the hearing in order to reconvene at a later date, before reaching a decision. If the family <br />misses an appointment or deadline ordered by the hearing officer, the action of SAHA <br />will take effect and another hearing will not be granted. <br />PHA Notice of Final Decision [24 CFR 982.555(f)] <br />SAHA is not bound by the decision of the hearing officer for matters in which SAHA is not <br />required to provide an opportunity for a hearing, decisions that exceed the authority of the <br />hearing officer, decisions that conflict with or contradict HUD regulations, requirements, or are <br />otherwise contrary to federal, state, or local laws. <br />If SAHA determines it is not bound by the hearing officer's decision in accordance with HUD <br />regulations, SAHA must promptly notify the family of the determination and the reason for the <br />determination. <br />SAHA Policy <br />SAHA will mail a "Notice of Final Decision" including the hearing officer's report, to <br />the participant and their representative. This Notice will be sent by first-class mail and <br />certified mail. A copy of the "Notice of Final Decision" along with the original proof <br />mailing will be maintained in SAHA's file. <br />LEI 09 <br />