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Informal Review Decision [24 CFR 982.554(b)] SAHA will notify the applicant of SAHA's final decision, including a brief statement of the reasons for the final decision. In rendering a decision, SAHA will evaluate the following matters: Whether or not the grounds for denial were stated factually in the Notice. The validity of grounds for denial of assistance. If the grounds for denial are not specified in the regulations, then the decision to deny assistance will be overturned. The validity of the evidence. SAHA will evaluate whether the facts presented prove the grounds for denial of assistance. If the facts prove that there are grounds for denial, and the denial is required by HUD, SAHA will uphold the decision to deny assistance. If the facts prove the grounds for denial, and the denial is discretionary, SAHA will consider the recommendation of the person conducting the informal review in making the final decision whether to deny assistance. SAHA will notify the applicant of the final decision, including a statement explaining the reason(s) for the decision. The notice will be mailed within 14 days of the informal review, to the applicant and his or her representative, if any, along with proof of mailing. If the decision to deny is overturned as a result of the informal review, processing for admission will resume. If the family fails to appear for their informal review, the denial of admission will stand and the family will be so notified. 16-IILC. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555, Pub.L.109-162] SAHAs will offer an informal hearing for certain SAHA determinations relating to the individual circumstances of a participant family. A participant is defined as a family that has been admitted to SAHA's HCV program and is currently assisted in the program. The purpose of the informal hearing is to consider whether SAHA's decisions related to the family's circumstances are in accordance with the law, HUD regulations and SAHA policies. SAHA is not permitted to terminate a family's assistance until the time allowed for the family to request an informal hearing has elapsed, and any requested hearing has been completed. Termination of assistance for a participant may include any or all of the following: ~ Refusing to enter into a HAP contract or approve a lease ~ Terminating housing assistance payments under an outstanding HAP contract ~ Refusing to process or provide assistance under portability procedures Decisions Subject to Informal Hearing Circumstances for which SAHA will give a participant family an opportunity for an informal hearing are as follows: iii29iio Page 16-8