04 040113 HA ADMINPLAN EX 2 - Laserfiche WebLink

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SAHA Evidence to Support SAHA Decision: The evidence consists of the facts presented. Evidence is not conclusion and it is not argument. The hearing officer will evaluate the facts to determine if they support SAHA's conclusion. Validity of Grounds for Termination of Assistance (when applicable) :The hearing officer will determine if the termination of assistance is for one of the grounds specified in the HUD regulations and SAHA policies. If the grounds for termination are not specified in the regulations or incompliance with SARA policies, then the decision of SARA will be overturned. The hearing officer will issue a written decision to the family and SARA no later than 14 days after the hearing. The report will contain the following information: Hearing information: Name of the participant; Date, time and place of the hearing; Name of the hearing officer; Name of the SAHA representative; and Name of family representative (if any). Background: A brief, impartial statement of the reason for the hearing. Summary of the Evidence: The hearing officer will summarize the testimony of each witness and identify any documents that a witness produced in support of his/her testimony and that are admitted into evidence. Findings of Fact: The hearing officer will include all findings of fact, based on a preponderance of the evidence. Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence. Conclusions: The hearing officer will render a conclusion derived from the facts that were found to be true by a preponderance of the evidence. The conclusion will result in a determination of whether these facts uphold SAHA's decision. Order: The hearing report will include a statement of whether SAHA's decision is upheld or overturned. If it is overturned, the hearing officer will instruct SARA to change the decision in accordance with the hearing officer's determination. In the case of termination of assistance, the hearing officer will instruct SAHA to restore the participant's program status. Procedures for Rehearing or Further Hearing The hearing officer may ask the family for additional information and/or might adjourn the hearing in order to reconvene at a later date, before reaching a decision. If the family misses an appointment or deadline ordered by the hearing officer, the action of SARA will take effect and another hearing will not be granted. o~ro2~12 Page 16-13