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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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Administrative Plan 4/1/2016 Page 14-4 <br />14-I.C. INVESTIGATING ERRORS AND PROGRAM ABUSE <br />When SAHA Will Investigate <br />SAHA Policy <br />SAHA will review all referrals, specific allegations, complaints, and tips from any source <br />including other agencies, companies, and individuals, to determine if they warrant <br />investigation. In order for SAHA to investigate, the allegation must contain at least one <br />independently-verifiable item of information, such as the name of an employer or the <br />name of an unauthorized household member. <br />SAHA will investigate inconsistent information related to the family that is identified <br />through file reviews and the verification process. <br />SAHA may use third party investigators for detailed investigations. <br />Consent to Release of Information [24 CFR 982.516] <br />SAHA may investigate possible instances of error or abuse using all available SAHA and public <br />records. If necessary, SAHA will require HCV families to sign consent forms for the release of <br />additional information. <br />Analysis and Findings <br />SAHA Policy <br />SAHA will base its evaluation on a preponderance of the evidence collected during its <br />investigation. <br />Preponderance of the evidence is defined as evidence which is of greater weight or more <br />convincing than the evidence which is offered in opposition to it; that is, evidence that as <br />a whole shows that the fact sought to be proved is more probable than not. Preponderance <br />of evidence may not be determined by the number of witnesses, but by the greater weight <br />of all evidence <br />For each investigation SAHA will determine (1) whether an error or program abuse has <br />occurred, (2) whether any amount of money is owed the PHA, and (3) what corrective <br />measures or penalties will be assessed. <br />Consideration of Remedies <br />All errors and instances of program abuse must be corrected prospectively. Whether SAHA will <br />enforce other corrective actions and penalties depends upon the nature of the error or program <br />abuse. <br />SAHA Policy <br />In the case of family-caused errors or program abuse, SAHA will take into consideration <br />(1) the seriousness of the offense and the extent of participation or culpability of <br />individual family members, (2) any special circumstances surrounding the case, (3) any <br />mitigating circumstances related to the disability of a family member, (4) the effects of a <br />particular remedy on family members who were not involved in the offense. <br />In the case of owner-caused errors or program abuse, SAHA will take into consideration <br />(1) the seriousness of the offense, (2) the length of time since the violation has occurred, <br />3-316
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