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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 16-8 <br />withdrawing a voucher; refusing to enter into a HAP contract or approve a lease; refusing <br />to process or provide assistance under portability procedures. <br />Notice to the Applicant [24 CFR 982.554(a)] <br />SAHA must give an applicant prompt notice of a decision denying assistance. The notice must <br />contain a brief statement of the reasons for SAHA decision, and must also state that the applicant <br />may request an informal review of the decision. The notice must describe how to obtain the <br />informal review. <br />Scheduling an Informal Review <br />SAHA Policy <br />A request for an informal review must be made in writing and delivered to SAHA either <br />in person or by first class mail, by the close of the business day, no later than 14 days <br />from the date of SAHA’s notice of denial of assistance. <br />Except as provided in Section 3-III.G, SAHA will schedule and send written notice of the <br />informal review within 14 days of the family’s request. <br />Informal Review Procedures [24 CFR 982.554(b)] <br />The informal review must be conducted by a person other than the one who made or approved <br />the decision under review, or a subordinate of this person. <br />The applicant must be provided an opportunity to present written or oral objections to the <br />decision of SAHA. <br />Informal Review Decision [24 CFR 982.554(b)] <br />SAHA must notify the applicant of SAHA’s final decision, including a brief statement of the <br />reasons for the final decision. <br />SAHA Policy <br />In rendering a decision, SAHA will evaluate the following matters: <br />Whether or not the grounds for denial were stated factually in the notice to the <br />family. <br />The validity of grounds for denial of assistance: If the grounds for denial are not <br />specified in the regulations, then the decision to deny assistance will be <br />overturned. <br />The validity of the evidence: SAHA will evaluate whether the facts presented <br />prove the grounds for denial of assistance. If the facts prove that there are grounds <br />for denial, and the denial is required by HUD, SAHA will uphold the decision to <br />deny assistance. <br />If the facts prove the grounds for denial, and the denial is discretionary, SAHA <br />will consider the recommendation of the person conducting the informal review in <br />making the final decision whether to deny assistance. <br />SAHA will notify the applicant of the final decision, including a statement explaining the <br />reason(s) for the decision, within 14 days of the informal review decision. The notice <br />3-352
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