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Administrative Plan 4/1/2016 Page 16-13 <br />Evidence [24 CFR 982.555(e)(5)] <br />SAHA and the family must be given the opportunity to present evidence and question any <br />witnesses. In general, all evidence is admissible at an informal hearing. Evidence may be <br />considered without regard to admissibility under the rules of evidence applicable to judicial <br />proceedings. <br />SAHA Policy <br />Any evidence to be considered by the hearing officer must be presented at the time of the <br />hearing. There are four categories of evidence. <br />Oral evidence: the testimony of witnesses. <br />Documentary evidence: a writing which is relevant to the case, for example, a <br />letter written to SAHA. Writings include all forms of recorded communication or <br />representation, including letters, words, pictures, sounds, videotapes or symbols <br />or combinations thereof. <br />Demonstrative evidence: Evidence created specifically for the hearing and <br />presented as an illustrative aid to assist the hearing officer, such as a model, a <br />chart or other diagram. <br />Real evidence: A tangible item relating directly to the case. <br />Hearsay Evidence is evidence of a statement that was made other than by a witness while <br />testifying at the hearing and that is offered to prove the truth of the matter. Even though <br />evidence, including hearsay, is generally admissible, hearsay evidence alone cannot be <br />used as the sole basis for the hearing officer’s decision. <br />If either SAHA or the family fail to comply with the discovery requirements described <br />above, the hearing officer will refuse to admit such evidence. <br />Other than the failure of a party to comply with discovery, the hearing officer has the <br />authority to overrule any objections to evidence. <br />Hearing Officer’s Decision [24 CFR 982.555(e)(6)] <br />The person who conducts the hearing must issue a written decision, stating briefly the reasons for <br />the decision. Factual determinations relating to the individual circumstances of the family must <br />be based on a preponderance of evidence presented at the hearing. A copy of the hearing must be <br />furnished promptly to the family. <br />SAHA Policy <br />In rendering a decision, the hearing officer will consider the following matters: <br />SAHA Notice to the Family: The hearing officer will determine if the reasons for <br />SAHA’s decision are factually stated in the Notice. <br />SAHA’s Discovery: The hearing officer will determine if SAHA and the family <br />were given the opportunity to examine any relevant documents in accordance <br />with SAHA policy. <br />3-357