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Administrative Plan 7/1/2025 Page 16-24 <br />Evidence [24 CFR 982.555(e)(5)] <br />The PHA 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 based not on a witness’ personal knowledge. In and of <br />itself, hearsay evidence carries no weight when making a finding of fact. The hearing <br />officer may include hearsay evidence when considering their decision if it is corroborated <br />by other evidence. Even though hearsay evidence is generally admissible in a hearing, the <br />hearing officer will not base a hearing decision on hearsay alone unless there is clear <br />probative value and credibility of the evidence, and the party seeking the change has met <br />the burden of proof. <br />If either SAHA(or the family, if required in a remote hearing) fail to comply with the <br />discovery requirements described above, the hearing officer will refuse to admit such <br />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 />Procedures for Rehearing or Further Hearing <br />SAHA Policy <br />The hearing officer may ask the family for additional information and/or might adjourn <br />the hearing in order to reconvene at a later date, before reaching a decision. If the family <br />misses an appointment or deadline ordered by the hearing officer, the action of SAHA <br />will take effect and another hearing will not be granted. <br />EXHIBIT 1