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Administrative Plan 7/1/2025 Page 16-26 <br />Conclusions: The hearing officer will render a conclusion derived from the facts <br />that were found to be true by a preponderance of the evidence. The conclusion <br />will result in a determination of whether these facts uphold the PHA’s decision. <br />Order: The hearing report will include a statement of whether the PHA’s <br />decision is upheld or overturned. If it is overturned, the hearing officer will <br />instruct the PHA to change the decision in accordance with the hearing officer’s <br />determination. In the case of termination of assistance, the hearing officer will <br />instruct the PHA to restore the participant’s program status. <br />Issuance of Decision [24 CFR 982.555(e)(6)] <br />A copy of the hearing order must be furnished promptly to the family. <br />SAHA Policy <br />The hearing officer will mail a “Notice of Hearing Decision” to SAHA and to the <br />participant on the same day. This notice will be sent by first-class mail. The participant <br />will be mailed the original “Notice of Hearing Decision” and a copy of the proof of <br />mailing. A copy of the “Notice of Hearing Decision” will be maintained in SAHA’s file. <br />Effect of Final Decision [24 CFR 982.555(f)] <br />The PHA is not bound by the decision of the hearing officer for matters in which the PHA is not <br />required to provide an opportunity for a hearing, decisions that exceed the authority of the <br />hearing officer, decisions that conflict with or contradict HUD regulations, requirements, or are <br />otherwise contrary to federal, state, or local laws. <br />If the PHA determines it is not bound by the hearing officer’s decision in accordance with HUD <br />regulations, the PHA must promptly notify the family of the determination and the reason for the <br />determination. <br />SAHA Policy <br />The Executive Director has the authority to determine that SAHA is not bound by the <br />decision of the hearing officer because SAHA was not required to provide a hearing, the <br />decision exceeded the authority of the hearing officer, the decision conflicted with or <br />contradicted HUD regulations, requirements, or the decision was otherwise contrary to <br />federal, state, or local laws. <br />In such a case, SAHA will mail a “Notice of Final Decision” to SAHA program director <br />and the participant on the same day. The “Notice of Final Decision” will be sent by first- <br />class mail. A copy of this notice will be maintained in SAHA’s file. <br />EXHIBIT 1