Informal Hearing Procedures
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The hearing officer will schedule your hearing between even
and 15 days after the Section 8 office receives your request for
the hearing. If the Housing Authority is terminating housing assistance,
the hearing will be scheduled before the proposed termination.
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The hearing officer – an individual from outside the Housing
Authority with experience as an arbitrator, judge or chair of
judicial hearings – will preside.
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Before the hearing, you will be given the opportunity to examine
any KCHA documents at the Housing Authority office (including
records and regulations) directly relevant to the hearing. You
will be allowed to copy any such document at your expense. Any
document not made available to you before the hearing cannot be
used at the hearing.
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Before the hearing, KCHA must be given the opportunity to examine
at the Housing Authority office any documents about you directly
relevant to the hearing. The Housing Authority must be allowed
to copy any such document, at its expense. Any document not made
available to the Housing Authority prior to the hearing cannot
be used at the hearing.
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You may be represented by a lawyer or other representative at
your expense.
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If either you or the Housing Authority fails to appear at the
time scheduled for the hearing, the hearing officer may determine
that the non-appearing party has given up the right to a hearing
or may postpone the hearing for a period not to exceed five days.
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The hearing officer will have sole responsibility for regulating
the conduct of the review. Failure to follow the hearing officer’s
directions may result in exclusion from the hearing, in a decision
against the disorderly party, or in such other relief as the hearing
officer shall reasonably determine.
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You and the Housing Authority can each have a maximum of three
other persons in attendance at the informal hearing. Because of
the serious nature of the hearing process, children will not be
allowed in the hearing room unless they are serving as witnesses.
Families are responsible for arranging for necessary childcare.
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Both you and the Housing Authority can present evidence and question
witnesses.
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Evidence will be considered without regard to admissibility under
the rules for judicial proceedings. All hearings shall be conducted
informally, and both oral and documentary evidence pertinent to
the facts and issues raised may be received. The hearing officer
alone will have the authority to decide challenges to the admissibility
of evidence.