These Rules are applicable to appeals processed under Contract
Disputes Act of 1978 (CDA), 41 U.S.C. §§ 601- 613, as amended. The
procedural rules of this Board are published at 24 C.F.R. Part 20.
The Federal Rules of Civil Procedure may be applied where procedures
are not otherwise provided in these rules. For applications and
proceedings involving award of attorney fees and other expenses,
the rules at 24 C.F.R. Part 14 shall apply.
The rules of procedure at 24 C.F.R. Part 26, Subpart A, are generic
rules which, in the absence of specific rules of procedure, apply
to certain proceedings presided over by a Board of Contract Appeals
Judge acting in the capacity of a hearing officer. These rules of
procedure are utilized, where appropriate, in hearings conducted
pursuant to referrals by debarring or suspending officials under
24 C.F.R. Part 24; hearings concerning the imposition of a Limited
Denial of Participation pursuant to a referral by a hearing official
under 24 C.F.R. § 24.713 (b); hearings concerning actions taken
by the Multifamily Participation Review Committee pursuant to 24
C.F.R. Part 200, Subpart H; and hearings conducted pursuant to referrals
by a Mortgage Review Board hearing official under 24 C.F.R. Part
Procedures published at 24 C.F.R. §§ 17.150 - 17.161 apply to hearings
concerning administrative offset cases in which the Department seeks
to recover outstanding debts. These hearings, unless otherwise ordered,
are limited to review of the written record.
Administrative Wage Garnishment
The procedures published at 31 C.F.R. § 285.11, as authorized
by 24 C.F.R. § 17.170, apply to hearings concerning administrative
wage garnishment cases in which the Department seeks to collect
outstanding debts by administrative wage garnishment.