Rules of the HUD Board of Contract Appeals

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Contract Appeals

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.

Administrative Sanctions

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 25.

Administrative Offsets

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.