Current through October 31, 2024
Section 180.105 - Scope of rules(a) This part contains the rules of practice and procedure applicable to administrative proceedings before an ALJ under the following authorities: (1) The Fair Housing Act (42 U.S.C. 3601 - 3619 ) and the implementing regulations at 24 CFR parts 100 and 103, where no election to proceed in federal district court has been made;(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1 ), and the implementing regulations at 24 CFR part 1;(3) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794 ), and the implementing regulations at 24 CFR part 8;(4) The Age Discrimination Act of 1975 (42 U.S.C. 6103 ), and the implementing regulations at 24 CFR part 146 ; and(5) Section 109 of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 - 5321 ) and implementing regulations at 24 CFR part 6.(b) In the absence of a specific provision, the Federal Rules of Civil Procedure shall serve as a general guide.(c) Hearings under this part shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.(d) Except to the extent that a waiver would otherwise be contrary to law, the ALJ may, after adequate notice to all interested persons, modify or waive any of the rules in this part upon a determination that no person will be prejudiced and that the ends of justice will be served.(e) All pleadings, correspondence, exhibits, transcripts of testimony, exceptions, briefs, decisions, and other documents filed in any proceeding may be inspected in the Docket Clerk's office during regular business hours.61 FR 52218, Oct. 4, 1996, as amended at 64 FR 3801, Jan. 25, 1999; 74 FR 4636 , Jan. 26, 2009