Missouri Code of State Regulations
Title 4 - Department of Economic Development
Division 170 - Missouri Housing Development Commission
Chapter 7 - Missouri Housing Trust Fund
Section 4 CSR 170-7.600 - Procedures for Contesting Decisions by the Commission Regarding the Funding and Recapture of Missouri Housing Trust Fund Funds
Universal Citation: 4 MO Code of State Regs 170-7.600
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule provides the proper procedures to be used by a grantee in order to dispute any decision made by the commission staff to recapture Missouri Housing Trust Fund funds previously awarded to a grantee.
(1) All disputes regarding the recapture of Missouri Housing Trust Fund (MHTF) funds shall be handled as informally as practicable, consistent with the fundamental principles of fairness, using the following procedures:
(A) In the event the commission staff orders
a recapture of MHTF funds pursuant to
4
CSR 170-7.500(9), the grantee shall
have thirty (30) days from the date on which notice is delivered to it to
exercise its rights under this subsection by sending notice to the trust fund
manager indicating its intent to dispute the recapture of funds and requesting
a hearing with the commission's director of operations;
(B) If the grantee fails to contest the
commission staff's decision within thirty (30) days from the date upon which it
receives notice of the commission staff's intent to recapture, the opportunity
of the grantee to exercise the rights provided for in this section shall be
deemed waived and the decision of the commission staff to recapture MHTF funds
from the grantee shall be deemed final;
(C) If the grantee provides a timely response
to the notice and exercises its right to a hearing with the director of
operations, the director of operations shall hold a hearing with the grantee
within thirty (30) days of the date on which the request for a hearing is
received by the trust fund manager. The deadline for conducting a hearing may
be extended for one (1) additional thirty (30) day period upon written request
of either the director of operations or the grantee requesting the hearing,
provided that notice of the request for extension must be provided to all
parties;
(D) The following
guidelines shall apply to the hearing held by the director of operations:
1. The hearing shall not be considered a
contested case;
2. The hearing
shall be informal and no formal rules of evidence or procedure shall
apply;
3. The commission may have
its counsel present at the hearing;
4. The grantee may be represented by counsel
at the hearing and shall have the right to present evidence or arguments
relevant to the grounds upon which the recapture action is based. If the
grantee elects to be represented by counsel at the hearing, it shall notify the
director of operations of this intent at least five (5) days prior to the
scheduled hearing; and
5. The
director of operations, in reaching his/her decision may consider information
from any source which is relevant to the recapture of grant funds and shall
consider all facts and circumstances upon which the proposed recapture of funds
is based;
(E) Within
thirty (30) days of the date on which the hearing is held, the director of
operations shall issue a decision in writing to the grantee, which decision
shall be mailed to the grantee by certified mail, return receipt requested.
1. If the director of operations determines
that recapture of MHTF funds is not warranted, the decision shall notify the
grantee that its MHTF funds will not be recaptured on the grounds for which the
hearing was held.
2. If the
director of operations determines that recapture of MHTF funds is warranted, it
shall notify the grantee of the grounds upon which such decision was reached.
It shall further notify the grantee of its right to appeal the decision to the
committee of directors pursuant to subsection 4 CSR 170.7-600(1)(G), as well as
the time within which such request for a hearing with the committee of
directors must be provided to the director of operations. The time for the
filing of such request shall be thirty (30) days from the date on which the
decision of the director of operations is received by the grantee;
(F) If the grantee fails to
contest the director of operations' decision within thirty (30) days from the
date upon which it receives notice of such decision, the grantee's right to
appeal the decision shall be deemed waived and the decision of the director of
operations shall be deemed final;
(G) If the grantee provides a timely response
to the notice and exercises its right to appeal the decision of the director of
operations, the committee of directors shall hold a hearing with the grantee
within thirty (30) days of the date on which the request for a hearing is
received by the director of operations. The deadline for conducting a hearing
may be extended for one (1) additional thirty (30) day period upon written
request of either the committee of directors or the grantee requesting the
hearing, provided that notice of the request for extension must be provided to
all parties;
(H) The following
guidelines shall apply to the hearing held by the committee of directors:
1. The hearing shall not be considered a
contested case;
2. The hearing
shall be informal and no formal rules of evidence or procedure shall
apply;
3. The commission may have
its counsel present at the hearing;
4. The grantee may be represented by counsel
at the hearing and shall have the right to present evidence or arguments
relevant to the grounds upon which the recapture action is based. If the
grantee elects to be represented by counsel at the hearing, it shall notify the
committee of directors of this intent at least five (5) days prior to the
scheduled hearing; and
5. The
committee of directors, in reaching its decision may only consider items in the
record of the hearing held by the director of operations. However, the
committee of directors may also consider evidence that was not available at the
initial hearing, but only if the party offering the additional evidence can
show good cause for why it was not presented at the initial hearing. The
committee of directors shall uphold the director of operations' decision unless
it determines that the director of operations' decision was not based on
competent and substantial evidence. If the committee of directors determines
that the decision of the director of operations was not based on competent and
substantial evidence, it may either-
A.
Overrule the decision of the director of operations and reinstate such amounts
of the grantee's funding under its grant agreement as the committee of
directors may deem appropriate; or
B. Remand the matter back to the director of
operations if it determines that further investigation and fact gathering is
necessary before a final conclusion may be reached. If the matter is remanded
back to the director of operations, after the necessary additional
investigation and/or fact gathering is completed, the director of operations
will issue its determination, which shall be subject to appeal using the same
procedures as set forth in subsections
4
CSR 170-7.600(1)(E)-(H);
and
(I)
Within thirty (30) days of the date upon which the appeal hearing is held, the
committee of directors shall issue a decision in writing to the grantee, which
shall be mailed by certified mail, return receipt requested. This decision
shall be considered the final decision of the commission on the matter.
However, this decision of the committee of directors shall not be considered
final if it finds appropriate grounds to remand the matter back to the director
of operations pursuant to subparagraph
4
CSR 170-7.600(1)(H) 5.B. If the
matter is remanded back to the director of operations, the same procedures
spelled out in subsections
4
CSR 170-7.600(1)(C)-(I) shall apply
for all further proceedings with the director of operations and/or the
committee of directors until a final decision is reached.
*Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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