15.16 Appeal Conference and Procedures

A. Whenever the MAP Lender Review Board imposes a sanction of probation, suspension or termination against a MAP Lender, the Lender may, within 10 business days of receiving the Notice of Action, request in writing an appeal conference before an Appeal Official designated by the Review Board. Requesting an appeal conference does not suspend the sanctions imposed by the Notice of Action, unless the MAP Lender Review Board has determined that a latter effective date will apply. The Appeal Official must be an individual who has not previously been involved with the Lender’s case, proceedings or settlement discussions. Failure of the Lender to request an appeal conference within 10 business days of receiving the Board’s Notice of Action will be considered a waiver of their right to appeal. While the appeal conference is pending, the Notice of Action and the Lender sanction will remain in effect.

B. The appeal conference will be held within 10 business days of the MAP Lender Review Board receiving the MAP Lender’s appeal request, unless the Lender requests that the conference be held more than 10 but fewer than 30 business days after the date of their appeal request.

C. COB or the Director of OMP will provide the MAP Lender Review Board’s administrative record to the Appeal Official and will describe the basis on which the Board’s decision was made. The Lender may provide oral arguments in support of its position and on the evidence previously submitted. No new evidence may be submitted to the Appeal Official that was not included in the Review Board’s administrative record.

D. An appeal conference is an informal meeting and a transcript will not be kept, unless the Lender elects to have a transcript made by a certified court reporter at its own expense. If the Lender elects to have a transcript made, it must provide 3 copies of the transcript to HUD within 5 business days of the appeal conference. The transcript will not become a part of the record if it is not received within the 5-business day limit.

E. Oral statements made by any participant at the appeal conference will not be considered as evidence on any matter under consideration, except that the Appeal Official may consider voluntary admissions by the Lender on any element of the violation charged. Any additional written arguments that the Lender wishes to present to the Appeal Official must be presented within 5 business days after the date of the appeal conference.

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F. Within 10 business days after the date of the appeal conference, or the expiration of the period allowed for the submission of written arguments, whichever is later, the Appeal Official will make a written determination and may confirm, modify or overturn the Review Board’s decision, and will state the reasons for its determination.

G. If the Appeal Official overturns the MAP Lender Review Board’s decision, the Lender shall immediately return to active status as a MAP Lender, which will be posted on the MAP website.