Bureau of Land Management Administrative Cases

Bureau of Land Management (BLM) Administrative Law matters fall into two categories; Land Use Planning Appeals and Implementing Decisions Appeals. The Office of Hearings and Appeals (OHA) overseas Administrative Appeals for the BLM, which falls under the jurisdiction of the United States Department of the Interior.  Many BLM Administrative Law matters are heard before Administrative Law Judges. Respondents may Appeal Hearing decisions to the Interior Board of Lane Appeals (IBLA), which is comprised of Administrative Judges (not Administrative Law Judges). The Administrative Law review process for the Bureau of Land Management varies upon the subject matter of the Administrative Law action. BLM Administrative Law overseas Grazing, Timber, Oil and Gas, Minerals and Land Use Plans. The IBLA hears Appeals of Administrative Law Judges’ Decisions and hears Appeals from the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, the Bureau of Indian Affairs (minerals cases on Indian :ands), and the Office of Surface Mining Reclamation and Enforcement (Coal Mining).

Department of Housing and Urban Development (HUD) Administrative Cases

The Department of Housing and Urban Development (HUD) contains an Office of Hearings and Appeals (OHA), which issues rulings arising from Formal Complaints or HUD Adverse Actions. HUD Adverse Actions include Administrative Sanctions, Administrative Offsets (to recover outstanding debts) and Administrative Wage Garnishments (also to collect debts), as well as Debarment, Suspension and Limited Denials of Participation. HUD Administrative Law matters are heard before Administrative Judges (AJs) under the supervision of the Chief Administrative Law Judge.

A debarment is an order banning an individual or agency from doing business with the federal government.   Debarment orders are often in effect for three years, but can be longer.  Debarment affects Landlords, Loan Officers, Builders and Developers, Real Estate Brokers and others.  Causes of debarment include HUD Program Violations and certain criminal including but not limited to Theft, Forgery, False statements, Diversion of Project Assets and Bribery.  The initial HUD sanction may be a suspension followed by Debarment.

The first step in a Debarment Action is a Notice of Proposed Debarment. A Debarment does not take effect until a decision is made by a Debarring Official, after the Respondent has exercised their right to oppose the Debarment. Action usually must be taken within 30 days after receipt of the Notice of Proposed Debarment. A Debarment Order may be reconsidered for a lower time period, but it may also be extended. HUD may also allow a Debarred person to participate in particularly HUD Programs. Likewise, HUD may issue an Order of Limited Denial of Participation, which can apply to certain program or programs, or may be limited to geography or may be limited to only a certain period of time. A Limited Denial of Participation can be ordered for less serious violations of HUD rules.