[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26213]
[[Page Unknown]]
[Federal Register: October 24, 1994]
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Part III
Department of Housing and Urban Development
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Office of the Secretary
Office of the General Counsel
Office of Fair Housing and Equal Opportunity
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Revocation and Redelegation of Authority Pertaining to HUD's Fair
Housing Complaint Processing Regulations
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
[Docket No. D-94-1075; FR-3791-D-01]
Revocation of Authority
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of revocation of authority pertaining to HUD's Fair
Housing Complaint Processing regulations.
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SUMMARY: This notice is made in accordance with a rule amending
portions of HUD's Fair Housing Complaint Processing regulations at 24
CFR Part 103. Notice of the final rule, effective September 30, 1994,
was published in the Federal Register on August 5, 1994 (59 FR 39955).
A technical correction to this rule, also effective September 30, 1994,
was published in the Federal Register on September 12, 1994 (59 FR
46759).
This rule change pertains to determinations of reasonable cause to
believe that a discriminatory housing practice has occurred,
implementing section 810(g) of the Fair Housing Act (the Act). It also
pertains to the referral of matters to the Attorney General due to
breaches of Conciliation Agreements, pursuant to section 810(c) of the
Act. The rule change affect responsibilities and prior delegations of
authority from the Secretary to the General Counsel and to the
Assistant Secretary for Fair Housing and Equal Opportunity (FHEO). The
Secretary is herein revoking certain authority previously delegated to
the General Counsel.
EFFECTIVE DATE: September 30, 1994.
FOR FURTHER INFORMATION CONTACT:
Sara K. Pratt, Director, Office of Investigations, Office of Fair
Housing and Equal Opportunity, Department of Housing and Urban
Development, 451 7th Street SW., Room 5206, Washington, DC 20410-2000;
telephone (202) 708-0836. [This is not a toll-free number.] A
telecommunications device for hearing impaired persons (TDD) is
available at 1-800-543-8294.
SUPPLEMENTARY INFORMATION: Effective September 30, 1994, the Department
is amending portions of 24 CFR 103.335, 103.400, and 103.405 of HUD's
Fair Housing Complaint Processing regulations at 214 CFR Part 103.
Notice of the final rule was published in the Federal Register on
August 5, 1994 (59 FR 39955), and notice of a technical correction to
the rule was published in the Federal Register on September 12, 1994
(59 FR 46759). This rule change pertains to determinations of
reasonable cause to believe that a discriminatory housing practice has
occurred, implementing section 810(g) of the Fair Housing Act (the
Act). If further pertains to the referral of matters to the Attorney
General due to breaches of Conciliation Agreements, under section
810(c) of the Act. In summary, the Assistant Secretary for FHEO, upon
concurrence by the General Counsel, makes determinations that
reasonable cause exists to believe that a discriminatory housing
practice has occurred. Upon receipt of concurrence by the General
Counsel, the Assistant Secretary will issue such determinations and
direct the issuance of charges under 24 CFR 103.405.
Accordingly, the Secretary revokes, in whole or in part,
delegations of authority as follows:
Section A. Authority Revoked
1. The Secretary revokes, in part, the delegation of authority to
the General Counsel and Deputy General Counsel published on March 30,
1989, at 54 FR 13121, part A.(2)(a) pertaining to sections 810(c),
810(g) and 810(h) of the Fair Housing Act. The delegation herein
revoked pertains to authority regarding the failure to comply with
Conciliation Agreements [810(c)]; and the making of reasonable cause
determinations [810(g)]. This revocation does not affect the remaining
authority delegated to the General Counsel and Deputy General Counsel
published March 30, 1989 at 54 FR 13121, Section A(2)(a), including the
authority under Sections 807(b)(2)(A), 810(e), 810(h), 812(i), and
812(j) of the Act.
2. The Secretary revokes the delegation of authority to the General
Counsel, published on October 8, 1992, at 57 FR 46398. In 57 FR 46398,
the Secretary delegated to the General Counsel the authority to reopen,
for purposes of reconsideration, determinations of no reasonable cause
made by the Assistant Secretary for FHEO, or determinations of no
reasonable cause made by the Directors of the HUD Regional Offices for
FHEO. The authority previously delegated to the General Counsel is
hereby revoked pursuant to an amendment to the complaint processing
procedures at 24 CFR 103.400, effective September 30, 1994, whereby the
Assistant Secretary for FHEO is authorized, upon receipt of concurrence
by the General Counsel, both to determine that reasonable cause exists
and to direct the issuance of a charge.
3. The Secretary revokes the delegation of authority to the General
Counsel published on December 1, 1992, at 57 FR 56926. The December 1,
1992 publication simply corrected a typographical error that appeared
in the notice of delegation of authority published in the Federal
Register on October 8, 1992, at 57 FR 46398.
Authority: Sec. 7(d), Department of Housing and Urban
Development Act [42 U.S.C. 3535(d)].
Dated: October 13, 1994.
Henry G. Cisneros,
Secretary of Housing and Urban Development.
[FR Doc. 94-26213 Filed 10-21-94; 8:45 am]
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