[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: 94-26214]
[[Page Unknown]]
[Federal Register: October 24, 1994]
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Office of the General Counsel
[Docket No. D-94-1076; FR-3792-D-01]
Revocation and Redelegation of Authority
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice of revocations and redelegation 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 final 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
further pertains to the referral of matters to the Attorney General due
to breaches of conciliation agreements, under section 810(c) of the
Act. The rule change affects certain redelegations of authority from
the General Counsel, which are herein revoked, and also requires a new
redelegation of authority from the General Counsel. As a result of the
rule change, determinations of reasonable cause shall be made by the
Assistant Secretary for FHEO, upon concurrence of the General Counsel.
The Assistant Secretary of FHEO will issue such determinations and
direct the issuance of charges, with concurrence of the General
Counsel, under Sec. 103.405.
EFFECTIVE DATE: September 30, 1994.
FOR FURTHER INFORMATION CONTACT: Harry L. Carey, Assistant General
Counsel for Fair Housing, Department of Housing and Urban Development,
451 7th Street SW, Room 9238, Washington, DC 20410; telephone (202)
708-0570. [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 24 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). It 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 Secretary is now delegating to the
Assistant Secretary for FHEO, with the concurrence of the General
Counsel, certain functions which were previously performed by the
General Counsel. The Assistant Secretary for FHEO, with concurrence of
the General Counsel, rather than only the General Counsel, will be
authorized to make 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 determinations and direct the issuance of charges under
103.405.
The rule change affects prior HUD delegations and redelegations of
authority, and requires new redelegations. Thus, published elsewhere in
today's Federal Register, the Secretary revokes particular delegations,
the Assistant Secretary for FHEO revokes a redelegation of authority,
and the Assistant Secretary issues new redelegations to the field as
part of the assumption of new responsibilities pertaining to the Act.
The General Counsel herein revokes certain prior redelegations which
are inconsistent with the regulation as amended, and issues a new
redelegation consistent with his responsibilities under the
regulations.
Accordingly, the General Counsel revokes redelegations of
authority, and the General Counsel redelegates authority, as follows:
A. Revocation of Authority
1. The General Counsel revokes the redelegation of authority
published on June 7, 1990, at 55 FR 23301. Under 55 FR 23301, the
General Counsel redelegated to HUD's ten Regional Counsel certain
functions under 24 CFR 103.400 concerning the making of reasonable
cause or no reasonable cause determinations. This redelegation is
hereby revoked. Pursuant to the regulation at 24 CFR 103.400, as
amended effective September 30, 1994, such determinations shall be made
by the Assistant Secretary for FHEO, with concurrence of the General
Counsel. Upon concurrence of the General Counsel, the Assistant
Secretary for FHEO will issue such determinations and direct the
issuance of charges under Sec. 103.405.
2. The General Counsel revokes the redelegation of authority
published on January 25, 1991, at 56 FR 2931. The redelegation at 56 FR
2931 was comprised of two parts. In the first part, the General Counsel
redelegated to HUD's ten Regional Counsel all authority under 24 CFR
103.400, except with regard to complaints involving complex facts,
novel issues of law, or the legality of local zoning or land use laws
or ordinances. In the second part of 56 FR 2931, the General Counsel
redelegated the authority to determine which complaints involved
complex facts, novel issues of law, or the legality of local zoning or
land use laws to the Associate General Counsel for Equal Opportunity
and Administrative Law and to the Assistant General Counsel for Fair
Housing. Pursuant to the amendments to 24 CFR 103.400, the two parts of
this redelegation are herein revoked.
3. The General Counsel revokes the redelegation of authority
published on February 25, 1992, at 57 FR 6518. In the 57 FR 6518
notice, the General Counsel redelegated to the Associate General
Counsel for Equal Opportunity and Administrative Law the authority
pursuant to 24 CFR 103.400 to refer to the Attorney General matters
which were determined to involve the legality of a local zoning or land
use law or ordinance.
4. The General Counsel revokes the amendment published on September
30, 1992, at 57 FR 45066. This amendment clarified the Department's
policy that the General Counsel had authority under 24 CFR 103.400 to
reopen determinations of no reasonable cause. Pursuant to the rule as
amended, determinations of reasonable cause are no longer delegated to
the General Counsel. Since determinations of reasonable cause have been
delegated to the Assistant Secretary for FHEO with concurrence of the
General Counsel, the authority of the General Counsel to reopen no
reasonable cause determinations is herein modified. Pursuant to the
rule as amended, the Assistant Secretary for FHEO, upon concurrence of
the General Counsel, will issue reasonable cause determinations and
will direct the issuance of charges under Sec. 103.405.
Section B. Authority Redelegated
All of the power and authority delegated to the General Counsel
pursuant to the regulations at 24 CFR 103.400 and 103.405 of 24 CFR
Part 103, as amended effective September 30, 1994, is retained by the
General Counsel, and redelegated concurrently to the Assistant General
Counsel for Fair Housing and to the Field Assistant General Counsel.
This redelegation includes, but is not limited to, the authority of the
General Counsel under Sec. 103.400(a)(2)(i) to concur in reasonable
cause determinations of the Assistant Secretary for FHEO.
Authority: Sec. 7(d), Department of Housing and Urban
Development Act [42 U.S.C. 3535(d)].
Dated: October 3, 1994.
Nelson A. Diaz,
General Counsel.
[FR Doc. 94-26214 Filed 10-21-94; 8:45 am]
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