94-26214. Revocation and Redelegation of Authority  

  • [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]
    BILLING CODE 4210-01-M
    
    
    

Document Information

Published:
10/24/1994
Entry Type:
Uncategorized Document
Action:
Notice of revocations and redelegation of authority pertaining to HUD's fair housing complaint processing regulations.
Document Number:
94-26214
Dates:
September 30, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 24, 1994, Docket No. D-94-1076, FR-3792-D-01