[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26199-26201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13072]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4082-D-01]
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity; Revocation and Redelegation of Authority Under Section 504
of the Rehabilitation Act of 1973
AGENCY: Office of Fair Housing and Equal Opportunity, HUD.
ACTION: Notice of revocation and redelegation of authority.
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SUMMARY: This redelegation concerns the Department of Housing and Urban
Development's (HUD's) enforcement of Section 504 of the Rehabilitation
Act of 1973 (the Act), which prohibits discrimination on the basis of
disability in programs and activities receiving Federal financial
assistance.
Under this Notice, the Assistant Secretary for Fair Housing and
Equal
[[Page 26200]]
Opportunity redelegates certain authority, to act as the ``responsible
civil rights official'' under HUD regulations at 24 CFR Part 8, from
the Assistant Secretary for Fair Housing and Equal Opportunity to the
Deputy Assistant Secretary for Enforcement and Investigations, the
Director of the Office of Program Compliance and Disability Rights, the
Director of the Office of Program Standards and Evaluation, the
Directors of the Fair Housing Enforcement Centers (FHECs), and the
Directors of the Program Operations and Compliance Centers (POCCs).
This redelegation supersedes the redelegations of authority at 56
FR 12302, dated March 22, 1991; at 56 FR 12303, dated March 22, 1991;
at 56 FR 56420, dated November 4, 1991; and at 56 FR 56421, dated
November 4, 1991. In those documents, certain authority to act as the
``responsible civil rights official'' under 24 CFR Part 8 was
redelegated to the General Deputy Assistant Secretary for Fair Housing
and Equal Opportunity, the Deputy Assistant Secretary for Enforcement
and Compliance, the Regional Office Directors of Fair Housing and Equal
Opportunity, the Director of the Office of Investigations, and the
Director of the Office of Program Compliance.
EFFECTIVE DATE: May 2, 1996.
FOR FURTHER INFORMATION CONTACT:
Cheryl Kent, Director, Disability Rights Division, Office of Program
Compliance and Disability Rights, Office of Fair Housing and Equal
Opportunity, Room 5240, 451 Seventh Street SW., Washington, D.C. 20410,
telephone number (202) 708-2333 (voice), (202) 708-1734 (TTY). These
are not toll-free numbers.
SUPPLEMENTARY INFORMATION: In a notice published on March 22, 1991, at
56 FR 12302, the Secretary of Housing and Urban Development delegated
all authority to act as ``the responsible civil rights official'' under
24 CFR Part 8, to the Assistant Secretary for Fair Housing and Equal
Opportunity. That notice also permitted the Assistant Secretary to
redelegate the authority.
On March 22, 1991, at 56 FR 12302, and on November 4, 1991, at 56
FR 56420, the Assistant Secretary for Fair Housing and Equal
Opportunity redelegated certain powers and authorities to act as the
``responsible civil rights official'' under 24 CFR Part 8, to the
General Deputy Assistant Secretary for Fair Housing and Equal
Opportunity, the Deputy Assistant Secretary for Enforcement and
Compliance, and the Directors of the Regional Offices of Fair Housing
and Equal Opportunity. On March 22, 1991, at 56 FR 12303, the Deputy
Assistant Secretary for Enforcement and Compliance further redelegated
limited powers under 24 CFR Part 8 to the Director of the Office of
Program Compliance. On November 4, 1991, at 56 FR 56421, the General
Deputy Assistant Secretary for Fair Housing and Equal Opportunity
further redelegated limited powers under 24 CFR Part 8 to the Director
of the Office of Investigations. The present document revokes all of
those redelegations.
In 1994, the Assistant Secretary for Fair Housing and Equal
Opportunity reorganized the Offices of Fair Housing and Equal
Opportunity located in the Department's Field Offices. The Fair Housing
Enforcement Centers (FHEC) replace the former Regional Offices of Fair
Housing and Equal Opportunity. The Large Program Operations and
Compliance Centers (POCC) replace the former Program Operations
Divisions in the Regional Offices of Fair Housing and Equal
Opportunity. The Small Program Operations and Complaint Centers replace
the former Office of Fair Housing and Equal Opportunity Divisions in
Category A Field Offices.
Under the reorganization of HUD's Field Offices, the Fair Housing
Enforcement Centers have responsibility for conducting investigations
of complaints. Therefore, within the present redelegation, the
Assistant Secretary is redelegating to the Directors of the Enforcement
Centers, to the Directors of the Large Program Operations and
Compliance Centers, and to the Director of the Office of Program
Compliance and Disability Rights, the authority to investigate
complaints and to issue findings of compliance and noncompliance under
Section 504 of the Rehabilitation Act of 1973. Further, the Assistant
Secretary is redelegating to the Directors of the Fair Housing
Enforcement Centers, the Directors of the Large Program Operations and
Compliance Centers, and to the Director, Office of Program Compliance
and Disability Rights the authority to issue Letters of Determination
where no party to the complaint requests a review of the Letter of
Findings. When any party to a complaint requests a review of the Letter
of Findings, the Assistant Secretary is redelegating to the Deputy
Assistant Secretary for Enforcement and Investigations the authority to
issue the Letter of Determination.
The Assistant Secretary is, in this document, redelegating to the
Directors of the Large Program Operations and Compliance Centers, to
the Director of the Office of Program Compliance and Disability Rights,
and to the Director of the Office of Program Standards and Evaluation
the authority to conduct compliance reviews and to issue compliance and
noncompliance Letters of Findings and Letters of Determination. The
Assistant Secretary does not anticipate assigning compliance reviews to
the Director of the Office of Program Standards and Evaluation; the
authority to conduct compliance reviews, therefore, is granted
primarily so that authority may be further redelegated to the Directors
of the Small Program Operations and Compliance Centers to conduct
specific compliance reviews on a case-by-case basis, as directed by
Headquarters officials. Within the present document, the Assistant
Secretary directly redelegates to the Directors of the Small Operations
and Compliance Centers only the authority to investigate to determine
compliance with 24 CFR 8.25(c) with regard to needs assessments,
transition plans, and extensions for the completion of structural
changes required to provide accessible dwelling units to persons with
disabilities.
Accordingly, the Assistant Secretary for Fair Housing and Equal
Opportunity redelegates authority as follows:
Section A. Authority Redelegated
The Assistant Secretary retains and redelegates to the Directors of
the Fair Housing Enforcement Centers, to the Directors of the Large
Program Operations and Compliance Centers, and to the Director of the
Office of Program Compliance and Disability Rights the authority in
conducting complaint investigations to act as ``the responsible civil
rights official'' to:
1. Request, receive, and evaluate the documents maintained by
recipients in accordance with 24 CFR 8.51(b).
2. Request, receive and evaluate compliance reports in accordance
with 24 CFR 8.55(b).
3. Obtain access to sources of information in accordance with 24
CFR 8.55(c).
4. Waive the time limit for filing a complaint in accordance with
24 CFR 8.56(c)(3).
5. Notify the complainant and the recipient of Federal financial
assistance of HUD's receipt of a complaint under 24 CFR 8.56(d);
process a complaint in accordance with 24 CFR 8.56(e); and dismiss a
complaint under 24 CFR 8.56(f).
6. Investigate complaints and issue Letters of Findings under 24
CFR 8.56 (b) and (g).
7. Resolve a matter through informal means at any stage of
processing through a Voluntary Compliance
[[Page 26201]]
Agreement in accordance with 24 CFR 8.56(j).
8. Issue a Letter of Determination when no party to the complaint
has filed a timely request for review of the Letter of Findings in
accordance with 24 CFR 8.56(h)(4).
Section B. Authority Redelegated
The Assistant Secretary retains and redelegates to the Deputy
Assistant Secretary for Enforcement and Investigations all authority
needed, in conducting complaint investigations, to act as ``the
responsible civil rights official'' to issue a Letter of Determination
when a party to the complaint has filed a timely request for review of
the Letter of Findings in accordance with 24 CFR 8.56(h).
Section C. Authority Redelegated
The Assistant Secretary retains and redelegates to the Director of
the Office of Program Compliance and Disability Rights, the Director of
the Office of Program Standards and Evaluation, and the Directors of
the Large Program Operations and Compliance Centers, the authority in
conducting compliance reviews to act as ``the responsible civil rights
official'' to:
1. Conduct compliance reviews in accordance with 24 CFR 8.56(a).
2. Request, receive, and evaluate the documents maintained by
recipients in accordance with 24 CFR 8.51(b).
3. Request, receive and evaluate compliance reports submitted by
recipients and subrecipients in accordance with 24 CFR 8.55(b).
4. Obtain access to sources of information in accordance with 24
CFR 8.55(c).
5. Issue Letters of Findings and Letters of Determination with
regard to compliance reviews conducted in accordance with 24 CFR 8.56
(a) and (b).
6. Resolve a matter through informal means at any stage of
processing through a Voluntary Compliance Agreement, in accordance with
24 CFR 8.56(j).
Section D. Authority Redelegated
The Assistant Secretary retains and redelegates, to the Directors
of Small Program Operations and Compliance Centers, the authority to
act as the ``responsible civil rights official'' to:
1. In order to determine compliance with 24 CFR 8.25(c) with regard
to needs assessments, transition plans, and extensions of time for the
completion of structural changes, conduct an investigation pursuant to
24 CFR 8.56(a) and issue a Letter of Findings.
2. In a matter involving compliance with 24 CFR 8.25(c) with regard
to needs assessments, transition plans, and/or extensions of time for
the completion of structural changes, resolve the matter through
informal means at any stage of processing through a Voluntary
Compliance Agreement in accordance with 24 CFR 8.56(j).
Section E. Limited Authority To Further Redelegate
The authority redelegated, to the Directors of the Fair Housing
Enforcement Centers, the Directors of the Program Operations and
Compliance Centers, the Director of the Office of Program Compliance
and Disability Rights, and the Director of the Office of Program
Standards and Evaluation, under this redelegation may not be further
delegated except as specified in this Notice. The Director, Office of
Program Compliance and Disability Rights and the Director, Office of
Program Standards and Evaluation may jointly redelegate in writing to
the Directors of the Small Program Operations and Compliance Centers
all authority specified under Section C, above, to conduct specific
compliance reviews. The Deputy Assistant Secretary for Enforcement and
Investigations retains the right to redelegate in writing the authority
granted to him or her within this redelegation.
Section F. Supersedure
This redelegation supersedes and revokes the following
redelegations of authority published in the Federal Register: 56 FR
12302, dated March 22, 1991; 56 FR 12303, dated March 22, 1991; 56 FR
56420, dated November 4, 1991; and 56 FR 56421, dated November 4, 1991.
Authority: Section 7(d), Department of HUD Act (42 U.S.C.
3535(d)).
Dated: May 2, 1996.
Elizabeth K. Julian,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 96-13072 Filed 5-23-96; 8:45 am]
BILLING CODE 4210-28-M
