[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35803-35804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17175]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity
[Docket No. FR-4102-D-01]
Redelegation of Authority; Waiver of Directives
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice of redelegation of authority.
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SUMMARY: In this notice, the Assistant Secretary for Fair Housing and
Equal Opportunity redelegates to the Secretary's Representatives for
HUD's Field Offices the same waiver authority of directives and
handbook provisions pertaining to fair housing and equal opportunity in
Department programs, as provided to the FHEO Program Directors in the
HUD Field Offices. The Secretary's Representatives may further
redelegate the authority to waive directives and handbook provisions to
State and Area Coordinators within their geographic area.
EFFECTIVE DATE: June 28, 1996.
FOR FURTHER INFORMATION CONTACT:
Susan Forward, Deputy Assistant Secretary for Enforcement and
Investigations, Office of FHEO, Department of Housing and Urban
Development, Room 5106, 451 7th Street, SW, Washington, DC 20410,
telephone numbers (202) 708-4211 (voice), (202) 708-1455 (TTY). These
are not toll-free numbers.
SUPPLEMENTARY INFORMATION: The purpose of this redelegation is to
provide Secretary's Representatives with the same authority to waive
directives, including handbook provisions, redelegated to FHEO Program
Directors in the Field Offices, and with the authority to further
redelegate to State and Area Coordinators. This redelegation does not
supersede the Department's Statement of Policy published on April 22,
1991, at 56 FR 16337, entitled ``Waiver of Regulations and Directives
Issued by HUD.''
Department directives mandated by statute, executive order, or
regulation, and those related to civil rights compliance and
enforcement are not within this redelegation. The Secretary is the
ultimate repository of the authority both to issue and to waive the
regulations of the Department. Typically the authority to issue
regulations is delegated to an Assistant Secretary or official of
equivalent rank. Under section 7(q) of the Department of Housing and
Urban Development Act, 42 U.S.C. 3535(q), the Secretary may not
delegate the authority to waive a regulation below the Assistant
Secretary rank. This prohibition even includes individuals who have
been delegated authority concurrent with the Assistant Secretary. Under
circumstances prescribed in the policy statement, the General Counsel
must concur on proposed waivers of regulations subject to section 7(q)
of the HUD Act.
Under HUD's policy statement on waiver of regulations and
directives, Directive means a Handbook (including a change or
supplement), notice, interim notice, special directive, and any other
issuance that the Department may classify as a directive. Handbook
means a directive that communicates information of a permanent nature
(including clarification of policies, instructions, guidance,
procedures, forms, and reports) for HUD staff or program participants.
Its permanent nature distinguishes a Handbook from other temporary HUD
directives such as notices.
As part of the Department's continued commitment to empowering
communities, the Assistant Secretary for Fair Housing and Equal
Opportunity is redelegating in this document additional authority to
the Secretary's
[[Page 35804]]
Representatives. Each Secretary's Representative is redelegated limited
authority to issue waivers of Department directives, including handbook
provisions, concerning fair housing and equal opportunity in Department
programs for the geographic area for which the Secretary's
Representative is responsible. The Secretary's Representative is
concurrently redelegated the same authority to waive Department
directives concerning fair housing and equal opportunity in Department
programs as resides with the Directors of FHEO for the Field Offices in
the geographic area. The Program Director and the Secretary's
Representative must jointly concur in all requests for waivers, whether
the request is granted or denied. If the Secretary's Representative and
the Program Director do not agree, the matter will be referred to the
Assistant Secretary for FHEO for resolution. If the Secretary's
Representative further redelegates his or her authority to a State and
Area Coordinator, and the Program Director and State and Area
Coordinator disagree on a waiver request, the State and Area
Coordinator will refer the matter to the Secretary's Representative.
Accordingly, the Assistant Secretary for Fair Housing and Equal
Opportunity redelegates as follows:
Section A. Authority redelegated
The Assistant Secretary for Fair Housing and Equal Opportunity
concurrently redelegates to each Secretary's Representative the
following authority to waive Department directives, including handbook
provisions, concerning fair housing and equal opportunity in Department
programs for the geographic area for which the Secretary's
Representative is responsible. This authority includes the same
authority to waive directives pertaining to fair housing and equal
opportunity in Department programs as is redelegated to Directors of
FHEO in the geographic area. Each waiver granted shall be in writing,
specify the grounds for the waiver, and shall be transmitted in writing
to the Assistant Secretary for FHEO. The Assistant Secretary for FHEO
will publish any changes or amendments to its redelegations of
authority to Directors of FHEO in the field.
Section B. Authority to further redelegate
The authority redelegated pursuant to Section A., above, may be
further redelegated to the State and Area Coordinators for the
geographic region of the Secretary's Representative. If the Secretary's
Representative redelegates this authority to a State and Area
Coordinator, the redelegation shall include the requirement that each
waiver granted shall be in writing, specify the grounds for the waiver,
and shall be transmitted in writing simultaneously to the appropriate
Secretary's Representative and to the Assistant Secretary for FHEO.
Authority: Sec. 7(d) of the Department of Housing and Urban
Development (42 U.S.C. 3535(d).
Dated: June 18, 1996.
Elizabeth K. Julian,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 96-17175 Filed 7-5-96; 8:45 am]
BILLING CODE 4210-28-M
