[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

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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