[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Rules and Regulations]
[Pages 4634-4636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1249]



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Part V





Department of Housing and Urban Development





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24 CFR Parts 17, 20, 30 et al.



 HUD Office of Hearings and Appeals; Conforming Changes To Reflect 
Office Address and Staff Title Changes, and Notification of Retention 
of Chief Administrative Law Judge; Final Rule

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Rules 
and Regulations

[[Page 4634]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 17, 20, 30, 103, 180, 570, 954, and 3500

[Docket No. FR-5265-F-01]
RIN 2501-AD46


HUD Office of Hearings and Appeals; Conforming Changes To Reflect 
Office Address and Staff Title Changes, and Notification of Retention 
of Chief Administrative Law Judge

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: This final rule amends HUD's regulations to reflect the office 
address and staff title changes regarding HUD's Office of Hearings and 
Appeals (OHA). This rule makes conforming changes to HUD regulations to 
reflect that the title of ``Chief Docket Clerk'' has been changed to 
``Docket Clerk'' and that the address of the OHA has been changed. 
Additionally, the preamble to this rule corrects a preamble statement 
in the preamble of a previously published OHA final rule regarding the 
elimination of the position of Chief Administrative Law Judge in OHA. 
That position has not been eliminated.

DATES: Effective Date: February 25, 2009.

FOR FURTHER INFORMATION CONTACT: David T. Anderson, Director, Office of 
Hearings and Appeals, Department of Housing and Urban Development, 451 
7th Street, SW., Room B-133, Washington, DC 20410-0001; telephone 
number 202-254-0000 (this is not a toll-free number). Individuals with 
speech or hearing impairments may access this number through TTY by 
calling the toll-free Federal Information Relay Service at 800-877-
8339.

SUPPLEMENTARY INFORMATION:

I. Background

    As the result of section 847 of the 2000 National Defense 
Authorization Act of Fiscal Year 2006 (Pub. L. 109-163, approved 
January 6, 2006), HUD terminated its Board of Contract Appeals (BCA). 
At the same time, HUD established the Office of Hearings and Appeals 
(OHA) to perform the nonprocurement contract dispute functions 
previously performed by the HUD BCA. OHA was established within the 
Office of the Secretary and, under the director of OHA, consists of two 
divisions: The Office of Administrative Law Judges and the Office of 
Appeals. Since establishing OHA, the office has been physically 
relocated, has a new mailing address, and has undergone some staff 
changes.

II. This Final Rule

    This final rule updates HUD's regulations in 24 CFR parts 17, 20, 
30, 103, 180, 570, 954, and 3500 to reflect the office address change 
and staff title changes regarding HUD's OHA. These HUD regulations 
contain outdated references to the title of ``Chief Docket Clerk'' and 
refer to the former address of the OHA. This final rule updates the HUD 
regulations to reflect these changes.

III. HUD Chief Administrative Law Judge--Correction to Preamble 
Statement in HUD's March 13, 2008 Final Rule

    On March 13, 2008 (73 FR 13722), HUD published a final rule 
revising its regulations to reflect the organization of OHA. The 
preamble to that final rule contained two incorrect references 
regarding the position of HUD's Chief Administrative Law Judge (Chief 
ALJ). Specifically, the preamble provided that the position of the 
Chief ALJ ``has been eliminated'' and that the title and position of 
the Chief ALJ ``are now obsolete since the establishment of OHA.'' The 
March 13, 2008 final rule was technical in nature, reflecting the 
establishment of the OHA and the new supervisory role of the Director 
of OHA over the entire office. HUD did not intend, however, for the 
preamble language to convey the impression that the Director of OHA had 
assumed duties or responsibilities reserved for the Chief ALJ. Although 
the regulatory amendments made by the March 13, 2008 final rule (and 
which became effective on April 14, 2008) are correct, HUD wishes to 
rectify the statements contained in the preamble of that rule, so as to 
avoid any confusion regarding the organization of the OHA and the 
position of the Chief ALJ. Through publication of this final rule, HUD 
clarifies that the position of the Chief ALJ continues to be a part of 
the staffing plan of the OHA.

IV. Justification for Final Rulemaking

    Generally, HUD publishes a rule for public comment before 
publishing a rule for effect, in accordance with HUD's regulations on 
rulemaking at 24 CFR part 10. Part 10, however, allows in Sec.  10.1 
for omission of notice and public comment in cases of statements of 
policy, interpretive rules, rules governing the Department's 
organization or internal practices, or if a statute expressly provides 
for omission of notice and comment. In this case, HUD has determined 
that prior public comment is unnecessary because this rule is 
exclusively concerned with the internal organization of OHA. 
Specifically, the regulatory amendments made by the final rule are 
technical and nonsubstantive in nature, since they are limited to 
updating the terminology used in HUD's regulations governing 
administrative hearings and to correcting an outdated address.

V. Findings and Certifications

Environmental Impact

    This final rule does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern or regulate, real property 
acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, nor does it establish, revise, or 
provide for standards for construction or construction materials, 
manufactured housing, or occupancy. Accordingly, under 24 CFR 
50.19(c)(1), this final rule is categorically excluded from 
environmental review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications, if the rule 
either imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive Order. This final rule does not have 
federalism implications and does not impose substantial direct 
compliance costs on state and local governments nor preempt state law 
within the meaning of the Executive Order.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (UMRA) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments and the private sector. This final rule does not 
impose any federal mandates on any state, local, or tribal governments 
or the private sector within the meaning of UMRA.

List of Subjects

24 CFR Part 17

    Administrative practice and procedure, Claims, Government 
employees, Income taxes, Wages.

[[Page 4635]]

24 CFR Part 20

    Administrative practice and procedure, Government contracts, 
Organization and functions (Government agencies).

24 CFR Part 30

    Administrative practice and procedure, Grant programs--housing and 
community development, Loan programs--housing and community 
development, Mortgages, Penalties.

24 CFR Part 103

    Administrative practice and procedure, Aged, Fair housing, 
Individuals with disabilities, Intergovernmental relations, 
Investigations, Mortgages, Penalties, Reporting and recordkeeping 
requirements.

24 CFR Part 180

    Administrative practice and procedure, Aged, Civil rights, Fair 
housing, Individuals with disabilities, Investigations, Mortgages, 
Penalties, Reporting and recordkeeping requirements.

24 CFR Part 570

    Administrative practice and procedure, American Samoa, Community 
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Loan programs--
housing and community development, Low and moderate income housing, 
Northern Mariana Islands, Pacific Islands Trust Territory, Puerto Rico, 
Reporting and recordkeeping requirements, Student aid, Virgin Islands.

24 CFR Part 954

    Administrative practice and procedure, Grant programs--housing and 
community development, Grant programs--Indians, Indians, Low and 
moderate income housing, Manufactured homes, Rent subsidies, Reporting 
and recordkeeping requirements.

24 CFR Part 3500

    Consumer protection, Housing, Mortgages, Reporting and 
recordkeeping requirements.

0
Accordingly, for the reasons stated in the preamble, HUD amends Title 
24 of the Code of Federal Regulations to read as follows:

PART 17--ADMINISTRATIVE CLAIMS

0
1. The authority citation for 24 CFR part 17 continues to read as 
follows:

    Authority: 5 U.S.C. 5514; 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-
3718, 3721; 42 U.S.C. 3535(d).


0
2. In Sec.  17.140, revise the first sentence to read as follows:


Sec.  17.140  Miscellaneous provisions; correspondence with the 
Department.

    The employee shall file an original and one copy of a request for a 
hearing with the Clerk, Office of Hearings and Appeals, U.S. Department 
of Housing and Urban Development, 451 7th Street, SW., Room B-133, 
Washington, DC 20410, on official work days between the hours of 8:45 
a.m. and 5:15 p.m. * * *
* * * * *
0
3. Revise Sec.  17.161(a) to read as follows:


Sec.  17.161  Correspondence with the Department.

    (a) All correspondence from the debtor to the Office of Appeals 
concerning the right to review as described in Sec.  17.152 shall be 
addressed to the Office of Appeals, U.S. Department of Housing and 
Urban Development, SW., Room B-133, Washington, DC 20410.
* * * * *

PART 20--OFFICE OF HEARINGS AND APPEALS

0
4. The authority citation for 24 CFR part 20 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d).

0
5. In Sec.  20.3, revise paragraph (a) and redesignate the current 
paragraphs (b) and (c) as paragraphs (c) and (d), respectively, and add 
a new paragraph (b) to read as follows:


Sec.  20.3  Location, organization, and officer qualifications.

    (a) Mailing address. The Office of Hearings and Appeals is located 
at the U.S. Department of Housing and Urban Development, 451 7th 
Street, SW., Room B-133, Washington, DC 20410.
    (b) Location. For deliveries, the Office of Hearings and Appeals is 
physically located at 409 Third Street, SW., Suite 201, Washington, DC 
20024. The telephone number of the Office of Hearings and Appeals is 
202-254-0000. Hearing- or speech-impaired individuals may access this 
number via TTY by calling the toll-free Federal Information Relay 
Service at 800-877-8339. The facsimile number is 202-619-7304.
* * * * *

PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT

0
6. The authority citation for 24 CFR part 30 continues to read as 
follows:

    Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, and 1735f-
15; 15 U.S.C. 1717a; 28 U.S.C. 2461 note; 42 U.S.C. 1437z-1 and 
3535(d).


0
7. Revise the first sentence of Sec.  30.90(b) to read as follows:


Sec.  30.90  Response to the complaint.

* * * * *
    (b) Filing with the administrative law judges. HUD shall file the 
complaint and response with the Docket Clerk, Office of Administrative 
Law Judges, in accordance with Sec.  26.37 of this title. * * *
* * * * *

PART 103--FAIR HOUSING--COMPLAINT PROCESSING

0
8. The authority citation for 24 CFR part 103 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3600-3619.


0
9. Revise Sec.  103.405 (b)(1) to read as follows:


Sec.  103.405  Issuance of charge.

* * * * *
    (b) * * *
    (1) Obtain a time and place for hearing from the Docket Clerk for 
the Office of Administrative Law Judges;
* * * * *
0
10. Revise the second sentence of Sec.  103.410(b) to read as follows:


Sec.  103.410  Election of civil action or provision of administrative 
proceeding.

* * * * *
    (b) * * * The notice of election must be filed with the Docket 
Clerk in the Office of Administrative Law Judges and served on the 
General Counsel, the Assistant Secretary, the respondent, and the 
aggrieved persons on whose behalf the complaint was filed. * * *
* * * * *

PART 180--CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS 
MATTERS

0
11. The authority citation for 24 CFR part 180 continues to read as 
follows:

    Authority: 29 U.S.C. 794; 42 U.S.C. 2000d-1 3535(d), 3601-3619; 
5301-5320, and 6103.


0
12. Revise Sec.  180.100(c) by removing the definition of ``Chief 
Docket Clerk'' and adding, in alphabetical sequence, the definition of 
``Docket Clerk'' to read as follows:

[[Page 4636]]

Sec.  180.100  Definitions.

* * * * *
    (c) * * *
    Docket Clerk is the docket clerk for HUD's Office of Hearings and 
Appeals, 451 7th Street, SW., Room B-133, Washington, DC 20410. The 
telephone number is 202-254-0000 and the facsimile number is 202-619-
7304.
* * * * *
0
13. Revise Sec.  180.105(e) to read as follows:


Sec.  180.105  Scope of rules.

* * * * *
    (e) All pleadings, correspondence, exhibits, transcripts of 
testimony, exceptions, briefs, decisions, and other documents filed in 
any proceeding may be inspected in the Docket Clerk's office during 
regular business hours.
0
14. Revise the first sentence of Sec.  180.400(b)(1) to read as 
follows:


Sec.  180.400  Service and filing.

* * * * *
    (b) Filing--(1) Method. All documents shall be filed with the 
Docket Clerk. * * *
* * * * *
0
15. In Sec.  180.405, revise paragraph (c) and the last sentence of 
paragraph (d) to read as follows:


Sec.  180.405  Time computations.

* * * * *
    (c) Entry of orders. In computing any time period involving the 
date of the ALJ's issuance of an order or decision, the date of 
issuance is the date of service by the Docket Clerk.
    (d) * * * Documents are not filed until received by the Docket 
Clerk.
* * * * *
0
16. In Sec.  180.410, revise paragraph (a) and paragraph (b)(2) to read 
as follows:


Sec.  180.410  Charges under the Fair Housing Act.

    (a) Filing and service. Within 3 days after the issuance of a 
charge, the General Counsel shall file the charge with the Docket Clerk 
and serve copies (with the additional information required under 
paragraph (b) of this section) on all respondents and aggrieved 
persons.
    (b) * * *
    (2) Such election must be made not later than 20 days after receipt 
of service of the charge by serving written notice of such on the 
Docket Clerk, each respondent, each aggrieved person on whose behalf 
the charge was issued, the Assistant Secretary, and the General 
Counsel.
* * * * *
0
17. Revise Sec.  180.415(a) to read as follows:


Sec.  180.415  Notice of proposed adverse action regarding federal 
financial assistance in non-Fair Housing Act matters.

    (a) Filing and service. Within 10 days after a recipient/applicant 
has requested a hearing, as provided for in 24 CFR parts 1, 6, 8, or 
146, the General Counsel shall file a notice of proposed adverse action 
with the Docket Clerk and serve copies (with the additional information 
required under paragraph (b) of this section) on all respondents and 
complainants.
* * * * *

PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS

0
18. The authority citation for 24 CFR part 570 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 5301-5320.


0
19. Revise Sec.  570.496(d)(1)(iii) to read as follows:


Sec.  570.496  Remedies for noncompliance; opportunity for hearing.

* * * * *
    (d) * * *
    (1) * * *
    (iii) That the respondent has 14 days from receipt of the notice 
within which to provide a written request for a hearing to the Docket 
Clerk, Office of Administrative Law Judges, and the address and 
telephone number of the Docket Clerk;
* * * * *

PART 954--INDIAN HOME PROGRAM

0
20. The authority citation for 24 CFR part 954 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 12701-12839.

0
21. In Sec.  954.602, revise paragraph (b)(1)(iii) and the first 
sentence of paragraph (b)(2) to read as follows:


Sec.  954.602  Notice and opportunity for hearing; sanctions.

* * * * *
    (b) * * *
    (1) * * *
    (iii) That the respondent has 14 days from receipt of the notice 
within which to provide a written request for a hearing to the Docket 
Clerk, Office of Administrative Law Judges, and the telephone number of 
the Docket Clerk;
* * * * *
    (2) Initiation of hearing. The respondent shall be allowed 14 days 
from receipt of the notice within which to notify the Docket Clerk, 
Office of Administrative Law Judges, of its request for a hearing. * * 
*
* * * * *

PART 3500--REAL ESTATE SETTLEMENT PROCEDURES ACT

0
22. The authority citation for 24 CFR part 3500 continues to read as 
follows:

    Authority: 12 U.S.C. 2601 et seq.; 42 U.S.C. 3535(d).

0
23. In Sec.  3500.17, revise the second sentence of paragraph (n)(3) 
introductory text, paragraph (n)(3)(vi), the first sentence of 
paragraph (n)(4)(i), and paragraph (n)(6)(ii) to read as follows:


Sec.  3500.17  Escrow accounts

* * * * *
    (n) * * *
    (3) * * * A copy of the Notice of Intent must be filed with the 
Docket Clerk, Office of Administrative Law Judges, at the address 
provided in the Notice of Intent.* * *
* * * * *
    (vi) The name, address, and telephone number of the representative 
of the Department, and the address of the Docket Clerk, Office of 
Administrative Law Judges, should the servicer decide to appeal the 
penalty.
    (4) Appeal procedures. (i) Answer. To appeal the imposition of a 
penalty, a servicer shall, within 30 days after receiving service of 
the Notice of Intent, file a written Answer with the Docket Clerk, 
Office of Administrative Law Judges, Department of Housing and Urban 
Development, at the address provided in the Notice of Intent. * * *
* * * * *
    (6) * * *
    (ii) The petition must be filed within 30 days after the decision 
is filed with the Docket Clerk, Office of Administrative Law Judges.
* * * * *

    Dated: January 15, 2009.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E9-1249 Filed 1-23-09; 8:45 am]
BILLING CODE 4210-67-P