4634 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Rules and Regulations 

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. 

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 tollfree number). Individuals with speech 

or hearing impairments may access this 

number through TTY by calling the tollfree 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 

§ 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. 

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

■ 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 

■ 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). 

■ 2. In § 17.140, revise the first sentence 

to read as follows: 

§ 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. 

* * * 

* * * * * 

■ 3. Revise § 17.161(a) to read as 

follows: 

§ 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 § 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 

■ 4. The authority citation for 24 CFR 

part 20 continues to read as follows: 

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

■ 5. In § 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: 

§ 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 

■ 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). 

■ 7. Revise the first sentence of 

§ 30.90(b) to read as follows: 

§ 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 § 26.37 of this title. 

* * * 

* * * * * 

PART 103—FAIR HOUSING— 

COMPLAINT PROCESSING 

■ 8. The authority citation for 24 CFR 

part 103 continues to read as follows: 

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

■ 9. Revise § 103.405 (b)(1) to read as 

follows: 

§ 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; 

* * * * * 

■ 10. Revise the second sentence of 

§ 103.410(b) to read as follows: 

§ 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 

■ 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. 

■ 12. Revise § 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: 

4636 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Rules and Regulations 

§ 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. 

* * * * * 

■ 13. Revise § 180.105(e) to read as 

follows: 

§ 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. 

■ 14. Revise the first sentence of 

§ 180.400(b)(1) to read as follows: 

§ 180.400 Service and filing. 

* * * * * 

(b) Filing—(1) Method. All documents 

shall be filed with the Docket 

Clerk. * * * 

* * * * * 

■ 15. In § 180.405, revise paragraph (c) 

and the last sentence of paragraph (d) to 

read as follows: 

§ 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. 

* * * * * 

■ 16. In § 180.410, revise paragraph (a) 

and paragraph (b)(2) to read as follows: 

§ 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. 

* * * * * 

■ 17. Revise § 180.415(a) to read as 

follows: 

§ 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 

■ 18. The authority citation for 24 CFR 

part 570 continues to read as follows: 

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

5320. 

■ 19. Revise § 570.496(d)(1)(iii) to read 

as follows: 

§ 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 

■ 20. The authority citation for 24 CFR 

part 954 continues to read as follows: 

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

12839. 

■ 21. In § 954.602, revise paragraph 

(b)(1)(iii) and the first sentence of 

paragraph (b)(2) to read as follows: 

§ 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 

■ 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). 

■ 23. In § 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: 

§ 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