[Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
[Notices]
[Pages 57133-57134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28523]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4381-D-01]


Delegation of Authority Concerning Sanctions Amendment of 
Existing Delegations and Redelegations of Authority

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of delegation of authority; and amendment of existing 
delegations and redelegations of authority.

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SUMMARY: This notice amends existing delegations and redelegations of 
authority to issue the administrative sanctions of suspension, 
debarment, and limited denial of participation (LDP)

[[Page 57134]]

under 24 CFR part 24. This amendment also requires that the Office of 
General Counsel at Headquarters concur in any proposed sanction under 
part 24 prior to its issuance, and additionally, concur in any proposed 
settlement or resolution of such sanction after its issuance. In 
addition, this notice delegates to the Director of the Enforcement 
Center the authority to issue a suspension, debarment, or LDP under 24 
CFR part 24.

EFFECTIVE DATE: October 16, 1998.

FOR FURTHER INFORMATION CONTACT: Emmett N. Roden, Deputy Chief Counsel, 
Administrative Proceedings Branch, Enforcement Center, Department of 
Housing and Urban Development, Portals Building, Suite 200, 1250 
Maryland Avenue, SW, 20024, Washington, D.C. 20410, (202) 708-3856. 
This is not a toll-free number. For hearing/speech-impaired 
individuals, this number may be accessed via TTY by calling the Federal 
Information Relay Service at 1-800-877-8399.

SUPPLEMENTARY INFORMATION: HUD's regulations at 24 CFR 24.100 and 
24.700 provide that officials designated by the Secretary are 
authorized to issue sanctions, such as suspensions, debarments, and 
limited denials of participation (``LDPs''). By delegations of 
authority published on October 7, 1988 (53 FR 39535) and January 31, 
1989 (54 FR 4913), the Secretary delegated the authority to issue 
suspensions and debarments to the Assistant Secretaries, the Inspector 
General, and the President of the Government National Mortgage 
Association. By delegation of authority published on April 15, 1994 (59 
FR 18276), the Secretary delegated the authority to issue LDPs to the 
Assistant Secretaries for Housing-Federal Housing Commissioner, 
Community Planning and Development, Fair Housing and Equal Opportunity, 
Public and Indian Housing, and Administration.
    The authority to issue LDPs has been delegated and/or redelegated 
to other officials. These include a concurrent delegation of authority 
published on December 14, 1993 (58 FR 65373), where the Secretary 
delegated to the Deputy Assistant Secretary of Operations, Office of 
Community Planning and Development (CPD), the power and authority of 
the Assistant Secretary for CPD; and redelegations of authority 
published on: (1) July 7, 1994 (59 FR 34857), where the Assistant 
Secretary for Housing-Federal Housing Commissioner redelegated the 
authority to issue LDPs to the Department's Deputy Assistant Secretary 
for Multifamily Housing Programs and the Deputy Assistant Secretary for 
Single Family Housing; (2) June 6, 1995 (60 FR 29862), where the 
Assistant Secretary for Housing-Federal Housing Commissioner 
redelegated to certain HUD officials in local field offices the power 
and authority to issue LDPs pertaining to all housing programs; (3) 
August 14, 1995 (60 FR 41894), where the General Deputy Assistant 
Secretary for CPD redelegated authority to issue LDPs to the Director, 
Office of Technical Assistance and Management; and (4) September 11, 
1995 (60 FR 47177), where the Assistant Secretary for Public and Indian 
Housing redelegated power and authority to issue LDPs to certain HUD 
officials in field offices. Also included is an unpublished 
redelegation dated February 15, 1998 from the Assistant Secretary for 
Housing-Federal Housing Commissioner to the field concerning the 
issuance of LDPs in connection with of Multifamily Housing and Hospital 
Insurance programs.
    This notice amends the above delegations and redelegations of 
authority by requiring that, before a sanction is issued under 24 CFR 
part 24, the General Counsel, or other official designated by the 
General Counsel, must concur in it. Additionally, the General Counsel, 
or other such designated official, must concur in any settlement of a 
sanction under 24 CFR Part 24. This notice also delegates to the 
Director of the Enforcement Center the authority to initiate 
suspensions, debarments, and LDPs with respect to programs conducted by 
all offices of this Department.

Section A. Delegation of Authority

    The Director of the Enforcement Center of the Department of Housing 
and Urban Development is hereby authorized to issue suspensions, 
debarments, and limited denials of participation, under 24 CFR part 24. 
The General Counsel, or such other official as may be designated by the 
General Counsel, must: (1) concur in any such proposed sanction under 
part 24 before it is issued, and (2) concur in any proposed settlement 
of a sanction under part 24.

Section B. Amendment of Delegations and Redelegations

    All delegations and redelegations are hereby amended to require 
that the General Counsel, or such other official as may be designated 
by the General Counsel, must: (1) Concur in any proposed sanction under 
part 24 before it is issued, and (2) concur in any proposed settlement 
of a sanction under part 24. These delegations and redelegations 
include those published in the Federal Register at 53 FR 39535 (October 
7, 1988); 54 FR 4913 (January 31, 1989); 59 FR 18276 (April 15, 1994); 
58 FR 65373 (December 14, 1993); 59 FR 34857 (July 7, 1994); 60 FR 
29862 (June 6, 1995); 60 FR 41894 (August 14, 1995); and 60 FR 47177 
(September 11, 1995). Also included is an unpublished delegation dated 
February 15, 1998 from the Assistant Secretary for Housing--Federal 
Housing Commissioner to the field concerning the management of 
Multifamily Housing and Hospital Insurance programs.

    Authority: Sec. 7(d), Department of Housing and Urban 
Development Act (42 USC 3535(d)).

    Dated: October 16, 1998.
Andrew Cuomo,
Secretary of Housing and Urban Development.
[FR Doc. 98-28523 Filed 10-23-98; 8:45 am]
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