[Federal Register Volume 65, Number 211 (Tuesday, October 31, 2000)]
[Notices]
[Pages 64981-64982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27844]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4572-D-10]


Delegation of Authority to the Director of the Enforcement Center

AGENCY: Office of the Assistant Secretary for Housing, HUD.

ACTION: Notice of Delegation of Authority.

-----------------------------------------------------------------------

SUMMARY: The Secretary of HUD has established an Enforcement Center to 
consolidate HUD's enforcement actions. In addition, pursuant to the 
regulations at 24 CFR Part 30, the Assistant Secretary for Housing-
Federal Housing Commissioner has the authority to initiate and resolve 
civil money penalty actions against multifamily mortgagors and may 
delegate this authority to a designee. The National Housing Act at 12 
U.S.C. 1735f-15(c)(1)(B)(x), provides that among the violations subject 
to civil money penalty sanction is the failure by an FHA mortgagor to 
timely file annual audited financial reports. A similar provision is 
made with regard to Section 202 mortgagors pursuant to 12 U.S.C. 1701q-
1(c)(1)(J). This delegation of authority permits the Director of the 
Enforcement Center to take enforcement action for violations of 12 
U.S.C. 1735f-15(c)(1)(B)(x) and 12 U.S.C. 1701q-1(c)(1)(J), through the 
initiation of civil money penalty actions pursuant to 24 CFR 30.45.

Effective Date: September 20, 2000.

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

SUPPLEMENTARY INFORMATION: HUD regulations, at 24 CFR 30.45, permit the 
Assistant Secretary of Housing--Federal Housing Commissioner to 
initiate and resolve civil money penalty actions against participants 
in HUD multifamily insured housing programs. These participants 
include: a mortgagor of any

[[Page 64982]]

property that includes five or more living units and is subject to a 
mortgage insured, coinsured or held by the Secretary. Section 30.45 
identifies the violations for which the Assistant Secretary may impose 
a penalty. Among the referenced violations is the mortgagor's failure 
to timely file audited financial reports. See 12 U.S.C. 1735f-
15(c)(1)(B)(x) and 12 U.S.C. 1701q-1(c)(1)(J). Mortgagors are required 
to file annual financial reports within 60 days of the end of the 
mortgagor's fiscal year. These reports must be examined and certified 
by an independent or certified public accountant, and certified by an 
officer of the mortgagor.
    Section 30.45 also provides that the Assistant Secretary may 
delegate his authority under the regulations to a designee. This 
document would make that delegation to the Director of the Enforcement 
Center. This delegation does not affect the authority of the Mortgagee 
Review Board to initiate civil money penalties, as described in 24 CFR 
30.35, or the authority of the Assistant Secretary to initiate civil 
money penalties for violations identified in 12 U.S.C. 1735f-
15(c)(1)(B)(x) and 12 U.S.C. 1701q-1(c)(1)(J).
    Wherefore, the Assistant Secretary for Housing--Federal Housing 
Commissioner delegates authority, as follows:
    Section A. Authority Delegate: The Director of the HUD Enforcement 
Center, as designee, is authorized to take all actions permitted under 
24 CFR Part 30, as they pertain to violations identified in 12 U.S.C. 
1735f-15(c)(1)(B)(x) and 12 U.S.C. 1701q-1(c)(1)(J).
    Section B. Authority to Redelegate: The Director of the Enforcement 
Center is not authorized to redelegate, to another designee, the 
authority delegated under Section A.

    Authority: Section 30.45 of Title 24 of the Code of Federal 
Regulations.

    Dated: September 20, 2000.
William C. Apgar,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 00-27844 Filed 10-30-00; 8:45 am]
BILLING CODE 4210-27-M