[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Notices]
[Pages 79945-79946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33039]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4572-D-21]


Delegation of Authority to the General Counsel Regarding Civil 
Money Penalty Actions for Certain Violations Under the National Housing 
Act

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

ACTION: Notice of delegation of authority.

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SUMMARY: In this notice, the Assistant Secretary for Housing-Federal 
Housing Commissioner is delegating authority to the General Counsel of 
HUD to take civil money penalty actions against participants in 
mortgages or loans insured under the National Housing Act for certain 
violations, along with the power to redelegate that authority. 
Elsewhere in today's Federal Register is a notice of a redelegation 
from the General Counsel that will enable the Director of the HUD 
Departmental Enforcement Center (DEC) to take these actions as well.

EFFECTIVE DATE: September 12, 2002.

FOR FURTHER INFORMATION CONTACT: Dane M. Narode, Deputy Chief Counsel, 
Administrative Proceeding Branch, Departmental Enforcement Center, 
Department of Housing and Urban Development, Portals Building, 1250 
Maryland Avenue, Suite 200, Washington, DC 20024, (202) 708-2350. 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 30.36 authorize 
the Assistant Secretary for Housing-Federal Housing Commissioner, or 
the Assistant Secretary's designee, to initiate a civil money penalty 
action against any principal, officer or employee of a mortgagee or 
lender, or other participant, in either a mortgage

[[Page 79946]]

insured under the National Housing Act (Act) or any loan that is 
covered by a contract of insurance under title I of the Act, or any 
provider of assistance to a borrower in connection with any such 
mortgage or loan, including: sellers, borrowers, closing agents, title 
companies, real estate agents, mortgage brokers, appraisers, loan 
correspondents, dealers, consultants, contractors, subcontractors and 
inspectors. Section 30.36 also identifies the violations for which the 
Assistant Secretary for Housing-Federal Housing Commissioner may impose 
a penalty. See also 12 U.S.C. 1735f-14.
    Today's notice announces the decision to delegate the enforcement 
authority in 24 CFR 30.36(a) to the General Counsel, along with the 
power to redelegate that authority. The DEC is responsible for carrying 
out a wide range of HUD enforcement activities. Because the DEC has 
been recently placed under the Office of the General Counsel, the 
General Counsel is, in turn, redelegating the authority to the Director 
of the DEC. The redelegation from the General Counsel also appears in 
today's Federal Register.
    Finally, this delegation of authority, noticed today, does not 
affect the authority of the Mortgagee Review Board, described in 24 CFR 
30.35, or the Assistant Secretary for Housing to initiate civil money 
penalty actions.
    Accordingly, the Assistant Secretary for Housing--Federal Housing 
Commissioner hereby retains and delegates authority as follows:
    Section A. Authority Delegated: The General Counsel is hereby 
delegated the authority to take all actions permitted under 24 CFR 
30.36. The authority delegated does not include authority to waive any 
regulations issued under the authority of the Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Section B. Authority to Redelegate: The General Counsel is 
authorized to redelegate the authority described in section A.
    Section C: The Assistant Secretary may revoke the authority 
authorized herein, in whole or in part, at any time.

    Authority: Section 30.36 of title 24 of the Code of Federal 
Regulations.

    Dated: September 12, 2002.
John C. Weicher,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 02-33039 Filed 12-30-02; 8:45 am]
BILLING CODE 4210-27-P