[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Notices]
[Pages 11880-11881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5602]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. 4837-D-47]


Redelegation of Authority to the General Counsel Regarding 
Authority To Initiate Civil Money Penalty Actions Under Certain Civil 
Money Penalty Regulations and To Issue Notice of Violation of a 
Regulatory Agreement and Notice of Default of a Housing Assistance 
Payments Contract

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

ACTION: Notice.

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SUMMARY: On August 20, 2003, HUD's Assistant Secretary for Housing-
Federal Housing Commissioner published a notice that redelegated 
certain authority to other HUD officials, including HUD's General 
Counsel. In this notice, the Assistant Secretary for Housing clarifies 
and supplements the authority redelegated to the General Counsel in the 
August 20, 2003, notice.

EFFECTIVE DATE: March 5, 2004.

FOR FURTHER INFORMATION CONTACT: Eliot C. Horowitz, Senior Advisor to 
the Assistant Secretary for Housing-Federal Housing Commissioner, 
Office of Housing, Department of Housing and Urban Development, Room 
9110, 451 Seventh Street, SW., Washington, DC 20410, phone (202) 708-
0614, extension 2125. This is not a toll free number. For persons with 
hearing or speech impairments, the number may be accessed by TYY 
calling the Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: In administering HUD's housing and section 8 
housing assistance payments programs, the Assistant Secretary for 
Housing-Federal Housing Commissioner has authority to issue a notice of 
violation of a regulatory agreement on a HUD multifamily housing 
project or property, and a notice of default of a housing assistance 
payments contract. The Assistant Secretary for Housing also has 
authority to impose civil money penalties for certain contractual 
violations and for violations of certain program requirements.
    On August 20, 2003, the Assistant Secretary for Housing published a 
redelegation of authority (68 FR 50173-50174) that redelegated to HUD's 
General Counsel the authority to issue a notice of violation of a 
regulatory agreement and a notice of default of a housing assistance 
payments contract. The preamble to that redelegation of authority 
explained the process by which such notices are issued and described 
the consequences that may result when regulatory agreement violations 
and housing assistance payments contract defaults are not remedied. The 
August 20, 2003, notice also redelegated authority to the General 
Counsel to take all available actions under civil money penalty 
regulations at 24 CFR 30.45, 30.36, and 30.68.
    Since the redelegation of authority was published on August 20, 
2003, it was determined that certain language may have been better 
stated for clarity purposes to clearly reflect that the General Counsel 
has been redelegated authority described above. To clarify any 
ambiguity as to the nature of the authority that has been redelegated, 
the Assistant Secretary for Housing is issuing this redelegation. The 
authority redelegated to the General Counsel herein may be further 
redelegated.
    Accordingly, the Assistant Secretary for Housing-Federal Housing 
Commissioner hereby retains and redelegates authority as follows:

[[Page 11881]]

    Section A. Redelegation of Authority: Authority is redelegated to 
the General Counsel to issue a notice of violation under the terms of a 
regulatory agreement and a notice of default under the terms of a 
housing assistance payments contract. Authority is redelegated to the 
General Counsel to take all actions permitted under 24 CFR 30.45, 
30.36, and 30.68.
    Section B. Further Redelegation: The General Counsel is authorized 
to redelegate the authority described in Section A.
    Section C. Authority Excepted: The authority redelegated does not 
include authority to waive any regulations issued under the authority 
of the Assistant Secretary for Housing-Federal Housing Commissioner.
    Section D. Revocation of Authority: The Assistant Secretary for 
Housing-Federal Housing Commissioner may revoke the authority 
authorized herein, in whole or in part, at any time.

    Authority: Section 7(d) of the Department of Housing and Urban 
Development Act (42 U.S.C. 3535(d)).

    Dated: March 5, 2004.
John C. Weicher,
Assistant Secretary-Federal Housing Commissioner.
[FR Doc. 04-5602 Filed 3-11-04; 8:45 am]
BILLING CODE 4210-27-P