[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Rules and Regulations]
[Pages 13722-13723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5021]



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Part IV





Department of Housing and Urban Development





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24 CFR Parts 17 and 180



HUD Office of Hearings and Appeals; Conforming Changes To Reflect 
Organization Regulations; Final Rule

  Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Rules 
and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 17 and 180

[Docket No. FR-5185-F-01]
RIN 2501 AD35


HUD Office of Hearings and Appeals; Conforming Changes To Reflect 
Organization Regulations

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: This final rule revises HUD's regulations to reflect the 
organization of HUD's Office of Hearings and Appeals (OHA). HUD has 
established the Office of Hearings and Appeals within the Office of the 
Secretary. As a result of the organization of the OHA, the position of 
the Chief Administrative Law Judge (Chief ALJ) has been eliminated. 
This rule makes conforming changes to HUD regulations to reflect this 
change.

DATES: Effective Date: April 14, 2008.

FOR FURTHER INFORMATION CONTACT: David T. Anderson, Director, Office of 
Hearings and Appeals, Department of Housing and Urban Development, 1707 
H Street, NW., Eleventh Floor, Washington, DC 20006; telephone number 
(202) 254-0000 (this is not a toll-free number). Hearing- or speech-
impaired individuals may access this telephone number via TTY by 
calling the toll-free Federal Information Relay Service at (800) 877-
8339.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 847 of Title VIII of the National Defense Authorization Act 
of Fiscal Year 2006 (Pub. L. 109-613, approved January 6, 2006) (2006 
NDA Act) established the Civilian Board of Contract Appeals within the 
General Services Administration and gave it jurisdiction to decide 
contract disputes from several civilian agencies. The 2006 NDA Act 
simultaneously terminated the Boards of Contract Appeals of eight 
federal agencies, including HUD.
    Because of the statutory transfer of contract appeals adjudicatory 
responsibilities, and to provide for the non-procurement contract 
dispute functions performed by the HUD Board of Contract Appeals, HUD 
has established an Office of Hearings and Appeals (OHA) within the 
Office of the Secretary. OHA consists of two separate divisions, under 
the supervision of the director of OHA: The existing Office of 
Administrative Law Judges and the Office of Appeals.

II. This Final Rule

    This final rule updates HUD's regulations in 24 CFR part 17, 
subpart C and 24 CFR part 180, to conform them to the establishment of 
OHA. Part 17 contains HUD's policies and procedures governing 
administrative claims, and subpart C of those regulations govern the 
collection of claims by the government. HUD's regulations at 24 CFR 
part 180 contain the consolidated hearing procedures for civil rights 
matters.
    These HUD regulations contain outdated references to HUD's Chief 
Administrative Law Judge. That title and position are now obsolete 
since the establishment of OHA. This final rule updates the HUD 
regulations to reflect this change.

III. 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 Sec.  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 procedures of OHA. The 
regulatory amendments made by the final rule are technical and non-
substantive in nature, limited to updating the terminology used in 
HUD's regulations governing administrative hearings. This rule does not 
affect the rights or obligations of members of the public, and 
therefore public comment may be omitted pursuant to Sec.  10.1.

IV. Findings and Certifications

Impact on Small Entities

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements, unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. This final rule does 
not establish new procedures that would need to be complied with by 
small entities. Nor does the rule change the procedures that all 
entities, small and large, must adhere to in the course of certain 
hearings and appellate review processes. Rather, this final rule makes 
technical, non-substantive changes to HUD's administrative hearing 
regulations. Accordingly, the undersigned certifies that this final 
rule would not have a significant economic impact on a substantial 
number of small entities.

Environmental Impact

    This proposed 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.

24 CFR Part 180

    Administrative practice and procedure, Aged, Civil rights, Fair 
housing, Individuals with disabilities, Investigations, Mortgages, 
Penalties, Reporting and recordkeeping requirements.


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0
Accordingly, for the reasons described in the preamble, HUD amends 24 
CFR parts 17 and 180, as follows:

PART 17--ADMINISTRATIVE CLAIMS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 5 U.S.C. 5514; 31 U.S.C. 3701, 3711, 3716-3720E; and 
42 U.S.C. 3535(d).

Subpart C--Procedures for the Collection of Claims by the 
Government

0
2. The authority citation for subpart C continues to read as follows:

    Authority: 5 U.S.C. 5514; 31 U.S.C. 3701, 3711, 3716-3720E; and 
42 U.S.C. 3535(d).


0
3. Revise the first sentence in Sec.  17.140 to read as follows:


Sec.  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, 409 3rd Street, 
SW., 2nd Floor, Washington, DC 20024, on official work days between the 
hours of 8:45 a.m. and 5:15 p.m. * * *

PART 180--CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS 
MATTERS

0
4. The authority citation for 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.


Sec.  180.200  [Amended]

0
5. In Sec.  180.200, remove the second sentence.

0
6. Amend Sec.  180.210 as follows:
0
a. In paragraph (a), revise the reference to ``Chief ALJ'' to read 
``Director of the Office of Hearings and Appeals''; and
0
b. Revise paragraph (c), to read as follows:


Sec.  180.210  Withdrawal or disqualification of ALJ.

* * * * *
    (c) Redesignation of ALJ. If an ALJ is disqualified, another ALJ 
shall be designated to preside over further proceedings.

0
7. In Sec.  180.315(b), revise the next to the last sentence to read as 
follows:


Sec.  180.315  Standards of conduct.

* * * * *
    (b) * * * An attorney who is suspended or barred from participation 
may appeal to another ALJ designated by the Director of the Office of 
Hearings and Appeals. * * *

0
8. Revise Sec.  180.410(c) to read as follows:


Sec.  180.410  Charges under the Fair Housing Act.

* * * * *
    (c) Election of judicial determination. If the complainant, the 
respondent, or the aggrieved person on whose behalf a complaint was 
filed makes a timely election to have the claims asserted in the charge 
decided in a civil action under 42 U.S.C. 3612(o), the administrative 
proceeding shall be dismissed.
* * * * *

0
9. In Sec.  180.445, revise paragraph (a) and in paragraphs (b)(2) and 
(c) revise the references to ``Chief ALJ'' to read ``presiding ALJ'' to 
read as follows:


Sec.  180.445  Settlement negotiations before a settlement judge.

    (a) Appointment of settlement judge. The ALJ, upon the motion of a 
party or upon his or her own motion, may request the Director of the 
Office of Hearings and Appeals to appoint another ALJ to conduct 
settlement negotiations. The order shall direct the settlement judge to 
report to the presiding ALJ within specified time periods.
* * * * *

0
10. Revise Sec.  180.545(b) and (c) to read as follows:


Sec.  180.545  Subpoenas.

* * * * *
    (b) Issuance of subpoena. Upon the written request of a party, the 
presiding ALJ or other designated ALJ may issue a subpoena requiring 
the attendance of a witness for the purpose of giving testimony at a 
deposition or hearing and requiring the production of relevant books, 
papers, documents or tangible things.
    (c) Time of request. Requests for subpoenas in aid of discovery 
must be submitted in time to permit the conclusion of discovery 15 days 
before the date scheduled for the hearing. If a request for subpoenas 
of a witness for testimony at a hearing is submitted three days or less 
before the hearing, the subpoena shall be issued at the discretion of 
the presiding ALJ, or other designated ALJ as appropriate.
* * * * *

    Dated: March 5, 2008.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E8-5021 Filed 3-12-08; 8:45 am]
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