[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Notices]
[Pages 79944-79945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33042]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4572-D-24]


Redelegation of Authority to the HUD Departmental Enforcement 
Center Regarding Civil Money Penalty Actions for Certain Violations in 
Specified Multifamily Housing Programs

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice of redelegation of authority.

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

SUMMARY: Elsewhere in today's Federal Register is a notice of a 
delegation from the Assistant Secretary for Housing-Federal Housing 
Commissioner to the General Counsel of HUD to take civil money penalty 
actions against multifamily mortgagors and Section 202 mortgagors for 
certain violations, along with the power to redelegate that authority. 
By this action, the General Counsel is redelegating that authority to 
the Director of the HUD Departmental Enforcement Center (DEC) and, 
concurrently, to the Directors of the five DEC Satellite Offices.

EFFECTIVE DATE: September 12, 2002.

FOR FURTHER INFORMATION CONTACT: Herbert L. Goldblatt, Deputy Chief 
Counsel, Program Enforcement Branch, Departmental 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 authorize 
the Assistant Secretary for Housing-Federal Housing Commissioner, or 
the Assistant Secretary's designee, to take a civil money penalty 
action against any mortgagor of a multifamily property with a mortgage 
insured, co-insured or held by the Secretary pursuant to Title II of 
the National Housing Act, or mortgagors of properties with mortgages 
held by the Secretary pursuant to Section 202 of the Housing Act of 
1959. Section 30.45 refers to the statutory provisions enumerating the 
violations for which the Assistant Secretary for Housing-Federal 
Housing Commissioner may impose a penalty upon those mortgagors. See 12 
U.S.C. 1701q-1(b) and (c), and 12 U.S.C. 1735f-15(b) and (c). On 
September 20, 2000, the Assistant Secretary for Housing-Federal Housing 
Commissioner retained and delegated to the Director of the DEC the 
authority to take civil money penalty actions with regard to a 
mortgagor's failure to timely file an annual financial statement, one 
of the statutorily enumerated violations. The delegation was published 
at 65 FR 64981 on October 31, 2000. On January 16, 2001, the Assistant 
Secretary for Housing-Federal Housing Commissioner retained and 
delegated to the Director of the DEC the authority to take civil money 
penalty actions with regard to the remaining statutorily enumerated 
violations. This delegation has not yet been published in the Federal 
Register. Neither the September 20, 2000, delegation, nor the January 
16, 2001, delegation permitted the Director of the DEC to further 
redelegate the 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 Assistant Secretary for Housing-
Federal Housing Commissioner retained and delegated the enforcement 
authority in 24 CFR 30.45 to the General Counsel of HUD on September 
12, 2002, notice of which is published in today's Federal Register. 
That delegation allows the General

[[Page 79945]]

Counsel to redelegate the authority. The General Counsel is, in turn, 
redelegating that authority to the Director of the DEC and, 
concurrently, to the Directors of the five DEC Satellite Offices.
    Accordingly, the General Counsel hereby retains and redelegates 
authority as follows:
    Section A. Redelegation of Authority: The Director of the DEC and 
the Directors of the five DEC Satellite Offices are hereby redelegated 
the authority to take all actions permitted under 24 CFR 30.45. 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 B. Authority to Redelegate: The Director of the DEC and the 
Directors of the five DEC Satellite Offices are not authorized to 
redelegate the authority described in Section A.
    Section C. Revocation of Authority: The General Counsel may revoke 
the authority authorized herein, in whole or part, at any time.

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

    Dated: September 12, 2002.
Richard A. Hauser,
General Counsel.
[FR Doc. 02-33042 Filed 12-30-02; 8:45 am]
BILLING CODE 4210-67-P