[Federal Register: March 13, 2008 (Volume 73, Number 50)]
[Rules and Regulations]
[Page 13721-13723]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr08-10]
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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
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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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Accordingly, for the reasons described in the preamble, HUD amends 24
CFR parts 17 and 180, as follows:
PART 17--ADMINISTRATIVE CLAIMS
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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
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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).
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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]
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5. In Sec. 180.200, remove the second sentence.
0
6. Amend Sec. 180.210 as follows:
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a. In paragraph (a), revise the reference to ``Chief ALJ'' to read
``Director of the Office of Hearings and Appeals''; and
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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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