1、395 Office of Asst. Sec. for Housing, HUD 3800.30 61 FR 13252, Mar. 26, 1996 PART 3800INVESTIGATIONS IN CONSUMER REGULATORY PRO-GRAMS Sec. 3800.10 Scope of rules. 3800.20 Subpoenas in investigations. 3800.30 Subpoena enforcement in district court. 3800.40 Investigational proceedings. 3800.50 Rights
2、of witnesses in investiga-tional proceedings. 3800.60 Settlements. AUTHORITY: 12 U.S.C. 2601 et seq.; 15 U.S.C. 1714; 42 U.S.C. 3535(d) and 5413. SOURCE: 61 FR 10441, Mar. 13, 1996, unless otherwise noted. 3800.10 Scope of rules. This part applies to investigations and investigational proceedings un
3、der-taken by the Secretary, or the Sec-retarys designee, pursuant to the fol-lowing: (a) The Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701 et seq.; (b) The National Manufactured Hous-ing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq.; and (c) The Real Estate Settle
4、ment Pro-cedures Act of 1974, 12 U.S.C. 2601 et seq. 3800.20 Subpoenas in investigations. (a) The Secretary may issue sub-poenas relating to any matter under investigation. A subpoena may: (1) Require testimony to be taken by interrogatories; (2) Require the attendance and testi-mony of witnesses at
5、 a specific time and place; (3) Require access to, examination of, and the right to copy documents; and (4) Require the production of docu-ments at a specific time and place. (b) A subpoenaed person may petition the Secretary or the Secretarys des-ignee to modify or withdraw a sub-poena by filing th
6、e petition within 10 days after service of the subpoena. The petition may be in letter form, but must set forth the facts and law upon which the petition is based. 3800.30 Subpoena enforcement in district court. In the case of contumacy of a witness or a witnesss refusal to obey a sub-poena or order
7、 of the Secretary, the United States district court for the ju-risdiction in which an investigation is carried on may issue an order requiring compliance with the subpoena. HUD headquarters in Washington, DC, is one of the locations in which the Secretary VerDate Mar2010 14:09 May 05, 2010 Jkt 22008
8、1 PO 00000 Frm 00405 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081ER26MR96.002cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-396 24 CFR Ch. XX (4110 Edition) 3800.40 carries on investigations of its con-sumer reg
9、ulatory programs. 3800.40 Investigational proceedings. (a) For the purpose of hearing the testimony of witnesses and receiving documents and other data relating to any subject under investigation, the Secretary, or the Secretarys designee, may conduct an investigational pro-ceeding. (b) The Secretar
10、y, or the Secretarys designee, (presiding official) shall preside over the investigational pro-ceeding. The proceeding shall be steno-graphically or mechanically reported. A transcript shall be a part of the record of the investigation. (c) Unless the presiding official deter-mines otherwise, invest
11、igational pro-ceedings shall be public. (d) The presiding official shall take all necessary action to regulate the course of the proceeding to avoid delay and to maintain order. If necessary to maintain order, the presiding official may exclude a witness or counsel from a proceeding. The Department
12、may also take further action as permitted by statute. 3800.50 Rights of witnesses in inves-tigational proceedings. (a) Any person who testifies at a pub-lic investigational proceeding shall be entitled, on payment of costs, to pur-chase a copy of a transcript of the tes-timony the person provided. (
13、b) In a nonpublic investigational proceeding, the presiding official may for good cause limit a witness to an in-spection of the official transcript of that witnesss testimony. (c) Any person subpoenaed to appear at an investigational proceeding may be represented by counsel as follows: (1) With res
14、pect to any question asked of a witness, a witness may ob-tain confidential advice from counsel; (2) If a witness refuses to answer a question, counsel for the witness may briefly state the legal grounds for the refusal; (3) Counsel for the witness may ob-ject to a question or a request for pro-duct
15、ion of documents that is beyond the scope of the investigation or for which a privilege of the witness to refuse to answer may be invoked. In so doing, counsel for the witness may state briefly the grounds for the objec-tion. Objections will be deemed con-tinuing throughout the course of the proceed
16、ing. Repetitious or cumulative statements of an objection or the grounds for an objection are unneces-sary and impermissible; and (4) After the Departments examina-tion of a witness, counsel for the wit-ness may request that the witness be permitted to clarify any answers to correct any ambiguity, e
17、quivocation, or incompleteness in the witnesss tes-timony. The decision to grant or deny this request is within the sole discre-tion of the presiding official. 3800.60 Settlements. (a) At any time during an investiga-tion, the Department and the parties subject to an investigation may con-duct settl
18、ement negotiations. (b) When the Secretary or Sec-retarys designee deems it appropriate, the Department may enter into a set-tlement agreement. VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00406 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
