HUD 24 CFR PART 1720-2010 FORMAL PROCEDURES AND RULES OF PRACTICE《正式程序和行为规范》.pdf

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1、69 Office of Asst. Sec. for Housing, HUD Pt. 1720 (p) Symbols for conditions. The use of asterisks or any other reference sym-bol or oral parenthetical expression as a means of contradicting or substan-tially changing any previously made statement or as a means of obscuring material facts. (q) Propo

2、sed public facilities. Ref-erences to a proposed public facility unless money has been budgeted for construction of the facility and is available to the public authority hav-ing the responsibility of construction, or unless disclosure of the existing facts concerning the public facility is made. (r)

3、 Non-profit or institutional name use. The use of names or trade styles which imply that the developer is a nonprofit research organization, public bureau, group, etc., when such is not the case. 1715.27 Fair housing. Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601, et seq., and its im-pl

4、ementing regulations and guidelines apply to land sales transactions to the extent warranted by the facts of the transaction. 61 FR 13598, Mar. 27, 1996 1715.30 Persons to whom subpart B is inapplicable. Newspaper or periodical publishers, job printers, broadcasters, or tele-casters, or any of the e

5、mployees there-of, are not subject to this subpart un-less the publishers, printers, broad-casters, or telecasters (a) Have actual knowledge of the fal-sity of the advertisement or (b) Have any interest in the subdivi-sion advertised or (c) Also serve directly or indirectly as the advertising agent

6、or agency for the developer. Subpart CAdvertising Disclaimers 1715.50 Advertising disclaimers; sub-divisions registered and effective with HUD. (a) The following disclaimer state-ment shall be displayed below the text of all printed material and literature used in connection with the sale or lease o

7、f lots in a subdivision for which an effective Statement or Record is on file with the Secretary. If the material or literature consists of more than one page, it shall appear at the bottom of the front page. The disclaimer state-ment shall be set in type of at least ten point font. Obtain the Prope

8、rty Report required by Federal law and read it before signing any-thing. No Federal agency has judged the merits or value, if any, of this property. (b) If the advertising is of a classified type; is not more than five inches long and not more than one column in print wide, the disclaimer statement

9、may be set in type of at least six point font. (c) This disclaimer statement need not appear on billboards, on normal size matchbook folders or business cards which are used in advertising nor in advertising of a classified type which is less than one column in print wide and is less than five inche

10、s long. (d) A developer who is required by any state, or states, to display an ad-vertising disclaimer in the same loca-tion, or one of equal prominence, as that of the federal disclaimer, may combine the wording of the dis-claimers. All of the wording of the fed-eral disclaimer must be included in

11、the resulting combined disclaimer. PART 1720FORMAL PROCEDURES AND RULES OF PRACTICE Subpart ARules and Rulemaking Sec. 1720.1 Scope of rules in this subpart. 1720.5 Initiation of rulemaking. 1720.10 Investigations and conferences. 1720.15 Notice. 1720.20 Promulgation of rules and regula-tions. 1720.

12、25 Effective date of rules and regula-tions. Subpart BFiling Assistance 1720.30 Scope of this subpart. 1720.35 Prefiling assistance. 1720.40 Processing of filings. Subpart C Reserved Subpart DAdjudicatory Proceedings GENERAL PROVISIONS 1720.105 Scope of rules in this subpart. VerDate Mar2010 14:09 M

13、ay 05, 2010 Jkt 220081 PO 00000 Frm 00079 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-,-,-70 24 CFR Ch. X (4110 Edition) 1720.1 1720.110 Applicability of sections of th

14、is subpart. 1720.115 Department representative. 1720.120 Qualification for appearances. 1720.125 Public nature and timing of hear-ings. 1720.130 Restrictions on appearances as to former officers and employees. 1720.135 Standards of practice. 1720.140 Administrative law judge, powers and duties. 1720

15、.145 Disqualification of administrative law judge. 1720.150 Failure to comply with administra-tive law judges directions. 1720.155 Ex parte communications. 1720.160 Form and filing requirements. 1720.165 Time computation. 1720.170 Service. 1720.175 Intervention by interested persons. 1720.180 Settle

16、ments. PLEADINGS 1720.205 Suspension notice under 1710.45(a) of this chapter. 1720.210 Hearingssuspension notice pursu-ant to 1710.45(a) of this chapter. 1720.215 Notice of proceedings pursuant to 1710.45(b)(1) of this chapter. 1720.220 Hearingsnotice of proceedings pursuant to 1710.45(b)(1) of this

17、 chapter. 1720.225 Suspension order under 1710.45(b)(2) of this chapter. 1720.230 Suspension order under 1710.45(b)(3) of this chapter. 1720.235 Hearingssuspension orders issued pursuant to 1710.45(b)(2) and 1710.45(b)(3) of this chapter. 1720.236 Notice of proceedings to withdraw a States certifica

18、tion pursuant to 1710.505 of this chapter. 1720.237 Hearingsnotice of proceedings pursuant to 1710.505 of this chapter. 1720.238 Notices of proceedings to terminate exemptions pursuant to 1710.14, 1710.15 and 1710.16 of this chapter. 1720.239 Hearingsnotice of proceedings pursuant to 1710.14, 1710.1

19、5 and 1710.16 of this chapter. 1720.240 Time for filing answer. 1720.245 Content of answer. 1720.250 Presumption of hearing request. 1720.255 Amendments and supplemental pleadings. 1720.260 Prehearing conferences. 1720.265 Reportingprehearing conferences. MOTIONS 1720.305 Motionsfiling requirements.

20、 1720.310 Answers to motions. 1720.315 Motions for more definite state-ment. 1720.320 Motions for extension of time. 1720.325 Motions for dismissal. 1720.330 Motions to limit or quash. 1720.335 Consolidation. DISCOVERY AND EVIDENCE 1720.405 Depositions and discovery. 1720.410 Subpoenas ad testifican

21、dum. 1720.415 Subpoenas duces tecum. 1720.420 Rulings on applications for compul-sory process; appeals. 1720.425 Presentation and admission of evi-dence. 1720.430 Production of witnesses state-ments. 1720.435 Official notice. HEARINGS 1720.505 Interlocutory review of administra-tive law judges decis

22、ion. 1720.510 Reporting and transcription. 1720.515 Corrections. 1720.520 Proposed findings, conclusions, and order. 1720.525 Decision of administrative law judge. 1720.530 Decision of administrative law judgecontent. 1720.535 Reopening of proceeding; termi-nation of jurisdiction. APPEALS 1720.605 A

23、ppeal from decision of administra-tive law judge. 1720.610 Answering brief. 1720.615 Reply brief. 1720.620 Length and form of briefs. 1720.625 Oral argument. 1720.630 Decision on appeal or review. 1720.635 Appeals officer. AUTHORITY: 15 U.S.C. 1718; 42 U.S.C. 3535(d). SOURCE: 43 FR 29496, July 7, 19

24、78, unless otherwise noted. Subpart ARules and Rulemaking 1720.1 Scope of rules in this subpart. The rules in this subpart apply to and govern procedures for the promulga-tion of rules and regulations under the Act. The rules in this subpart do not apply to interpretative rules, general statements o

25、f policy, rules of organiza-tion procedure or practice or in any situation in which the Secretary for good cause finds (and incorporates the findings and brief statement of the rea-sons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary or con-trary

26、 to the public interest. 1720.5 Initiation of rulemaking. (a) The issuance, amendment or re-peal of any rule or regulation may be VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00080 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for

27、ResaleNo reproduction or networking permitted without license from IHS-,-,-71 Office of Asst. Sec. for Housing, HUD 1720.25 proposed upon the initiative of the Sec-retary or upon the petition of any in-terested person showing reasonable grounds therefor. (b) Petitions for rulemaking by inter-ested p

28、ersons filed under this section: (1) Shall be identified as a petition for rulemaking under this subpart; (2) Shall explain the interest of the petitioner in the action requested; (3) Shall set forth the text or sub-stance of the rule or amemdment pro-posed or specify the rule that the peti-tioner s

29、eeks to have repealed, as the case may be; (4) Shall contain any information and arguments available to the petitioner to support the action sought; and (5) Shall be filed with the Rules Docket Clerk, Office of General Coun-sel, Department of Housing and Urban Development, Room 5218, 451 Seventh Str

30、eet SW., Washington, DC 20410. (c) The Secretary shall respond to a petition submitted under this section within 180 days of receipt thereof, ex-cept that this time limit may be ex-ceeded for good cause found and com-municated to the petitioner. The Sec-retarys normal response shall be to grant or d

31、eny the petition but alter-natively, the Secretary may schedule a public hearing or other appropriate proceeding prior to the granting or de-nial of a petition. If the Secretary grants the petition, the Secretary shall publish a proposed rule in accordance with the petition and a copy of the pro-pos

32、ed rule shall be furnished to the pe-titioner. If the Secretary denies the pe-tition, the Secretary shall notify the petitioner within 7 days after such de-nial. 1720.10 Investigations and con-ferences. (a) In connection with a rulemaking proceeding, the Secretary may conduct such investigations, ma

33、ke such studies, and hold such conferences as are nec-essary. Investigations in connection with a rulemaking may be conducted in accordance with the general inves-tigatory procedures under part 3800 of this chapter. (b) At any such conferences, inter-ested persons may appear to express views and sug

34、gest amendments relative to proposed rules. 61 FR 10442, Mar. 13, 1996 1720.15 Notice. General notice of proposed rule-making shall be published in the FED-ERAL REGISTER and, to the extent prac-ticable, otherwise made available to in-terested persons. Such notice shall state the time, place, and nat

35、ure of public hearings, if any; the authority under which the rule or regulation is proposed; either the terms or substance of the proposed rule or regulation or a description of the subjects and issues involved; and the manner in which in-terested persons shall be afforded the opportunity to partic

36、ipate in the rule-making. If the rulemaking was insti-tuted pursuant to petition, a copy of the notice shall be served on the peti-tioner. 1720.20 Promulgation of rules and regulations. The Secretary, after consideration of all relevant matters of fact, law, pol-icy, and discretion, including all re

37、l-evant matters presented by interested persons in the rulemaking proceedings, shall adopt and publish in the FEDERAL REGISTER an appropriate rule or regu-lation together with a concise general statement of its basis and purpose and any necessary findings; or the Sec-retary shall give other appropri

38、ate public notice of disposition of the rule-making proceeding. 1720.25 Effective date of rules and regulations. The effective date of any rule or reg-ulation or of an amendment, suspen-sion, or repeal of any rule or regulation shall be specified in a notice published in the FEDERAL REGISTER. Such d

39、ate shall not be less than 30 days after the date of such publication unless the Sec-retary specifies an earlier effective date for good cause found and pub-lished with the rule or regulation. VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00081 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081

40、cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-72 24 CFR Ch. X (4110 Edition) 1720.30 Subpart BFiling Assistance 1720.30 Scope of this subpart. The rules in this subpart apply to and govern procedures under wh

41、ich devel-opers may obtain prefiling assistance and be notified of and permitted to cor-rect deficiencies in the Statement of Record. 1720.35 Prefiling assistance. Persons intending to file with the Of-fice of Interstate Land Sales Registra-tion may receive advice of a general nature as to the prepa

42、ration of the fil-ing including information as to proper format to be used and the scope of the items to be included in the format. In-quiries and requests for informal dis-cussions with staff members should be directed to the Administrator, Office of Interstate Land Sales Registration, De-partment

43、of Housing and Urban Devel-opment, 451 Seventh Street SW., Wash-ington, DC 20410. 1720.40 Processing of filings. (a) Statements of Record and accom-panying filing fees will be received on behalf of the Secretary by the Adminis-trator, Office of Interstate Land Sales Registration, for determination o

44、f: (1) Completeness of the statement, (2) Adequacy of the filing fee and (3) Adequacy of disclosure. Where it appears that all three criteria are satisfied and it is otherwise prac-ticable, acceleration of the effective-ness of the Statement of Record will normally be granted. (b) Filings intended a

45、s Statements of Record but which do not comply in form with 1710.105 and 1710.120 of this chapter, whichever is applicable, and Statements of Record accompanied by inadequate filing fees will not be effec-tive to accomplish any purpose under the Act. At the discretion of the Ad-ministrator, such fil

46、ings and any mon-eys accompanying them may be imme-diately returned to the sender or after notification may be held pending the senders appropriate response. (c) Persons filing incomplete or inac-curate Statements of Record will be notified of the deficiencies therein by the Suspension Notice proced

47、ure de-scribed in 1710.45(a) of this chapter. Subpart C Reserved Subpart DAdjudicatory Proceedings GENERAL PROVISIONS 1720.105 Scope of rules in this sub-part. The rules in this subpart are applica-ble to adjudicative proceedings which involve a hearing or opportunity for a hearing under the Interst

48、ate Land Sales Full Disclosure Act. 1720.110 Applicability of sections of this subpart. Succeeding sections of this subpart shall apply to all adjudicatory hearings conducted by OILSR unless specifically limited in applicability by a particular section. 1720.115 Department representative. In each ca

49、se heard before an adminis-trative law judge pursuant to this part, the Department shall be represented by a Department hearing attorney. The General Counsel shall designate one or more attorneys to act as Department hearing attorneys. 1720.120 Qualification for appear-ances. (a) Members of the bar of a Federal Court or of the highest court of any state or of the United States are eligi-ble to practice before the