HUD 24 CFR PART 10-2011 RULEMAKING POLICY AND PROCEDURES《立法 政策和规程》.pdf

1、170 24 CFR Subtitle A (4111 Edition) Pt. 10 it needs additional information from the complainant, it shall have 60 days from the date it receives the additional information to make its determination on the appeal. (j) The time limits cited in para-graphs (g) and (i) of this section may be extended w

2、ith the permission of the Assistant Attorney General. (k) The agency may delegate its au-thority for conducting complaint in-vestigations to other Federal agencies, except that the authority for making the final determination may not be delegated to another agency. PART 10RULEMAKING: POLICY AND PROC

3、EDURES Subpart AGeneral Sec. 10.1 Policy. 10.2 Definitions. 10.3 Applicability. 10.4 Rules docket. Subpart BProcedures 10.6 Initiation of rulemaking. 10.7 Advance Notice of Proposed Rule-making. 10.8 Notice of proposed rulemaking. 10.10 Participation by interested persons. 10.12 Additional rulemakin

4、g proceedings. 10.14 Hearings. 10.16 Adoption of a final rule. 10.18 Petitions for reconsideration. 10.20 Petition for rulemaking. AUTHORITY: 42 U.S.C. 3535(d). SOURCE: 44 FR 1606, Jan. 5, 1979, unless oth-erwise noted. Subpart AGeneral 10.1 Policy. It is the policy of the Department of Housing and

5、Urban Development to provide for public participation in rule-making with respect to all HUD pro-grams and functions, including matters that relate to public property, loans, grants, benefits, or contracts even though such matters would not other-wise be subject to rulemaking by law or Executive pol

6、icy. The Department therefore publishes notices of proposed rulemaking in the FEDERAL REGISTER and gives interested persons an oppor-tunity to participate in the rulemaking through submission of written data, views, and arguments with or without opportunity for oral presentation. It is the policy of

7、 the Department that its notices of proposed rulemaking are to afford the public not less than sixty days for submission of comments. For some rules the Secretary will employ additional methods of inviting public participation. These methods include, but are not limited to, publishing Ad-vance Notic

8、es of Proposed Rulemaking (ANPR), conducting public surveys, and convening public forums or panels. An ANPR will be used to solicit public comment early in the rulemaking proc-ess for significant rules unless the Sec-retary grants an exception based upon legitimate and pressing time con-straints. Un

9、less required by statute, notice and public procedure will be omitted if the Department determines in a particular case or class of cases that notice and public procedure are impracticable, unnecessary or contrary to the public interest. In a particular case, the reasons for the determination shall

10、be stated in the rulemaking docu-ment. Notice and public procedure may also be omitted with respect to state-ments of policy, interpretative rules, rules governing the Departments orga-nization or its own internal practices or procedures, or if a statute expressly so authorizes. A final substantive

11、rule will be published not less than 30 days before its effective date, unless it grants or recognizes an exemption or relieves a restriction or unless the rule itself states good cause for taking ef-fect upon publication or less than 30 days thereafter. Statements of policy and interpretative rules

12、 will usually be made effective on the date of publica-tion. 44 FR 1606, Jan. 5, 1979, as amended at 47 FR 56625, Dec. 20, 1982 10.2 Definitions. (a) Rule or Regulation means all or part of any Departmental statement of general or particular applicability and future effect designed to: (1) Imple-men

13、t, interpret, or prescribe law or policy, or (2) describe the Departments organization, or its procedure or prac-tice requirements. The term regulation is sometimes applied to a rule which has been published in the Code of Fed-eral Regulations. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000

14、Frm 00180 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-171 Office of the Secretary, HUD 10.8 (b) Rulemaking means the Depart-mental process for considering and for-mulatin

15、g the issuance, modification, or repeal of a rule. (c) Secretary means the Secretary or the Under Secretary of Housing and Urban Development, or an official to whom the Secretary has expressly dele-gated authority to issue rules. 10.3 Applicability. (a) This part prescribes general rule-making proce

16、dures for the issuance, amendment, or repeal of rules in which participation by interested persons is required by 5 U.S.C. or by Department policy. (b) The authority to issue rules, dele-gated by the Secretary, may not be re-delegated unless expressly permitted. (c) This part is not applicable to a

17、de-termination by HUD under 24 CFR part 966 (public housing) or 24 CFR part 950 (Indian housing) that the law of a juris-diction requires that, prior to eviction, a tenant be given a hearing in court which provides the basic elements of due process (due process determina-tion). 44 FR 1606, Jan. 5, 1

18、979, as amended at 61 FR 13273, Mar. 26, 1996 10.4 Rules docket. (a) All documents relating to rule-making procedures including but not limited to advance notices of proposed rulemaking, notices of proposed rule-making, written comments received in response to notices, withdrawals or ter-minations o

19、f proposed rulemaking, pe-titions for rulemaking, requests for oral argument in public participation cases, requests for extension of time, grants or denials of petitions or re-quests, transcripts or minutes of infor-mal hearings, final rules and general notices are maintained in the Rules Docket Ro

20、om (Room 5218), Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410. All public rulemaking comments should refer to the docket number which appears in the heading of the rule and should be addressed to the Rules Docket Clerk, Room 5218, De-partment of Housing and U

21、rban Devel-opment, 451 7th Street, SW., Wash-ington, DC 20410. (b) Documents relating to rule-making proceedings are public records. After a docket is established, any per-son may examine docketed material at any time during regular business hours, and may obtain a copy of any docketed material upon

22、 payment of the prescribed fee. (See part 15 of this title). Subpart BProcedures 10.6 Initiation of rulemaking. Rulemaking proceedings may be ini-tiated on the Secretarys motion, or on the recommendation of a Federal, State, or local government or govern-ment agency, or on the petition of any intere

23、sted person. 10.7 Advance Notice of Proposed Rulemaking. An Advance Notice of Proposed Rule-making issued in accordance with 10.1 of this part is published in the FEDERAL REGISTER and briefly outlines: (a) The proposed new program or pro-gram changes, and why they are need-ed; (b) The major policy i

24、ssues involved; (c) A request for comments, both spe-cific and general, as to the need for the proposed rule and the provisions that the rule might include; (d) If appropriate, a list of questions about the proposal that will elicit de-tailed comments; (e) If known, an estimate of the re-porting or

25、recordkeeping requirements, if any, that the rule would impose; and (f) Where comments should be ad-dressed and the time within which they must be submitted. 10.8 Notice of proposed rulemaking. Each notice of proposed rulemaking required by statute or by 10.1 is pub-lished in the FEDERAL REGISTER an

26、d in-cludes: (a) The substance or terms of the pro-posed rule or a description of the sub-ject matter and issues involved; (b) A statement of how and to what extent interested persons may partici-pate in the proceeding; (c) Where participation is limited to written comments, a statement of the time

27、within which such comments must be submitted; VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00181 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-172 24 CFR Subt

28、itle A (4111 Edition) 10.10 (d) A reference to the legal authority under which the proposal is issued; and (e) In a proceeding which has pro-vided Advance Notice of Proposed Rulemaking, an analysis of the prin-cipal issues and recommendations raised by the comments, and the man-ner in which they hav

29、e been addressed in the proposed rulemaking. 10.10 Participation by interested per-sons. (a) Unless the notice otherwise pro-vides, any interested person may par-ticipate in rulemaking proceedings by submitting written data, views or argu-ments within the comment time stated in the notice. In additi

30、on, the Sec-retary may permit the filing of com-ments in response to original com-ments. (b) In appropriate cases, the Sec-retary may provide for oral presen-tation of views in additional pro-ceedings described in 10.12. 10.12 Additional rulemaking pro-ceedings. The Secretary may invite interested p

31、ersons to present oral arguments, ap-pear at informal hearings, or partici-pate in any other procedure affording opportunity for oral presentation of views. The transcript or minutes of such meetings, as appropriate, will be kept and filed in the Rules Docket. 10.14 Hearings. (a) The provisions of 5

32、 U.S.C. 556 and 557, which govern formal hearings in adjudicatory proceedings, do not apply to informal rule making proceedings described in this part. When oppor-tunity is afforded for oral presentation, such informal hearing is a non-adversary, fact-finding proceeding. Any rule issued in a proceed

33、ing under this part in which a hearing is held is not based exclusively on the record of such hearing. (b) When a hearing is provided, the Secretary will designate a representa-tive to conduct the hearing, and if the presence of a legal officer is desirable, the General Counsel will designate a staf

34、f attorney to serve as the officer. 10.16 Adoption of a final rule. All timely comments are considered in taking final action on a proposed rule. Each preamble to a final rule will contain a short analysis and evaluation of the relevant significant issues set forth in the comments submitted, and a c

35、lear concise statement of the basis and purpose of the rule. 10.18 Petitions for reconsideration. Petitions for reconsideration of a final rule will not be considered. Such petitions, if filed, will be treated as pe-titions for rulemaking in accordance with 10.20. 10.20 Petition for rulemaking. (a)

36、Any interested person may peti-tion the Secretary for the issuance, amendment, or repeal of a rule. Each petition shall: (1) Be submitted to the Rules Docket Clerk, Room 5218, Department of Hous-ing and Urban Development, Wash-ington, DC 20410; (2) Set forth the text of substance of the rule or amen

37、dment proposed or specify the rule sought to be repealed; (3) Explain the interest of the peti-tioner in the action sought; and (4) Set forth all data and arguments available to the petitioner in support of the action sought. (b) No public procedures will be held directly on the petition before its

38、dis-position. If the Secretary finds that the petition contains adequate justifica-tion, a rulemaking proceeding will be initiated or a final rule will be issued as appropriate. If the Secretary finds that the petition does not contain ade-quate justification, the petition will be denied by letter o

39、r other notice, with a brief statement of the ground for de-nial. The Secretary may consider new evidence at any time; however, repeti-tious petitions for rulemaking will not be considered. PART 13USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN Sec. 13.1 Purpose. 13.2 Procedures

40、 for obtaining and dissemi-nating data. 13.3 Withdrawal of data. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00182 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-