HUD 24 CFR PART 20-2011 OFFICE OF HEARINGS AND APPEALS《听证和上诉办公室》.pdf

1、236 24 CFR Subtitle A (4111 Edition) Pt. 20 (b) The Department of Housing and Urban Development may settle or com-promise a personal damage claim against a Department employee by the payment of available funds, at any time, provided the Secretary or his or her designee determines that: (1) The alleg

2、ed conduct giving rise to the personal damage claim was taken within the scope of employment; and (2) That such settlement or com-promise is in the interest of the United States. (c) Absent exceptional cir-cumstances, as determined by the Sec-retary or his or her designee, the De-partment will not e

3、ntertain a request either to agree to indemnify or to set-tle a personal damage claim before entry of an adverse verdict, judgment or monetary award. (d) When an employee of the Depart-ment becomes aware that an action has been filed against the employee in his or her individual capacity as a result

4、 of conduct taken within the scope of his or her employment, the employee should immediately notify his or her supervisor that such an action is pend-ing. The supervisor shall promptly no-tify the head of his or her operating component and the Associate General Counsel for Litigation and Fair Hous-i

5、ng Enforcement, if the supervisor is located at headquarters, or Field As-sistant General Counselwho shall promptly notify the Associate General Counsel for Litigation and Fair Hous-ing Enforcementif the supervisor is located in the field. As used in this sec-tion, the term principal operating compo

6、nent means an office in the De-partment headed by an Assistant Sec-retary, the General Counsel, the In-spector General, or an equivalent de-partmental officer who reports directly to the Secretary. Questions regarding representation of the employee will be determined by the Department of Jus-tice pu

7、rsuant to 28 CFR 50.15 (Rep-resentation of Federal officials and em-ployees by Department of Justice at-torneys or by private counsel furnished by the Department in civil, criminal, and congressional proceedings in which Federal employees are sued, subpoe-naed, or charged in their individual ca-paci

8、ties). (e) The employee may, thereafter, re-quest indemnification to satisfy a ver-dict, judgment or monetary award en-tered against the employee or to com-promise a claim pending against the employee. The employee shall submit a written request, with appropriate docu-mentation including a copy of t

9、he ver-dict, judgment, award or other order or settlement proposal, in a timely man-ner to the head of the employees prin-cipal operating component. The head of the employees principal operating component shall submit the written re-quest and accompanying documenta-tion, together with a recommended

10、dis-position of the request, in a timely manner to the General Counsel. (f) The General Counsel shall seek the views of the Department of Justice on the request. Where the Department of Justice has rendered a decision de-nying representation of the employee pursuant to 28 CFR 50.15, the General Coun

11、sel shall seek the concurrence of the Department of Justice on the re-quest. If the Department of Justice does not concur in the request, the General Counsel shall so advise the em-ployee and no further action on the employees request shall be taken. (g) In all instances except those where the Depar

12、tment of Justice has non-concurred in the request, the Gen-eral Counsel shall forward for decision to the Secretary or his or her designee the employees request, the rec-ommendation of the head of the em-ployees principal operating compo-nent, the views of the Department of Justice, and the General

13、Counsels rec-ommendation. (h) Any payment under this part, ei-ther to indemnify a Department em-ployee or to settle a personal damage claim, is contingent upon the avail-ability of appropriated funds of the De-partment that are permitted by law to be utilized for this purpose. PART 20OFFICE OF HEARI

14、NGS AND APPEALS Sec. 20.1 Establishment of the Office of Hearings and Appeals. 20.3 Location, organization, and officer qualifications. 20.5 Jurisdiction of Office of Appeals. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KY

15、BLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-237 Office of the Secretary, HUD Pt. 21 AUTHORITY: 42 U.S.C. 3535(d). SOURCE: 72 FR 53878, Sept. 20, 2007, unless otherwise noted. 20.1 Establishment of the Office of Hearings and Appea

16、ls. There is established in the Office of the Secretary the Office of Hearings and Appeals. 20.3 Location, organization, and offi-cer qualifications. (a) Mailing address. The Office of Hearings and Appeals is located at the U.S. Department of Housing and Urban Development, 451 7th Street, SW., Room

17、B133, Washington, DC 20410. (b) Location. For deliveries, the Office of Hearings and Appeals is physically located at 409 Third Street, SW., Suite 201, Washington, DC 20024. The tele-phone number of the Office of Hearings and Appeals is 2022540000. Hearing- or speech-impaired individuals may ac-cess

18、 this number via TTY by calling the toll-free Federal Information Relay Service at 8008778339. The facsimile number is 2026197304. (c) Organization. The Office of Hear-ings and Appeals consists of two divi-sions: the Office of Administrative Law Judges and the Office of Appeals. Its administrative a

19、ctivities are super-vised by the Director of the Office of Hearings and Appeals. (d) Officer qualifications. The Direc-tor, Administrative Judges, and Ad-ministrative Law Judges of the Office of Hearings and Appeals shall be attor-neys at law duly licensed by any state, commonwealth, territory, or t

20、he Dis-trict of Columbia. 72 FR 53878, Sept. 20, 2007, as amended at 74 FR 4635, Jan. 26, 2009 20.5 Jurisdiction of Office of Appeals. The Office of Appeals shall, con-sistent with statute and regulation, have jurisdiction over matters assigned to it by the Secretary or designee. De-terminations sha

21、ll have the finality provided by the applicable statute, reg-ulation, or agreement. PART 21GOVERNMENTWIDE RE-QUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) Subpart APurpose and Coverage Sec. 21.100 What does this part do? 21.105 Does this part apply to me? 21.110 Are any of my federal assistance awards

22、 exempt from this part? 21.115 Does this part affect the federal con-tracts that I receive? Subpart BRequirements for Recipients Other Than Individuals 21.200 What must I do to comply with this part? 21.205 What must I include in my drug-free workplace statement? 21.210 To whom must I distribute my

23、drug- free workplace statement? 21.215 What must I include in my drug-free awareness program? 21.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? 21.225 What actions must I take concerning employees who are convicted of drug vio-lations in the

24、 workplace? 21.230 How and when must I identify work-places? Subpart CRequirements for Recipients Who Are Individuals 21.300 What must I do to comply with this part if I am an individual recipient? 21.301 Reserved Subpart DResponsibilities of HUD Awarding Officials 21.400 What are my responsibilitie

25、s as a HUD awarding official? Subpart EViolations of This Part and Consequences 21.500 How are violations of this part deter-mined for recipients other than individ-uals? 21.505 How are violations of this part deter-mined for recipients who are individuals? 21.510 What actions will the federal gover

26、n-ment take against a recipient deter-mined to have violated this part? 21.515 Are there any exceptions to those ac-tions? Subpart FDefinitions 21.605 Award. 21.610 Controlled substance. 21.615 Conviction. 21.620 Cooperative agreement. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-