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§ 1715. —  Administration.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 15USC1715]

 
                      TITLE 15--COMMERCE AND TRADE
 
                    CHAPTER 42--INTERSTATE LAND SALES
 
Sec. 1715. Administration


(a) Delegation of functions, duties, and powers; scope of delegations; 
        appointment, etc., of delegates; right of appeal

    The authority and responsibility for administering this chapter 
shall be in the Secretary of Housing and Urban Development who may 
delegate any of his functions, duties, and powers to employees of the 
Department of Housing and Urban Development or to boards of such 
employees, including functions, duties, and powers with respect to 
investigating, hearing, determining, ordering, or otherwise acting as to 
any work, business, or matter under this chapter. The persons to whom 
such delegations are made with respect to hearing functions, duties, and 
powers shall be appointed and shall serve in the Department in 
compliance with sections 3105, 3344, 5372, and 7521 of title 5. The 
Secretary shall by rule prescribe such rights of appeal from the 
decisions of his administrative law judges to other administrative law 
judges or to other officers in the Department, to boards of officers or 
to himself, as shall be appropriate and in accordance with law.

(b) Hearings

    All hearings shall be public and appropriate records thereof shall 
be kept, and any order issued after such hearing shall be based on the 
record made in such hearing which shall be conducted in accordance with 
the provisions of subchapter II of chapter 5, and chapter 7, of title 5.

(c) Procedures applicable

    The Secretary shall conduct all actions with respect to rulemaking 
or adjudication under this chapter in accordance with the provisions of 
chapter 5 of title 5. Notice shall be given of any adverse action or 
final disposition and such notice and the entry of any order shall be 
accompanied by a written statement of supporting facts and legal 
authority.

(Pub. L. 90-448, title XIV, Sec. 1416, Aug. 1, 1968, 82 Stat. 597; Pub. 
L. 95-251, Sec. 2(a)(5), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-454, 
title VIII, Sec. 801(a)(3)(J), Oct. 13, 1978, 92 Stat. 1222; Pub. L. 96-
153, title IV, Sec. 407, Dec. 21, 1979, 93 Stat. 1131; Pub. L. 98-479, 
title II, Sec. 202(d), Oct. 17, 1984, 98 Stat. 2228.)


                               Amendments

    1984--Subsec. (b). Pub. L. 98-479 substituted ``subchapter II of 
chapter 5, and chapter 7, of title 5'' for ``the Administrative 
Procedure Act''.
    1979--Subsec. (c). Pub. L. 96-153 added subsec. (c).
    1978--Subsec. (a). Pub. L. 95-454 substituted ``5372'' for ``5362''.
    Pub. L. 95-251 substituted ``administrative law judges'' for 
``hearing examiners'' wherever appearing.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-153 effective on effective date of 
regulations implementing such amendment, but in no case later than six 
months following Dec. 21, 1979, see section 410 of Pub. L. 96-153, set 
out as a note under section 1701 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective on first day of first 
applicable pay period beginning on or after 90th day after Oct. 13, 
1978, see section 801(a)(4) of Pub. L. 95-454, set out as a note under 
section 5361 of Title 5, Government Organization and Employees.



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