§ 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.