Agenda - 10-21-1997 - 9f - Laserfiche WebLink

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53 41290 Federal Register / Vol. 61, No. 153 / Vlrednesday, August 7, 1996 4 Rules and Regulations enforcement activities of the agency's sponsored training.Agency initiated (a)How the agency used the FHAP fair housing law or"ordinance.SEE • training or other formalized training funds received: funds will be a maximum of 20%of the may be included in this categ ory. (b)Whether its-draw-down of funds agency's total FHAP cooperative"- However,such training must:rst be - was timely;: agreement for the previous contract approved by the Cooperative Agreement (e)Whether the agency has been year,based on approval of eligible Officer(CAO)and the Government audited and received copies of the audit activity or activities,and based on the' Technical Representative(GTR). - reports in accordance with applicable appropriation of funds.All agencies . Specifics on the amount of training es and reguations for State and local receiving contributions funds are funds that an agency will receive and, governmental entities;and eligible to receive SEE funds if they if applicable.amounts that maybe (d)If the agency complied with all . meet three of the six criteria set out in deducted,will be set out in the certifications and assurances required paragraphs(a)(1)through(e): cooperative a ent each year. by HUD in the cooperative agreement (1)The agency.has taken action to. (bJ All of the agency responsible §115.309 Reporting and recordkeeping enforce a subpoena or make use of its for the administration of the fair requirements. prompt judicial action authority within housing law or ordinance must (a)The agency shall establish and the ast year. . participate in mandatory FHAP training maintain records demonstrating: (2�The agency has held at least ors,: sponsored by HUD It the national and (1)Its fl—real administration of the administrative hearing or has had at field office levels.If the agency does not FHAP funds;and least one case on a court's docket for participate in the mandatory national (2j Its performance under the FHAP. civil proceedings during the past year. and field office HUD-sponsored (b)In accordance with the cooperative (3)At least ten percent of the agency's training,training funds will be deducted agreement in effect between the agency fair housing caseload resulted in written from their overall training amount and HUD,the agency will provide to conciliation agreements providing §115.307 Additional requirements for HUD the agency reports maintained monetary relief for the complainant as participation in the FHAP. pursuant to paragraph(a)of this section. well as remedial action,monitoring. (a)Agencies which participate in the The agency will provide reports to HUD reporting and public interest relief FHAP must, in accordance with the cooperative provisions. (1)Conform to reporting and record agreement in effect between the agency (4)The agency has had in the most maintenance(1)C nfor requirements determined and HUD for frequency and content, recent three years,or is currently by the Assistant Secretary regarding complaint processing, handling,at least one major fair housing (2)Agree to on-site technical trainin8.data and information systems, systemic investigation requiring an assistance and guidance and enforcement and other activities exceptional amount of expenditure of - implementation of corrective actions set explaining how FHAP funds were ids• out by the Department in response to expended and used. (5)The agency's administration of its deficiencies found during the technical CO The agency will permit reasonable fair housing law or ordinance received assistance or performance assessment public access to its records,consistent meritorious mention for its complaint evaluations of the agency's operations; with the jurisdiction's requirements for processing or other fair housing (3)Agree to implement and adhere to release of information.Documents activities that were innovative. policies and procedures(as their laws relevant to the agency's participation in (6)The agency must have fully and ordinances will allow)provided to FHAP must be made available at the investigated 10 fair housing complaints the agencies by the Assistant Secretary, agency's office during normal working during the previous funding year. including but not limited to guidance on hours(except that documents with (b)Notwithstanding the eligibility investigative techniques,case file respect to ongoing fair housing criteria set forth in paragraph(a)of this - preparation and organization. complaint investigations are exempt section,an agency is ineligible for SEE implementation of data elements for from public review consistent with funds if- Federal and/or State law).- percent or more of an con hint tracking,etc.; (1)Twenty P (4�Spead at least twenty(20)percent (d)The Secretary,the Inspector agency's fair housing complaints result of its total annual budget on fair housing General of HUD,and the Comptroller. in administrative closures:or activities:and General of the United States,or any of (2)The agency is currently on a PIP. (5)Not unilaterally reduce the level of their duly authorized representatives, or if its interim certification or financial resources currently committed shall have access to all pertinent books, certification has been suspended during to fair housing complaint processing accounts,reports,files,and other the fiscal year in which SEE funds are- (budget and staff reductions or other payments for surveys,audits, sought. actions outside the control of the agency examinations,excerpts,and transcripts (c)SEE funding amounts are subject will not.alone.result in a negative as they relate to the agency's to the FHAP appropriation by Congress determination for the agency's participation in FHAP. and will be described in writing in the participation in the FHAP). (e)All files will be kept in such cooperative agreements annually.HUD (b)The agency's refusal to provide fashion as to permit audits under wiil periodically publish a list of information,assist in implementation, applicable procurement regulations and activities eligible for SEE funding in the or carry out the requirements of guidelines and the Single Audit Federal Register. paragraph(a)of this section may result requirements for State and local §115.306 Training funds. in the denial or interruption of its agencies. P.'.l agencies are eligible to receive receipt of FHAP funds. (f)The FHAP financial records and 8 files will be kept at least three years on- "unds.Training funds are Faced §115.308 Standards for FHAP program site after any cooperative agreement has s based on the number of agency review. terminated.- ee.to be trained and shall be HUD will conduct reviews of the ..;,cute,' based on the FHAP agency's cooperative agreement §115.310 Subcontracting under the FHAP. .appropriation.Training funds may be implementation.This review will also If an agency subcontracts to a public used oniv for HUD-approved or HUD- identify: or private agency any activity for which