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<br /> Federal_ Vol. •61;'No: 153 4,Wednesday;'.'August'?,'1996 1 Roles-and.-Regulations 41287
<br /> (c)Notwithstanding paragraph(a)of (b)The request-and supporting Secretary,away,but need not,offer a
<br /> this section,whenever the Assistant materials shall be filed with the Performance Improvement Plan(PIP)to
<br /> Secretary has reason to believe that a Assistant Secretary for Fair Housing and :the agency.The PIP will outline the
<br /> complaint demonstrates a basis for the .Equal Opportunity.Department of • agency's deficiencies,identify necessary
<br /> .commencement of proceedings against -Housing and Urban Development,451• corrective actions,and include a
<br /> any respondent under section 814(a)o_f 7th Street,'SW.,Washington,DC 20410. timetable for completion.
<br /> the Act or for proceedings by any .. :-. A copy of the request-and supporting (3)If the agency receives a PIP,
<br /> governmental licensing or supervisory -. materials will be•kept available for ' funding under the FHAP may be
<br /> authorities,the Assistant Secretary shall public examination and copying at: : suspended for the duration of the PIP.
<br /> transmit the information upon which (1)The.office of the Assistant Once the agency has implemented
<br /> such belie£is based to the Attorney; `' Secretary; corrective actions to eliminate the
<br /> General,Federal financial regulatory' ` (2)The HUD Field Office in whose deficiencies,and such corrective actions
<br /> agencies,other federal agencies,or jurisdiction the State or local are accepted by the Assistant Secretary,
<br /> other appropriate governmental jurisdiction seeking recognition is funding may be reinstated.
<br /> licensing or supervisory authorities. located;and
<br /> (3)The office of the State or local 4115.208 Suspension of-interim
<br /> 4115205 ,,Technical assistance. agency charged with administration and certification.
<br /> (a)The Assistant Secretary,shrough enforcement of the State or local law. ' (a)Suspension based on changes in
<br /> its FHEO Field Office,may provide : . • the law:(1)The Assistant Secretary may
<br /> technical assistance to the agencies.The 4115207 -Procedure for interim suspend the agency's interim
<br /> certification. certification-if the Assistant Secret
<br /> agency may request such.technical cry
<br /> assistance or the FHEO Field Office may (a)Upon receipt of a request for has reason to believe that the State or
<br /> determine the necessity for technical certification filed under§115.206,the locality may have limited the
<br /> assistance and require the agency's Assistant Secretary may request further effectiveness of the agency's
<br /> cooperation and participation. information necessary for a implementation of the fair housing law
<br /> (b)The Assistant Secretary,through determination to be made under this or ordinance by:
<br /> FHEO Headquarters or Field staff,will section.The Assistant Secretary may (i)Amending the fair.housing law or
<br /> require that the agency participate in consider the relative priority given to ordinance;
<br /> training conferences and seminars that fair housing administration,as (ii)Adopting rules or procedures
<br /> will enhance the agency's ability to -compared to the agency's other duties concerning the fair housing law or
<br /> process complaints alleging and responsibilities,as well as the ordinance;or
<br /> discriminatory housing practices. compatibility or potential conflict of fair (iii)Issuing judicial or other
<br /> housing objectives with these other authoritative interpretations of the fair
<br /> 9`115.206 Request for certification. duties and responsibilities. housing law or ordinance.
<br /> (a)A request for certification under (b),Interim certification.If the (2)If the Assistant Secretary suspends
<br /> this subpart shall be filed with-the Assistant Secretary determines,after interim certification under paragraph
<br /> Assistant Secretary by the State or local application of the criteria set forth in (a)(1)of this section,such suspension
<br /> official having principal responsibility §115.202 that the State or local law or will remain in effect until the Assistant
<br /> for administration of the State or local ordinance,on its face,provides Secretary conducts a review of the
<br /> fair housing law.The request shall be substantive rights,procedures, changes in language and/or
<br /> supported by the following materials remedies,and judicial review interpretation and determines whether
<br /> and information: procedures for alleged discriminatory the law or ordinance remains
<br /> (1)The text of the jurisdiction's fair housing practices that are substantially substantially equivalent to the Act on its
<br /> housing law,the law creating and equivalent to those provided in the Act, face or in its operations.Such
<br /> empowering the agency,any regulations the Assistant Secretary may offer to suspension shall not exceed 180 days.
<br /> and directives issued under the law,and enter into an Agreement for the Interim (3)If the Assistant Secretary
<br /> any formal opinions of the State Referral-of Complaints and Other determines that.notwithstanding the
<br /> Attorney General or the chief legal Utilization of Services(Interim actions taker,'ov the State or locality as
<br /> officer of the jurisdiction that pertain to Agreement).The interim agreement will described in paragraph(a)(1),the law or
<br /> the jurisdiction's fair housing law. outline the procedures and authorities ordinance remains substantially
<br /> (2)Organizational information of the upon which the interim certification is equivalent on its face and in operation
<br /> agency responsible for administering based. to the Act,the Assistant Secretary will
<br /> and enforcing the law. (c)Such interim agreement,after it is rescind the suspension and reinstate the
<br /> (3)Funding and personnel made signed by all appropriate signatories. agency's interim certification and/or
<br /> available to the agency for will result in the agency receiving recommend the agency for certification.
<br /> administration and enforcement of the interim certification. HUD will provide full or partial
<br /> fair housing law during the current (d)(1)Interim agreements shall be for reimbursement for cases processed
<br /> operating year,and not less than the a term of no more than three years.The during the period of the suspension.
<br /> preceding three operating years(or such Assistant Secretary,through the FHEO (4)If the Assistant Secretary
<br /> lesser number during which the law was .Field Office,will conduct one or more determines that the actions taken by the
<br /> in effect). oa-site assessments to determine State or locality do limit the agency's.
<br /> (4)If available,data demonstrating whether the agency administers its fair effectiveness interim certification will
<br /> that the agency's current practices and housing law or ordinance in a manner be denied pursuant to§115.209.
<br /> past performance comply with the that is substantially equivalent to the (b)Suspensicn based on agency
<br /> performance standards described in Act. perform, once. (1)The Assistant
<br /> §115.203. (2)Performance Improvement Plan. If Secretary may suspend the inte:im
<br /> (5)Any additional information which the agency is not administering its law certification of an agency charged with
<br /> the submitting official may wish to be or ordinance in a manner that is the administration of a fair housing law
<br /> considered. substantially equivalent,the Assistant or ordinance if the Assistant Secretay
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