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<br /> 41288. Federal Register /.Vol_ 61, No. 153 / Wednesday, August 7. 1996 / Rules and Regulations
<br /> has reason to believe that the agency's. Secretary's notice of denial of interim interim certification prior to receiving
<br /> performance does not comply with the certification,make a request of the certification.. —
<br /> criteria set forth by this part.Such . Assistant.Secretary under paragraph(b)
<br /> suspension shall not exceed iso days. ; of-this section to submit additional data, 4115.211 Suspension of certlfication.
<br /> (2)If the agency is suspended :. views,or comments,no further action (a)Suspension based on changes in
<br /> pursuant to paragraph(b)of this section, shall be'required of the Assistant_ the lacy.(1)The Assistant Secretary may
<br /> the FHEO Field Office may elect not to' Secretary and denial of interim suspend the agency's certification if the
<br /> provide'payment for complaints '.. certification shall occur. . Assistant Secretary has reason to believe
<br /> processed yrithin that period of time that the State or locality may have
<br /> unless and until the Assistant Secretary 4115.210 Procedure for certificatlon.` ' limited the effectiveness of the agency's
<br /> determines that the agency is fully in (a)Certification.(1)If the Assistant implementation of the fair housing law
<br /> compliance with§115.203.The FHEO'- Secretary determines,after application or ordinance by:
<br /> Field Office will provide technical of the criteria set forth in§§115.202, (i)Amending the fair housing law or .
<br /> assistance to the agency during this 115.203 and this section,that the State . ordinance;
<br /> period of time. or local law or ordinance,both"on its (ii)Adopting rules or procedures
<br /> (3)During the period of a suspension : face"and"in operation."provides concerning the fair housing law or.
<br /> the Assistant Secretary shall not refer substantive rights,procedures; ordinance;or
<br /> complaints to the agency. , • remedies,and judicial review (iii)Issuing judicial or other-..
<br /> (4)Suspension under paragraph(b)of. procedures for alleged discriminatory authoritative interpretations of the fair
<br /> this section renders the agency housing practices that are substantially housing law or ordinance. . ..
<br /> ineligible to receive Fair Housing equivalent to those provided in the Act. (2)If the Assistant Secretary suspends
<br /> Assistance Program Funds under the Assistant Secretary may enter into a certification under.paragraph(a)(1)of .
<br /> subpart C of this part,pending • ' Memorandum of Understanding(MOU) this section,such suspension will
<br /> correction of the deficiencies by the - with the agency. remain in effect until the Assistant
<br /> agency. (2)The MOU is a written agreement Secretary conducts a review.of the
<br /> (5)Before the end of the suspension, providing for the referral of complaints changes in language and/or
<br /> a final performance assessment will be to the agency and for communication interpretation and determines whether
<br /> provided to the Assistant Secretary procedures between the agency and the law or ordinance remains
<br /> upon which a determination will be HUD that are adequate to permit the substantially equivalent on its face and
<br /> made as to the adequacy of the agency's Assistant Secretary to monitor the in its operation to the Act.Such
<br /> performance agency's continuing substantial suspension shall not exceed 180 days.
<br /> (c)HUD will provide an agency with equivalency certification. (3)If the Assistant Secretary
<br /> notice of the specific reasons for the (3)A MOU,after it is signed by all determines that the law or ordinance
<br /> suspension of its interim certification 'appropriate signatories,may authorize remains substantially equivalent on its
<br /> and an opportunity to respond,in an agency to be a certified agency for a face and in operation to the Act,the
<br /> accordance with the procedures set period of not more than five years.
<br /> forth in HUD issued guidance. Assistant Secretary will rescind the
<br /> (b)Performance Improvement Plan. suspension and reinstate the agency's
<br /> §115.209 Denial of interim certification. (1)If the agency is not administering its interim certification and:or recommend
<br /> (a)If the Assistant Secretary - law or ordinance in a manner that is the agency for certification.HUD will
<br /> determines,after application of the substantially equivalent,the Assistant provide full or partial reimbursement
<br /> criteria set forth in this part that the Secretary,may,but need not,offer a for cases processed during the period of
<br /> State and local law or ordinance,on its. Performance Improvement Plan(PIP)to the suspension.
<br /> face or in its operation,does not provide the agency.The PIP will'outline the (4)If the Assistant Secretary
<br /> substantive rights,procedures, agency's deficiencies,identify necessary determines that the actions taken by the
<br /> remedies,and availability of judicial corrective actions,and include a State or locality do limit the agency's
<br /> review for alleged discriminatory timetable for completion. effectiveness,certification will be
<br /> housing practices which are. (2)If the agency receives a PIP, withdrawn pursuant to§115.212.
<br /> substantially equivalent to those funding under the FHAP may be - (b)Suspension based on agency
<br /> provided in the Fair Housing Act,the suspended for the duration of the PIP. performance.(1)The Assistant
<br /> Assistant Secretary shall inform the Once the agency has implemented Secretary may suspend the certification
<br /> State or local official in writing of the corrective actions to eliminate the of an agency charged with the
<br /> reasons for that determination. deficiencies,and such corrective actions administration of a fair housing law or
<br /> (b)The agency,within 20 days from are accepted by the Assistant Secretary, ordinance,if the Assistant Secretary has
<br /> the date of the receipt of this notice, funding may be reinstated. reason to believe that the agency's
<br /> may submit,in writing,any opposition (c)Annual assessments.The Assistant performance does not comply with the
<br /> to the planned denial of interim Secretary shall annually assess the criteria set forth by this part.Such
<br /> certification to the Assistant Secretary. performance of an agency to determine suspension shall not exceed 180 days.
<br /> The Assistant Secretary will evaluate all whether it continues to qualify for (2)If the agency is suspended
<br /> pertinent written comments, certification under this part.If the pursuant to paragraph(b)of this section,
<br /> information,and documentation.If, Assistant Secretary affirmatively the FHEO Field Office may elect not to
<br /> after reviewing all materials submitted concludes that the agency's lacv and provide payment for complaints
<br /> by the agency,the Assistant Secretary is performance have complied with the processed within that period of time
<br /> still of the opinion that interim requirements of this part in each of the unless and until the Assistant Secretary
<br /> •�-ifica:ion should be denied,the five years,the Assistant Secretary may determines that the agency is fully in
<br /> :�istant Secretary will inform the offer the agency an updated compliance with§115.:.03.The FHEO
<br /> ancy in writing of that determination. Memorandum of Understanding. Field Office will provide technical
<br /> v(c)If the agency does not,within 20 (d)Interim certification required prior assistance to the agency during this
<br /> da•,•s of receipt of the Assistant to certification.An agency shall receive period of time.
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