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any respect and the matter will not be (c) Form. Except as otherwise perdiscussed with him in any manner, and mitted, all documents shall be printed, that the disqualified former officer cr typewritten, or otherwise processed in employee shall not share, directly or clear legible form and on good ungindirectly, in any fees or retainers re

lazed paper. ceived for services rendered in connection with such proceeding or investiga

1720.435 Time computation. tion; (2) the disqualified former officer Computation of any period of time or employee files an affidavit stating prescribed or allowed by the rules and that he will not participate in the regulations in this part, or by order of matter in any manner, and that he the Secretary or his designee or of an will not discuss it with any person in- administrative law judge, shall begin volved in the matter; and (3) upon the with the first business day following basis of such affidavits, the Secretary that on which the act, event, developdetermines that the appearance or ment or default initiating such period participation by the partner or asso- of time shall have occurred. When the ciate would not involve any actual con- last day of the period so computed is a flict of interest or impropriety thereof. Saturday, Sunday, or national holiday,

or other day on which the Department § 1720.425 Standards of practice.

of Housing and Urban Development is (a) Attorneys shall conform to the closed, the period shall run until the standards of professional and ethical

end of the next following business day. conduct required by practitioners in

Except when any prescribed or althe courts of the United States and by

lowed period of time is 7 days or less, the bars of which the attorneys are

each of the Saturdays, Sundays, and members.

national holidays shall be included in (b) The privilege of appearing or

the computation of the prescribed or

allowed period. practicing may be denied, temporarily or permanently, to any person who is

$ 1720.440 Service. found after notice and opportunity for hearing which at his request or in the

Service of notices, orders, processes, discretion of the Secretary may be pri

determinations and other documents vate, and for presentation of oral argu

required or permitted to be served ment in the matter (1) not to possess

under these rules may be effected as

follows: the requisite qualifications to represent others, or (2) to be lacking in

(a) Upon the Secretary. By personal character or integrity or (3) to have

delivery at the office, or by registered engaged in unethical or improper pro

or certified mail addressed to the fessional conduct.

office of any of the following officials

in the Office of Intrastate Land Sales (c) Contemptuous conduct at any

Registration: Administrator; Deputy hearing shall be grounds for summary

Administrator; Assistant Deputy Adexclusion from said hearing for the

ministrator; Director, Examination Diduration of the hearing.

vision; or Director, Administrative 8 1720.430 Form and filing requirements.

Proceedings Division.

(b) Upon any other person. By deliv(a) Filing. Except as otherwise per. 'ery of a copy of the documents to the mitted, six copies of all documents

person to be served wherever he may shall be filed with the Office of Inter

be found, or by leaving such copy at state Land Sales Registration, Depart

his office or place of business with a ment of Housing and Urban Develop

person apparently in charge thereof, ment, Washington, D.C. 20411, on offi

or, if there is no one in charge or if cial work days between the hours of

the office is closed or if he has no 8:45 a.m. and 5:15 p.m.

office, by leaving a copy at his resi(b) Title. Documents shall clearly dence with some person of suitable age show the file, docket number, and title and discretion then residing therein, of the action in connection with which or by sending a copy by registered or they are filed.

certified mail, return receipt request

ed, addressed to the person at his last

Subpart F-Interstate Land Sales known residence, or at his or its last known principal office or place of busi

Board and Appeals Officers ness. If the address of the residence,

8 1720.500 Functions of the Interstate principal office, or place of business is unknown and cannot with due dili.

Land Sales Board and appeals officers. gence be ascertained, service by mail There is hereby established within may be made to any office at which the Department of Housing and Urban the person to be served is known to be Development an Interstate Land Sales employed.

Board, the members of which are des(c) Service on corporations, partner. ignated as appeals officers and may be ships, associations, other entities.

appointed from time to time by the Service may be made upon any corpo

Secretary. The functions, powers, and ration, partnership, business associ

responsibilities delegated to an appeals ation or other entity by serving any

officer designated from the Board as officer, director, partner, trustee,

the authorized representative of the agent for service or managing agent

Secretary shall be to hear, consider thereof. A managing agent, within the

and determine fully and finally apmeaning of this subsection, is an agent

peals from decisions made pursuant to having the principal managerial re

the rules in this part by administrative sponsibility in connection with the

law judge and to conduct hearings regular operation of a distinct office

pursuant to 15 U.S.C. 1715. or activity of the enterprise.

§ 1720.510 Composition of the Interstate (d) Service through attorney. When a

Land Sales Board. person other than the Secretary and his staff shall have appeared of record

The Board shall consist of four (4) in a proceeding, generally or specially,

appointed employees of the Departby attorney, all subsequent services of

ment of Housing and Urban Developnotices, orders, processes, and other

ment designated as appeals officers, documents in connection with such

other than employees in the Office of proceeding may be made upon such

Interstate Land Sales Registration. An person by serving the attorney, except

appeals officer on the Board shall be that subpoenas and other orders by

available at all times for the hearing which such person may be brought in

of each appeal. Records of proceedings contempt shall be served upon him by

before an appeals officer shall be kept one of the methods described in para

by a Secretary to the Board who shall graphs (b) and (c) of this section. In

be an employee of the Office of Gen

eral Counsel. any case, copies of documents not served by serving such attorney shall

$ 1720.520 Decisions of appeals officer. be promptly sent to him; but service on such person shall be effective with- A decision of an appeals officer shall out proof that copies so sent were re

be considered the final action on ceived.

behalf of the Secretary on matters (e) Proof of service. Proof of service

properly before such officer pursuant shall not be required unless the fact of

to the rules in this part. service is seasonably put in issue by appropriate motion or objection on

8 1720.525 Reconsideration of final deci

sion of appeals officer. the part of the person allegedly served or other party. In such cases, service Any hearing for reconsideration purmay be established by written admis- suant to g 1720.405 of this part shall be sion signed by or on behalf of the heard by any three of the four appeals person to be served, or may be estab- officers who shall sit in review as the lished prima facie by affidavit or cer

Interstate Land Sales Board. tificate of service or mailing, as appropriate. When service is by registered

$ 1720.530 Department representative. or certified mail, it is complete upon In each case being heard before an delivery of the document by the post administrative law judge or an appeals office.

officer, pursuant to this part, the De

partment shall be represented by a Department hearing attorney. The General Counsel shall designate one

or more attorneys under his jurisdiction to act as Department hearing attorneys.



Part 1905 1906 1907

Statewide "FAIR” Plans ............
Standard reinsurance contract
State reimbursement requirement.

Page 888 894 903


1909 1910 1911 1912 1914 1915

906 918 933 938 940

General provisions
Criteria for land management and use......
Insurance coverage and rates .........
Sale of insurance and adjustment of claims.....
Communities eligible for the sale of insurance.
Identification and mapping of special hazard

Consultation with local officials.......
Appeals from proposed flood elevation determina-

tions ...
Administrative hearing procedures.
Procedure for map correction ..........
Exemption of State-owned properties under self

insurance plan

943 945

1916 1917

1918 1920 1925

947 949 950



1930 1931 1932 1933 1934

Description of program and offer to agents ............
Purchase of insurance and adjustment of claims....
Protective device requirements..
Coverages, rates, and prescribed policy forms ........
Classification of territories.....

955 958 962 968 981


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