Page images
PDF
EPUB

§ 1720.425 Standards of practice.

(a) Attorneys shall conform to the standards of professional and ethical conduct required by practitioners in the courts of the United States and by the bars of which the attorneys are members.

(b) The privilege of appearing or practicing may be denied, temporarily or permanently, to any person who is found i after notice and opportunity for hearing which at his request or in the discretion of the Secretary may be private, and for presentation of oral argument in the matter (1) not to possess the requisite qualifications to represent others, or (2) to be lacking in character or integrity or (3) to have engaged in unethical or improper professional conduct.

(c) Contemptuous conduct at any hearing shall be grounds for summary exclusion from said hearing for the duration of the hearing. 8 1720.430 Form and filing require

ments.

signed to the proceeding or investigation; (5) whether during his service with the Department of Housing and Urban Development he was engaged in any matter concerning the individual, company, or industry in the proceeding or investigation.

(c) The requested authorization will not be given in any case (1) where it appears that the former officer or employee during his service with the Department of Housing and Urban Development participated personally and substantially in the proceeding or investigation, or (2) where the application is filed within one (1) year after termination of the former officer's or employee's service with the Department of Housing and Urban Development and it appears that within a period of one (1) year prior to the termination of his service the proceeding or investigation was within the official responsibility of the former officer or employee. In other cases, authorization will be given where the Secretary is satisfied that the appearance or participation will not involve any actual conflict of interest or impropriety thereof.

(d) In any case in which a former officer or employee of the Department of Housing and Urban Development is prohibited under this section from appearing or participating in a proceeding or investigation, any partner or legal or business associate of such former officer or employee shall likewise be so prohibited unless: (1) Such partner or legal or business associate files with the Secretary an affidavit that in connection with the matter the services of the disqualified former oficer or employee will not be utilized in any respect and the matter will not be discussed with him in any manner, and that the disqualified former officer or employee shall not share, directly or indirectly, in any fees or retainers received for services rendered in connection with such proceeding or investigation; (2) the disqualified former officer or employee files an affidavit stating that he will not participate in the matter in any manner, and that he will not discuss it with any person involved in the matter; and (3) upon the basis of such affidavits, the Secretary determines that the appearance or participation by the partner or associate would not involve any actual conflict of interest or impropriety thereof.

(a) Filing. Except as otherwise permitted, six copies of all documents shall be filed with the Office of Interstate Land Sales Registration, Department of Housing and Urban Development, Washington, D.C. 20411, on official work days between the hors of 8:45 a.m. and 5:15 p.m.

(b) Title. Documents shall clearly show the file, docket number, and title of the action in connection with which they are filed.

(c) Form. Except as otherwise permitted, all documents shall be printed, typewritten, or otherwise processed in clear legible form and on good unglazed paper. $ 1720.435 Time computation.

Computation of any period of time prescribed or allowed by the rules and regulations in this part, or by order of the Secretary or his designee or of an administrative law judge, shall begin with the first business day following that on which the act, event, development or default initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday, or national holiday, or other day on which the Department of Housing and Urban Development is closed, the period shall run until the end of the next following business day. Except when any prescribed or allowed period of time is 7

days or less, each of the Saturdays, Sundays, and national holidays shall be included in the computation of the prescribed or allowed period. $ 1720.440 Service.

Service of notices, orders, processes, determinations and other documents required or permitted to be served under these rules may be effected as follows:

(a) Upon the Secretary. By personal delivery at the office, or by registered or certified mail addressed to the office of any of the following officials in the Office of Intrastate Land Sales Registration: Administrator; Deputy Administrator; Assistant Deputy Administrator; Director, Examination Division; or Director, Administrative Proceedings Division.

(b) Upon any other person. By delivery of a copy of the documents to the person to be served wherever he may be found, or by leaving such copy at his office or place of business with a person apparently in charge thereof, or, if there is no one in charge or if the office is closed or if he has no office, by leaving a copy at his residence with some person of suitable age and discretion then residing therein, or by sending a copy by registered or certified mail, return receipt requested, addressed to the person at his last known residence, or at his or its last known principal office or place of business. If the address of the residence, principal office, or place of business is unknown and cannot with due diligence be ascertained, service by mail may be made to any office at which the person to be served is known to be employed.

(c) Service on corporations, partnerships, associations, other entities. Service may be made upon any corporation, partnership, business association or other entity by serving any officer, director, partner, trustee, agent for service or managing agent thereof. A managing agent, within the meaning of this subsection, is an agent having the principal managerial responsibility in connection with the regular operation of a distinct office or activity of the enterprise.

(d) Service through attorney. When a person other than the Secretary and his staff shall have appeared of record in & proceeding, generally or specially, by attorney, all subsequent services of notices, orders, processes, and other documents in connection with such proceeding may be made upon such person by

serving the attorney, except that subpoenas and other orders by which such person may be brought in contempt shall be served upon him by one of the methods described in paragraphs (b) and (c) of this section. In any case, copies of documents not served by serving such attorney shall be promptly sent to him; but service on such person shall be effective without proof that copies so sent were received.

(e) Proof of service. Proof of service shall not be required unless the fact of service is seasonably put in issue by appropriate motion or objection on the part of the person allegedly served or other party. In such cases, service may be established by written admission signed by or on behalf of the person to be served, or may be established prima facie by affidavit or certificate of service or malling, as appropriate. When service is by registered or certified mail, it is complete upon delivery of the document by the post office. Subpart F-Interstate Land Sales Board

and Appeals Officers $ 1720.500 Functions of the Interstate

Land Sales Board and appeals officers. There is hereby established within the Department of Housing and Urban Development an Interstate Land Sales Board, the members of which are designated as appeals officers and may be appointed from time to time by the Secretary. The functions, powers, and responsibilities delegated to an appeals officer designated from the Board as the authorized representative of the Secretary shall be to hear, consider and determine fully and finally appeals from decisions made pursuant to the rules in this part by administrative law judge and to conduct hearings pursuant to 15 U.S.C. 1715. § 1720.510 Composition of the Inter

state Land Sales Board. The Board shall consist of four (4) appointed employees of the Department of Housing and Urban Development designated as appeals officers, other than employees in the Office of Interstate Land Sales Registration. An appeals officer on the Board shall be available at all times for the hearing of each appeal. Records of proceedings before an appeals officer shall be kept by a Secretary to the Board who shall be an employee of the Office of General Counsel.

8 1720.520 Decisions of appeals officer.

A decision of an appeals officer shall be considered the final action on behalf of the Secretary on matters properly before such officer pursuant to the rules in this part. $ 1720.525 Reconsideration of final de

cision of appeals officer. Any hearing for reconsideration pursuant to $ 1720.405 of this part shall be heard by any three of the four appeals

officers who shall sit in review as the Interstate Land Sales Board. 8 1720.530 Department representative.

In each case being heard before an administrative law judge or an appeals officer, pursuant to this part, the Department 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.

ADMINISTRATION, DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT

SUBCHAPTER A-NATIONAL INSURANCE DEVELOPMENT PROGRAM

Part
1905 Statewide "FAIR” Plans.
1906 Standard reinsurance contract.

State reimbursement requirement.

SUBCHAPTER B-NATIONAL FLOOD INSURANCE PROGRAM

1909 General provisions. 1910 Criteria for land management and use. 1911 Insurance coverage and rates. 1912 Sale of insurance and adjustment of claims. 1914 Areas eligible for the sale of insurance. 1915 Identification of special hazard areas. 1916 Consultation with local officials. 1917 Appeals from flood elevation determination and judicial review. 1918 Appeals of the Administrator's proposed flood elevation determinations by

administrative hearings.

SUBCHAPTER C-FEDERAL CRIME INSURANCE PROGRAM

1930 Description of program and offer to agents.
1931 Purchase of insurance and adjustment of claims.
1932 Protective device requirements.
1933 Coverages, rates, and prescribed policy forms.
1934 Classification of territories.

SUBCHAPTER A-NATIONAL INSURANCE DEVELOPMENT

PROGRAM

PART 1905-STATEWIDE "FAIR" piration of a specified period of time PLANS

after an application for inspection and

insurance; Sec.

(f) “Eligible property," "eligible risk," 1905.1 Definitions. 1905.2 Composition and supervision of

or "risk eligible under the Plan" means FAIR Plan.

any real property, personal property, or 1905.3 Coverage and operation of the

mixed real and personal property, poPlan.

tentially insurable under one or more 1905.4 Insurer participation and placement lines of essential property insurance, program.

subject to an inspection to ascertain 1905.5 Inspections and applications for in.

insurability and applicable premium surance,

rates; 1905.6 Deemer or binder requirement. 1905.7 Placement action after inspection

(g) "Environmental hazard” means report.

any hazardous condition that might give 1905.8 Prohibition of unnecessary rein

rise to loss under an insurance contract, spections.

but which is beyond the control of the 1905.9 Notice of cancellation or nonre property owner or tenant; newal

(h) “Essential property insurance" 1905.10 Impartial selection of adjusters.

means insurance against direct loss to 1905.11 Coding and reports under the Plan.

property as defined and limited in stand1905.12 Inapplicability and waiver of regu

ard fire policies and extended coverage lations.

endorsement thereon, as approved by the AUTHORITY: The provisions of this part

State insurance authority, and insurance 1905 issued under sec. 7(d), 79 Stat. 670;

against the perils of vandalism and ma42 U.S.C. 3535(d); sec. 1103, 82 Stat. 566;

licious mischief. Such insurance shall not 12 U.S.C. 1749bbb-17

include automobile insurance and shall SOURCE: The provisions of this part 1905 not include insurance on such type of appear at 36 F.R. 24751, Dec. 22, 1971, unless

manufacturing risks as may be excluded otherwise noted.

by the State insurance authority; 8 1905.1 Definitions.

(i) "FAIR Plan" or "Plan" means &

statewide Plan to assure "fair access to As used in this part

insurance requirements that is approved (a) "Act” means the Urban Property

by the Administrator as meeting the criProtection and Reinsurance Act of 1968,

teria of Part A of the Act, including such codified as title XII of the National

modifications thereof as the AdminisHousing Act (12 U.S.C. 1749bbb-1749 bbb-21), which authorized the program.

trator may promulgate from time to time Section references are to the National

under this part in accordance with sub

section 1214(b) of the Act (12 U.S.C. Housing Act;

1749bbb-6(b)); (b) “Administrator" means the Federal Insurance Administrator within the

(j) "Inspection facility," with respect

to any State, means any rating bureau Department of Housing and Urban De

or other person duly authorized and desvelopment, to whom the Secretary has delegated the administration of the pro

ignated to perform inspections under a

Plan; gram (34 F.R. 2680, Feb. 27, 1969); (c) “Applicant” means any property

(k) "Insurer" includes any property owner, or his authorized representative,

insurance company, or group of comwho duly requests essential property in

panies under common ownership or comsurance for a risk eligible under a FAIR

mon management, authorized to engage Plan;

in the insurance business under the laws (d) “Binder" means a temporary and

of at least one State; preliminary contract of insurance to pro

(1) “Participating insurer" means any tect owner against loss from the occur insurer eligible for membership in a Plan rence of an insurable event before a and fully participating in that Plan. The policy is issued;

term shall not include any insurer in any (e) “Deemer provision" means a pro State in any year in which such insurer vision in a Plan whereby interim cover

does not participate in the Plan on a age for an eligible risk is deemed risk-bearing or potentially risk-bearing automatically to attach upon the ex

basis;

« PreviousContinue »