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date of the initial decision and order of and made available for inspection by the the administrative law judge, the re- public at the public documents room of spondent may appeal to the Secretary the Department. If practicable, the stateand file his exceptions to the initial deci- ment of findings and the decisions of the sion and his reasons therefor. The re- administrative law judge shall be pubspondent shall transmit a copy of his Ished periodically by the Department appeal and reasons therefor to the HUD and offered for sale through the Supercounsel who may, within 30 days from intendent of Documents. receipt of the respondent's appeal, file (4) Based on written advice from the a reply brief in opposition to the appeal. Department of Justice that publicity of A copy of the reply brief, if one is filed, the proceedings or public release of the shall be transmitted to the respondent or record pursuant to (n) (1), (2), and (3) its counsel of record. Upon the filing of of this section would adversely affect an appeal and a reply brief, if any, the criminal prosecution, the Secretary may Secretary shall make the final agency deem the applicability of (n) (1), (2), decision on the record of the adminis- and (3) stayed. trative law judge submitted to him.
(0) Judicial review. (1) Actions taken (2) Absence of appeal. In the absence under administrative proceedings purof exceptions by the respondent within suant to this subpart shall be subject to the time set forth in paragraph (1) (1) judicial review pursuant to Section of this section or a review initiated by 111(c) of the Act. If a respondent desires HUD counsel within 45 days after the to appeal a decision of the administrainitial decision, such initial decision of tive law judge which has become final, the administrative law judge shall con- or a final order of the Secretary for restitute the final decision of the Depart- view of appeal, to the U.S. Court of Apment.
peals, as provided by law, the Secretary, (m) Decision of the Secretary. On ap- upon prior notification of the filing of peal from or review of the initial deci- the petition for review, shall have presion of the administrative law judge, the pared in triplicate, a complete transcript Secretary will make the final agency de- of the record of the proceedings, and cision. In making his decision the Secre- shall certify to the correctness of the tary will review the record or such por- record. The original certificate together tions thereof as may be cited by the par- with the original record shall then be ties to permit limiting of the issues. The filed with the Court of Appeals which Secretary may afirm, modify, or revoke has jurisdiction. the findings and initial decision of the (2) Any recipient which receives the administrative law judge. A copy of the final agency decision of the termination, Secretary's decision shall be transmitted reduction or limitation of payments immediately to the chief executive oficer under this title may, within sixty days of the respondent or its counsel of record. after receiving such notice, file with the
(n) Publicity of proceedings. (1) In United States Court of Appeals for the general. A proceeding conducted under circuit in which such State is located, or this subpart shall be open to the public in the United States Court of Appeals and to elements of the news media pro- for the District of Columbia, a petition vided that in the judgment of the admin- for review of the Secretary's action. The istrative law judge, the presence of the petitioner shall forthwith transmit media does not detract from the decorum copies of the petition to the Secretary and dignity of the proceeding.
and the Attorney General of the United (2) Availability of record. The record States, who, shall represent the Secreestablished in any proceeding conducted
tary in the litigation. under this subpart shall be made avail
(3) The Secretary shall file in the able to inspection by the public as pro
court the record of the proceeding on vided for and in accordance with regula
which he based his action, as provided tions of the Department of HUD pursu
in Section 2112 of Title 28, United States
Code. No objection to the action of the ant to 24 CFR Part 15.
Secretary shall be considered by the (3) Decisions of the administrative
court unless such objection has been law judge. The statement of findings and
urged before the Secretary. the initial decision of the administrative (4) The court shall have jurisdiction law judge in any proceedings, whether to affirm or modify the action of the Secor not on appeal or review shall be in- retary or to set it aside in whole or in dexed and maintained by the Secretary part. The findings of fact by the Secre
tary, if supported by substantial evi- Subpart A-General Provisions dence on the record considered as a
$ 580.1 Applicability. whole, shall be conclusive. The court may order additional evidence to be taken by The purpose of this part is to prethe Secretary, and to be made part of
scribe policies to be followed to complete the record. The Secretary may modify the program of Federal categorical grant his findings of fact, or make new find- assistance to comprehensive city demonings, by reason of the new evidence so stration programs provided under Title I taken and filed with the court, and he
of the Demonstration Cities and Metroshall also file such modified or new find- politan Development Act of 1966, Pub. L. ings, which findings with respect to ques
89–754. tions of fact shall be conclusive if 8 580.2 Deadline for approval of new supported by substantial evidence on the
projects and activities. record considered as a whole, and shall
(a) General. The deadline for HUD also file his recommendations, if any, for
approval of new projects and activities, the modification or setting aside of his
to be carried out with funds committed original action.
by tender letter from HUD to the city (5) Upon the filing of the record with
on or prior to December 31, 1974, is the court, the jurisdiction of the court
June 30, 1975. shall be exclusive and its judgment shall (b) Reprogramming. Prior to June 30, be final, except that such judgment 1975, grant funds may be reprogrammed shall be subject to review by the Supreme into both previously approved and new Court of the United States upon writ of projects and activities, as well as into certiorari or certification as provided in program administration. Thereafter, Section 1254 of Title 28, United States
model cities grant funds may only be reCode.
programmed into previously approved
(c) Budget revision requirements. In
revising budgets prior to June 30, 1975, Subpart A-General Provisions
the city shall adhere to existing budget Sec.
requirements. After June 30, 1975, the 580.1 Applicability. 580.2 Deadline for approval of new projects
budget revision requirements listed beand activities.
low shall apply: 580.3 Deadline for city to obligate grant (1) HUD approval of budget revisions funds.
will be required only for substantial 580.4 Deadline for completion of model cities grant assistance to CCDP.
changes in the program and for changes 580.5 Exceptions to grant assistance com
in model neighborhood boundaries which pletion deadline.
add or subtract ten percent of the model Subpart B-Policies for Program Closeout neighborhood population. Substantial
changes, whether in key projects or ad580.6 Final HUD audit of CCDP. 680.7 Certification of program completion.
ministrative arrangements, are those 580.8 Reports on projects and activities which represent a major departure from
continuing after grant assistance the direction of the program as precompletion deadline.
viously approved. 580.9 Letter of credit adjustment and draw downs.
(2) The city shall report to HUD an 580.10 Final local evaluation of model cities increase of a program category budget program.
of more than the greater of 5 percent of 580.11 Citizen participation requirements. the model cities grant funded portion of Subpart C-Disposition of Property Purchased its budget or $25,000 in model cities With Model Cities Funds
grant funds. 580.12 Disposition of personal property.
(3) Any increase in program admin680.13 Assets held by economic and housing development corporations.
istration must take into consideration 580.14 Disposition of real property.
that the model cities grant shall not exAUTHORITY: Sec. 7(d) of the Department of
ceed 80 percent of the eligible costs for Housing and Urban Development Act (42 program administration. U.S.C. 3535(d)).
(4) No budget revisions may be made SOURCE: 40 FR 12073, Mar. 17, 1975, unless
which will cause the total amount of the otherwise noted.
model cities grant to be exceeded.
8 580.3 Deadline for city to obligate shall be obligated under contracts begrant funds.
tween the city and third parties or under Model cities grant funds must be obli
formal cooperation agreements between
the City Demonstration Agency and gated under contracts between the city and third parties (i.e. operating agencies
other city departments on or prior to and contractors) or under formal co
September 30, 1975 (see $ 580.3). Howoperation agreements between the City
ever, such grant funds may be budgeted Demonstration Agency and other city
for expenditure after the grant assistdepartments on or prior to September
ance completion deadline, subject to a 30, 1975, except for program adminis
written agreement between HUD and tration. Any grant funds not so obligated
(c) Economic and housing develop. by that date will be recaptured by HUD. Any grant funds which become de-obli
ment corporations. Grant funds for ecogated after the obligation deadline date,
nomic and housing development corpora
tions shall be obligated under contracts may be reprogrammed into previously
between the city and the development approved projects and activities or into program administration.
corporations on or before September 30,
1975 (see $ 580.3). However, such grant $ 580.4 Deadline for completion of funds may be budgeted for expenditure model cities grant assistance
after the grant assistance completion CCDP.
deadline, subject to a written agreement HUD, in consultation with each city, between HUD and the city. shall establish a grant assistance com- (d) Special Circumstances. In order to pletion deadline date by which all model facilitate the establishment of a grant cities grant fund assistance to the com- assistance completion deadline when prehensive city demonstration program there are projects and activities, not subshall end subject to exceptions set forth ject to paragraphs (a), (b), or (c) of in 8 580.5. Any costs incurred with re- this section, which involve longer term spect to the comprehensive city demon- contractual obligations than other projstration program after the grant assist- ects and activities, HUD Regional Adance completion deadline shall be con- ministrators may allow additional exsidered ineligible for funding under the ceptions to the grant assistance comGrant Agreement, with the exception of pletion deadline. Grant funds for projcosts incurred for activities listed in ects and activities excepted from the $ 580.5 below.
deadline by HUD Regional Administra
tors shall be obligated under contracts 8 580.5 Exceptions to grant assistance
between the city and third parties or completion deadline.
under formal cooperation agreements Costs may continue to be incurred between the City Demonstration Agency after the grant assistance completion and other city departments on or prior deadline date in the following areas: (a) to September 30, 1975 (see $ 580.3). Program administration. The city must However, such grant funds may be budgcontinue to provide an adequate num- eted for expenditure after the grant asber of knowledgeable staff to carry out its sistance completion deadline, subject to responsibilities under the model cities a written agreement between HUD and grant agreement until all HUD audit the city. findings with respect to the comprehensive city demonstration program have
Subpart B-Policies for Program Closeout been cleared by HUD. The cost of pro- 8 580.6 Final HUD audit of CCDP. viding such staff may be paid either with The final HUD audit of the compremodel cities grant funds on an 80-20
hensive city demonstration program percent basis or with other funds at the
shall be conducted as early as possible option of the city. If the city elects to
after the grant assistance completion continue to pay for such staff with model
deadline. HUD, in consultation with the cities grant funds, such funds should be
city, shall determine the specific date on budgeted for program administration, in
which the audit will begin. Capital projorder that grant funds will be available
ects, relocation activities, development to pay staff expenses until all HUD audit
corporations, and other excepted projfindings have been resolved.
ects and activities for which funds are (b) Capital projects and relocation ac
budgeted for expenditure after the grant tivities. Grant funds for completion of assistance completion deadline, will recapital projects and relocation activities main subject to additional HUD audits.
Program administration costs incurred by the city after the final audit of the comprehensive city demonstration program will be certified to on a certificate of program completion. (See $ 580.7.) The costs will be reviewed by HUD field representatives and are subject to audit. $ 580.7 Certification of program com
pletion. When all audit findings contained in the final HUD audit report have been cleared, and if applicable, when HUD and the city have entered into a written agreement regarding the completion of any activities continuing after the grant assistance completion deadline, the city shall be required to certify program completion on a form prescribed by HUD. $ 580.8 Reports on projects and activi
ties continuing after grant assistance
completion deadline. The city shall be required to submit to HUD such reports as HUD shall deem necessary with respect to capital projects, relocation activities, development corporations, and other excepted projects and activities continuing beyond the grant assistance completion deadline. § 580.9 Letter of credit adjustment and
draw downs. Upon HUD approval of the certificate of program completion and final financial statements, the city's letter of credit will be adjusted to equal the amount of the undisbursed allowable grant due to the city as shown on the certificate. $ 580.10 Final local evaluation of model
cities program. HUD will require a final evaluation of each locality's model cities program. The manner and forms for the final evaluation will be provided by HUD. $ 580.11 Citizen participation require
ments, Model cities policies relating to citizen participation remain in effect until the
grant assistance completion deadline has been reached.
Subpart C—Disposition of Property
Purchased With Model Cities Funds 8 580.12 Disposition of personal prop
erty. All office equipment, supplies, materials, and other personal property, purchased in whole or in part with grant funds and used for the administration of the program or in the administration of a project or activity operated by the city, shall be the sole property of the city. Final disposition of personal property, as described above, in the hands of a non-city operating agency shall be a contract matter between the city and the operating agency. § 580.13. Assets held by economic and
housing development corporations. Investment assets derived from the use of grant funds, such as loan notes, collateral in a guarantee fund and real property, are the property of the city or the development corporation, depending upon the contract between them. When such investment assets return to liquid form upon the completion of their specific investment purpose, the proceeds will belong to the city or the development corporation, depending upon the contract between them. Income derived from investment assets shall also belong to the city or the development corporation, depending upon the contract between them. If the ownership of investment assets and the income derived therefrom is not otherwise specified by contract or law, the city shall be the sole owner of such assets and income. § 580.14 Disposition of real property.
Following HUD approval of the certificate of program completion, HUD concurrence in the transfer of title to real property shall no longer be required.