[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR36.4221]

[Page 559-560]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 36--LOAN GUARANTY--Table of Contents
 
Sec. 36.4221  Delegation of authority.

    (a) Except as hereinafter provided, each employee of the Department 
of Veterans Affairs heretofore or hereafter appointed to, or lawfully 
filling, any position designated in paragraph (b) of this section is 
hereby delegated

[[Page 560]]

authority, within the limitations and conditions prescribed by law, to 
exercise the powers and functions of the Secretary with respect to the 
guaranty of manufactured home loans and the rights and liabilities 
arising therefrom, including but not limited to the adjudication and 
allowance, disallowance, and compromise of claims; the collection or 
compromise of amounts due, in money or other property; the extension, 
rearrangement, or acquisition of loans; the management and disposition 
of secured and unsecured notes and other property; and those functions 
expressly or impliedly embraced within paragraphs (2) to (6), inclusive, 
of 38 U.S.C. 3720(a). Incidental to the exercise and performance of the 
powers and functions hereby delegated, each such employee is authorized 
to execute and deliver (with or without acknowledgment) for, and on 
behalf of, the Secretary, evidence of guaranty and such certificates, 
forms, conveyances, and other instruments as may be appropriate in 
connection with the acquisition, ownership, management, sale, transfer, 
assignment, encumbrance, rental, or other disposition of real or 
personal property, or of any right, title, or interest therein, 
including, but not limited to, contracts of sale, installment contracts, 
deeds, leases, bills of sale, assignments, and releases; and to approve 
disbursements to be made for any purpose authorized by 38 U.S.C. chapter 
37.
    (b) Designated positions:

Under Secretary for Benefits.
Director, Loan Guaranty Service.
Director, Regional Office.
Director, Medical and Regional Office Center.
Director, VA Regional Office and Insurance Center.
Loan Guaranty Officer.
Assistant Loan Guaranty Officer.


The authority hereby delegated to employees of the positions designated 
in this paragraph may, with the approval of the Under Secretary for 
Benefits, be redelegated.
    (c) Nothing in this section shall be construed (1) to authorize any 
such employee to exercise the authority vested in the Secretary under 38 
U.S.C. 501 or 3715(b) or to sue, or enter appearance for and on behalf 
of the Secretary, or confess judgment against the Secretary in any court 
without prior authorization; or (2) to include the authority to exercise 
those powers delegated to the Under Secretary for Benefits, or the 
Director, Loan Guaranty Service, under Sec. 36.4220: Provided, That 
anything in the regulations concerning guaranty of loans to veterans to 
the contrary notwithstanding, any evidence of guaranty issued on or 
after January 27, 1971 by any of the employees designated in paragraph 
(b) of this section or by any employee designated an authorized agent or 
a loan guaranty agent shall be deemed to have been issued by the 
Secretary, subject to the defenses reserved in 38 U.S.C. 3721.
    (d) Each Regional Office, regional office and insurance center, and 
Medical and Regional Office Center shall maintain and keep current a 
cumulative list of all employees of that Office or Center who, since May 
1, 1980, have occupied the positions of Director, Loan Guaranty Officer 
and Assistant Loan Guaranty Officer. This list will include each 
employee's name, title, date the employee assumed the position, and the 
termination date, if applicable, of the employee's tenure in such 
position. The list shall be available for public inspection and copying 
at the Regional Office, or Center, during normal business hours.


(Authority: 38 U.S.C. 501, 3720(a)(5))

[36 FR 1253, Jan. 27, 1971, as amended at 40 FR 13214, Mar. 25, 1975; 44 
FR 16014, Mar. 16, 1979; 45 FR 21243, Apr. 1, 1980; 46 FR 43671, Aug. 
31, 1981; 49 FR 13352, Apr. 4, 1984; 61 FR 28058, June 4, 1996]