[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR14.115]



[Page 172]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 14_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 

ADMINISTRATIVE PROCEEDINGS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  14.115  Proceedings covered.



    (a) The proceedings to which this part applies are adversary 

adjudications conducted by the Department under:

    (1) The Interstate Land Sales Full Disclosure Act, as amended, 15 

U.S.C. 1701 et seq., pursuant to 15 U.S.C. 1715 and 24 CFR part 1720;

    (2) Section 602 of the Civil Rights Act of 1964, 42 U.S.C. 2000d-1, 

and 24 CFR parts 1 and 2;

    (3) Section 505(a) of the Rehabilitation Act of 1973, as amended, 29 

U.S.C. 794a, 28 CFR part 41, and any applicable HUD regulations;

    (4) Section 305(a) of the Age Discrimination Act of 1975, 42 U.S.C. 

6104(a), 45 CFR part 90 and any applicable HUD regulations;

    (5) Section 3 of the HUD Act of 1968, 12 U.S.C. 170lu (Employment 

Opportunities for Business and Lower Income Persons in Connection with 

Assisted Projected), and 24 CFR part 135;

    (6) Debt Collection Act of 1982 (Salary Offset), 5 U.S.C. 5514, and 

24 CFR 17.125-.140;

    (7) Manufactured Home Construction and Safety Standards Act of 1974, 

42 U.S.C. 5401 et seq., and 24 CFR part 3280;

    (8) Section 111 of title I of the Housing and Community Development 

Act of 1974, 42 U.S.C. 5311, and 24 CFR 570.913;

    (9) Appeals of decisions of contracting officers made pursuant to 

section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before 

the HUD Board of Contract Appeals as provided in section 8 of that Act 

(41 U.S.C. 607); or

    (10) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3600-

3620) and 24 CFR part 104.

    (b) The Department's failure to identify a type of proceeding as an 

adversary adjudication shall not preclude the filing of an application 

by a party who believes the proceeding is covered by the Act; whether 

the proceeding is covered will then be an issue for resolution in 

proceedings on the application.

    (c) If a proceeding includes both matters covered by the Act and 

matters specifically excluded from coverage, any award made will include 

only fees and expenses related to covered issues.



[52 FR 27126, July 17, 1987, as amended at 54 FR 3283, Jan. 23, 1989]