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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Williams v. Pierce, 708 F.2d 57 (1983)

Citation
Williams v. Pierce, 708 F.2d 57 (1983)
Parent Document
Williams v. Pierce, 708 F.2d 57 (1983)
Effective Date
1983-05-12

Other Sections in This Document (51)

Full Text

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28
Although the new standard was nominally labeled an "interim rule," id. at 19122, in fact it was a final rule: HUD stated that the rule would "become effective as soon as possible and prior to the receipt of public comment." Id. (emphasis added). HUD did state that public comments "will be received for a 45-day period following publication," id., but also stated that it was declining to permit public comment before publication of the final rule because the changes made by the rule "flow directly from legislative changes without additional exercise of discretion and because of the public interest in the implementation of the legislation, which became effective on October 1, 1981." Id. On July 16, 1982, HUD announced that the new regulations would be effective August 1, 1982. 47 Fed.Reg. 30969. In short, since the rules were to go into effect regardless of public comment, the latter was obviously discouraged, even if made during the 45-day period.