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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)

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The next question is whether HUD followed applicable regulations in promulgating the rent increase rules. HUD's action here is governed by its own regulations which state that it is HUD's policy "to afford the public not less than sixty days for submission of comments" before rules are published in final form and that HUD may omit public notice and comment if it determines "that notice and public procedure are impracticable, unnecessary or contrary to the public interest." 24 C.F.R. Sec. 10.1. These rules were promulgated in 1979 pursuant to an Executive Order of the President requiring agencies to improve their procedures for providing the public with an "early and meaningful" opportunity to comment on proposed agency rules. See Executive Order 12044, 43 Fed.Reg. 12662. This occurred after HUD had previously agreed in 1976 to "comply with rule making provisions of [the APA] with respect to all HUD programs and functions." 41 Fed.Reg. 33910.