24 C.F.R. § 10.2
Definitions
(a) Rule or Regulation means all or part of any Departmental statement of general or particular applicability and future effect designed to: (1) Implement, interpret, or prescribe law or policy, or (2) describe the Department's organization, or its procedure or practice requirements. The term regulation is sometimes applied to a rule which has been published in the Code of Federal Regulations.
(b) Rulemaking means the Departmental process for considering and formulating the issuance, modification, or repeal of a rule.
(c) Secretary means the Secretary or the Under Secretary of Housing and Urban Development, or an official to whom the Secretary has expressly delegated authority to issue rules.
Notes of Decisions
Cited in 2
cases, 1987–1990 · leading case: N. Indian Hous. & Dev. Council v. United States, 12 Cl. Ct. 417 (Ct. Cl. 1987).
N. Indian Hous. & Dev. Council v. United States, 12 Cl. Ct. 417 (Ct. Cl. 1987). “” 24 C.F.R. § 10.2 (1986). Thus, by its own rule, any policy statement by HUD affecting a loan, benefit or contract would be expected to be a regulation, the terms of which would be binding upon the United States.”
Hous. Study Grp. v. Kemp, 732 F. Supp. 180 (D.D.C. 1990). “§ 551 (4), (5); 24 C.F.R. § 10.2 (a), (b). It is defendants’ position that letters are not new legislative rules subject to notice and comment rulemaking.”
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