24 C.F.R. § 10.3
Applicability
(a) This part prescribes general rulemaking procedures for the issuance, amendment, or repeal of rules in which participation by interested persons is required by 5 U.S.C. or by Department policy.
(b) The authority to issue rules, delegated by the Secretary, may not be redelegated unless expressly permitted.
(c) This part is not applicable to a determination by HUD under 24 CFR part 966 (public housing) or 24 CFR part 950 (Indian housing) that the law of a jurisdiction requires that, prior to eviction, a tenant be given a hearing in court which provides the basic elements of due process (“due process determination”).
Notes of Decisions
Cited in 2
cases, 1973–1975 · leading case: Mandina v. Lynn, 357 F. Supp. 269 (W.D. Mo. 1973).
Mandina v. Lynn, 357 F. Supp. 269 (W.D. Mo. 1973). “24 C.F.R. § 10.3 (b). This regulation is binding upon HUD, because “when an administrative agency promulgates rules to govern its proceedings, these rules must be scrupulously observed .”
Roberts v. Cameron Brown Co., 72 F.R.D. 483 (S.D. Ga. 1975). “” According to 24 C.F.R. § 10.3 (b), rules and regulations include handbooks.”
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