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Title 15 — Commerce and Trade

Chapter 42 — Interstate Land Sales

§ 1715. Administration

Statutory text

(a)

Delegation of functions, duties, and powers; scope of delegations; appointment, etc., of delegates; right of appeal

The authority and responsibility for administering this chapter shall be in the Director of the Bureau of Consumer Financial Protection who may delegate any of his functions, duties, and powers to employees of the Bureau of Consumer Financial Protection or to boards of such employees, including functions, duties, and powers with respect to investigating, hearing, determining, ordering, or otherwise acting as to any work, business, or matter under this chapter. The persons to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Bureau in compliance with sections 3105, 3344, 5372, and 7521 of title 5. The Director shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Bureau, to boards of officers or to himself, as shall be appropriate and in accordance with law.

(b)

Hearings

All hearings shall be public and appropriate records thereof shall be kept, and any order issued after such hearing shall be based on the record made in such hearing which shall be conducted in accordance with the provisions of subchapter II of chapter 5, and chapter 7, of title 5.

(c)

Procedures applicable

The Director shall conduct all actions with respect to rulemaking or adjudication under this chapter in accordance with the provisions of chapter 5 of title 5. Notice shall be given of any adverse action or final disposition and such notice and the entry of any order shall be accompanied by a written statement of supporting facts and legal authority.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Interstate Land Sales F till Disclosure Act

    Pub. L. 90–448 title XIV § 1416 · 82 Stat. 476

    Enacted · 15 U.S.C. § 1715

    Pub. L. 90–448, title XIV, § 1416, Aug. 1, 1968, 82 Stat. 597

    Source evidence

    Code source credit
    Pub. L. 90–448, title XIV, § 1416, Aug. 1, 1968, 82 Stat. 597

    Enacted provision · exact public law section
    Sec. 1416. administration (a) The authority and responsibility for administering this title shall be in the Secretary of Housing and Urban Development. who may delegate any of his functions, duties, and powers to employees of the Department of Housing and Urban Development or to boards of such employees, including functions, duties, and powers with respect to investigating, hearing, determining, ordering, or otherwise acting as to any work, business, or matter under this title. The persons to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and snail serve in the Department in compliance with sections 3105, 3344, 5362, and 7521 of 80 Stat. 415–528. title 5 of the United States Code. The Secretary shall by rule prescribe such rights of appeal from the decisions of his hearing examiners to other hearing examiners or to other officers in the Department, to boards of officers or to himself, as shall be appropriate and in accordance with law. (b) All hearings shall be public and appropriate records thereof shall be kept, and any order issued after such hearing shall be based on the record made in such hearing which shall be conducted in 60 Stat. 237. 5 USC 551 et seq. accordance with the provisions of the Administrative Procedure Act.

  2. Pub. L. 95–251 § 2(a)(5) · 92 Stat. 183

    Substituted · 15 U.S.C. § 1715(a)

    Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners” wherever appearing.

    Enacted provision · exact public law section
    (5) section 1416(a) of the Interstate Land Sales Full Disclosure Act (15 U.S.C. 1715(a));

  3. Pub. L. 95–454 title VIII § 801(a)(3)(J) · 92 Stat. 1111

    Substituted · 15 U.S.C. § 1715(a)

    Pub. L. 95–454 substituted “5372” for “5362”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–454 substituted “5372” for “5362”.

    Enacted provision · exact public law section
    (3) (A) Chapter 53 of title 5, United States Code, is amended— 5 USC 5301 et seq. (i) by redesignating subchapter VI as subchapter VII, and (ii) by redesignating sections 5361 through 5365 as sections 5371 through 5375, respectively. (B) (i) The analysis of chapter 53 of title 5, United States Code, is amended by striking out the items relating to subchapter VI thereof and inserting in lieu thereof the following:

  4. Housing and Community Development Amendments of 1979

    Pub. L. 96–153 title IV § 407 · 93 Stat. 1101

    Added · 15 U.S.C. § 1715(c)

    Pub. L. 96–153 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–153 added subsec. (c).

    Enacted provision · exact public law section
    Sec. 407. administrative procedure Section 1416 of the Interstate Land Sales Full Disclosure Act is amended by adding at the end thereof the following: 15 USC 1715. “(c) The Secretary shall conduct all actions with respect to rulemaking or adjudication under this title in accordance with the provisions of chapter 5 of title 5, United States Code. Notice shall be given of any adverse action or final disposition and such notice and the entry of any order shall be accompanied by a written statement of supporting facts and legal authority.”.

  5. Housing and Community Development Technical Amendments Act of 1984

    Pub. L. 98–479 title II § 202(d) · 98 Stat. 2218

    Substituted · 15 U.S.C. § 1715(b)

    Pub. L. 98–479 substituted “subchapter II of chapter 5, and chapter 7, of title 5” for “the Administrative Procedure Act”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–479 substituted “subchapter II of chapter 5, and chapter 7, of title 5” for “the Administrative Procedure Act”.

    Enacted provision · exact public law section
    (d) Section 1416(b) of the Interstate Land Sales Full Disclosure Act is amended by striking out “the Administrative Procedure Act” and inserting in lieu thereof the following: “subchapter II of chapter 5, and chapter 7, of title 5, United States Code”.

  6. Consumer Financial Protection Act of 2010

    Pub. L. 111–203 § 1098A(1) · 124 Stat. 1376

    Substituted · 15 U.S.C. § 1715

    Pub. L. 111–203, § 1098A(1), substituted “Director” for “Secretary” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 111–203, § 1098A(1), substituted “Director” for “Secretary” wherever appearing.

    Enacted provision · exact public law section
    (1) by 15 USC 1702 et seq. striking “Secretary” each place that term appears and inserting “Director”;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

  7. Consumer Financial Protection Act of 2010

    Pub. L. 111–203 § 1098A(5) · 124 Stat. 1376

    Substituted · 15 U.S.C. § 1715(a)

    Pub. L. 111–203, § 1098A(5), substituted “Director of the Bureau of Consumer Financial Protection” for “Secretary of Housing and Urban Development”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–203, § 1098A(5), substituted “Director of the Bureau of Consumer Financial Protection” for “Secretary of Housing and Urban Development”.

    Enacted provision · exact public law section
    (5) in section 1416(a) (15 U.S.C. 1715(a)), by striking “Secretary of Housing and Urban Development” and inserting “Director of the Bureau of Consumer Financial Protection”.

    Effective date note
    Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

  8. Consumer Financial Protection Act of 2010

    Pub. L. 111–203 § 1098A(3) · 124 Stat. 1376

    Substituted · 15 U.S.C. § 1715(a)

    Pub. L. 111–203, § 1098A(3), substituted “in the Bureau” for “in the Department” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–203, § 1098A(3), substituted “in the Bureau” for “in the Department” in two places.

    Enacted provision · exact public law section
    (3) by 15 USC 1715. striking “Department” each place that term appears and inserting “Bureau”;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

  9. Consumer Financial Protection Act of 2010

    Pub. L. 111–203 § 1098A(2) · 124 Stat. 1376

    Substituted · 15 U.S.C. § 1715(a)

    Pub. L. 111–203, § 1098A(2), substituted “Bureau of Consumer Financial Protection or” for “Department of Housing and Urban Development or”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–203, § 1098A(2), substituted “Bureau of Consumer Financial Protection or” for “Department of Housing and Urban Development or”.

    Enacted provision · exact public law section
    (2) 15 USC 1715. by striking “Department of Housing and Urban Development” each place that term appears and inserting “Bureau of Consumer Financial Protection”;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

9 of 9 references resolved to an enrolled provision

Editorial Notes

Amendments1978–2010 · 4 rounds

2010

Pub. L. 111–203, § 1098A(1), substituted “Director” for “Secretary” wherever appearing.

Subsec. (a). Pub. L. 111–203, § 1098A(5), substituted “Director of the Bureau of Consumer Financial Protection” for “Secretary of Housing and Urban Development”.

Pub. L. 111–203, § 1098A(3), substituted “in the Bureau” for “in the Department” in two places.

Pub. L. 111–203, § 1098A(2), substituted “Bureau of Consumer Financial Protection or” for “Department of Housing and Urban Development or”.

1984

Subsec. (b). Pub. L. 98–479 substituted “subchapter II of chapter 5, and chapter 7, of title 5” for “the Administrative Procedure Act”.

1979

Subsec. (c). Pub. L. 96–153 added subsec. (c).

1978

Subsec. (a). Pub. L. 95–454 substituted “5372” for “5362”.

Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–153 effective on effective date of regulations implementing such amendment, but in no case later than six months following , see section 410 of Pub. L. 96–153, set out as a note under section 1701 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after , see section 801(a)(4) of Pub. L. 95–454, set out as a note under section 5361 of Title 5, Government Organization and Employees.

Effective Date

Section effective upon the expiration of two hundred and seventy days after , see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.

Credits

1968–2010 · 6 acts
  1. 1968Pub. L. 90–448, title XIV, § 1416, , 82 Stat. 597
  2. 1978Pub. L. 95–251, § 2(a)(5), , 92 Stat. 183
  3. 1978Pub. L. 95–454, title VIII, § 801(a)(3)(J), , 92 Stat. 1222
  4. 1979Pub. L. 96–153, title IV, § 407, , 93 Stat. 1131
  5. 1984Pub. L. 98–479, title II, § 202(d), , 98 Stat. 2228
  6. 2010Pub. L. 111–203, title X, § 1098A(1)–(3), (5), , 124 Stat. 2105.
Show as published

(Pub. L. 90–448, title XIV, § 1416, , 82 Stat. 597; Pub. L. 95–251, § 2(a)(5), , 92 Stat. 183; Pub. L. 95–454, title VIII, § 801(a)(3)(J), , 92 Stat. 1222; Pub. L. 96–153, title IV, § 407, , 93 Stat. 1131; Pub. L. 98–479, title II, § 202(d), , 98 Stat. 2228; Pub. L. 111–203, title X, § 1098A(1)–(3), (5), , 124 Stat. 2105.)

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