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3282.3. Establishment of Office.
There is established, as a unit subordinate to the Assistant Secretary for Consumer Affairs and Regulatory Functions, the Office of Mobile Home Standards.
3282.4. Director.
The Office Of Mobile Home Standards is headed by the Director, who shall be named by the Assistant Secretary for Consumer Affairs and Regulatory Functions.
3282.5. Principal Divisions.
The following Divisions have been established within the Office of Mobile Home Standards:
(a) Standards Coordination and Liaison Division.
(b) Enforcement and State Liaison Division.
(c) Investigation and Data Collection Division.
3282.6. Separability of Provisions.
If any clause, sentence, paragraph, section or other portion of Part 3282 shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined by its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
3282.7. Definitions.
The definitions in this subpart are those common to all subparts of the regulations.
(a)'Act' means the National Mobile Home Construction and Safety Standards Act of 1974, Title VI of the Housing and Community Development Act of 1974 (42 U.S.C. 5401 et seq.).
(b) 'Add-on' means any structure (except a structure designed or produced as an integral part of a mobile home) which, when attached to the basic mobile home unit, increases the area, either living or storage, of the mobile home.
(c) 'Alteration' means the replacement, addition, and modification, or removal of any equipment or installation after sale by a manufacturer to a dealer or distributor but prior to sale by a dealer to a purchaser which may affect the construction, fire safety, occupancy, plumbing, heat-producing or electrical system. It includes any modification made in the mobile home which may affect the compliance of the home with the standards, but it does not include the repair or replacement of a component or appliance requiring plug-in to an electrical receptacle where the replaced item is of the same configuration and rating as the one being replaced. It also does not include the addition of an appliance requiring 'plug-in' to an electrical receptacle, which appliance was not provided with the mobile home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which it is connected.
(d) 'Certification label' see 'label.'
(e) 'Certification Report' means the report prepared by an IPIA (see definition z) for each mobile home manufacturing plant under 3282.203 in which the IPIA provides a complete description of the initial comprehensive inspection of the plant, an evaluation of the quality assurance program under the approved quality assurance manual, and the identity of the DAPIA (see definition z) which approved the designs and quality assurance manual used in the plant. Where appropriate under 3282.362(b)(5), the certification report may be made by a DAPIA.
(f) 'Component' means any part, material or appliance which is built in as an integral part of the mobile home during the manufacturing process.
(g) 'Cost Information' means information submitted by a manufacturer under Section 607 of the Act with respect to alleged cost increases resulting from action by the Secretary, in such form as to permit the public and the Secretary to make an informed judgment on the validity of the manufacturer's statements. Such term includes both the manufacturer's cost and the cost to retail purchasers.
(h) 'Date of Manufacture' means the date on which the label required by 3282.205(c), is affixecd to the mobile home.
(i) 'Dealer' means any person engaged in the sale, leasing, or distribution of new mobile homes primarily to persons who in good faith purchase or lease a mobile home for purposes other than resale.
(j) 'Defect' means a failure to comply with an applicable Federal mobile home safety and construction standard that renders the mobile home or any part or component thereof not fit for the ordinary use for which it was intended, but does not result in an unreasonable risk of injury or death to occupants of the affected mobile home. See related definitions of 'imminent safety hazard' (definition q), 'noncompliance' (definition x), and 'serious defect' (definition ff).
(k) 'Department' means the Department of Housing and Urban Development.
(l) 'Design' means drawings, specifications, sketches and the related engineering calculations, tests and data in support of the configurations, structures and systems to be incorporated in mobile homes manufactured in a plant.
(m) 'Director' means the Director of the Office of Mobile Home Standards.
(n) 'Distributor' means any person engaged in the sale and distribution of mobile homes for resale.
(o) 'Failure to Conform' means an imminent safety hazard related to the standards, a serious defect, defect, or noncompliance and is used as a substitute for all of those terms.
(p) 'HUD' means the Department of Housing and Urban Development.
(q) 'Imminent Safety Hazard' means a hazard that presents an imminent and unreasonable risk of death or severe personal injury that may or may not be related to a failure to comply with an applicable Federal mobile home construction or safety standard. See related definitions of 'defect' (definition j), 'noncompliance' (definition x) and 'serious defect' (definition ff).
(r) 'Joint Monitoring Team' means a monitoring team composed of personnel provided by the various State Administrative Agencies, or by HUD or its contract agent, operating under a contract with HUD for the purpose of monitoring, or otherwise aiding in the enforement of the Federal standards.
(s) 'Label' or 'certification label' means the approved form of certification by the manufacturer that, under 3282.362(c)(2)(i), is permanently affixed to each transportable section of each mobile home manufactured for sale to a purchaser in the United States.
(t) 'Manufacturer' means any person engaged in manufacturing or assembling mobile homes, including any person engaged in importing mobile homes for resale.
(u) 'Mobile Home' means a structure, transportable in one or more sections, which when erected on site measures eight body feet or more in width and thirty-two body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.
(v) 'Mobile Home Construction' means all activities relating to the assembly and manufacture of a mobile home including but not limited to those relating to durability, quality, and safety.
(w) 'Mobile Home Safety' means the performance of a mobile home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design or construction of such mobile home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur.
(x) 'Noncompliance' means a failure of a mobile home to comply with a Federal mobile home construction or safety standard that does not constitute a defect, serious defect, or imminent safety hazard. See related definitions or 'Defect' (definition j), 'imminent safety hazard' (definition q), and 'serious defect' (definition ff).
(y) 'Owner' means any person purchasing a mobile home from any other person after the first purchase of the mobile home, in good faith, for purposes other than resale.
(z) 'Primary Inspection Agency' (IPA) means a State or private organization that has been accepted by the Secretary in accordance with the requirements of Subpart H of this Part. There are two types of PIA:
(1) Design Approval PIA (DAPIA), which evaluates and approves or disapproves mobile home designs and quality control procedures, and
(2) Production Inspection PIA (IPIA), which evaluates the ability of mobile home manufacturing plants to follow approved quality control procedures and provides ongoing surveillance of the manufacturing process. Organizations may act as one or both of these types.
(aa) 'Purchaser' means the first person purchasing a mobile home in good faith for purposes other than resale.
(bb) 'Quality Assurance Manual' means a manual, prepared by each manufacturer for its manufacturing plants and approved by a DAPIA which contains: a statement of the manufacturer's quality assurance program, a chart of the organization showing, by position, all personnel accountable for quality assurance, a lsit of tests and test equipment required, a station-by-station description of the manufacturing process, a list of inspections required at each station, and a list by title of personnel in the manufacturer's organization to be held responsible for each inspection. Where necessary, the quality assurance manual used in a particular plant shall contain information specific to that plant.
(cc) 'To Red Tag' means to affix a notice to a mobile home which has been found to contain an imminent safety hazard or a failure to conform with any applicable standard. A 'red tag' is the notice so affixed to the mobile home.
(dd) 'Secretary' means the Secretary of Housing and Urban Development.
(ee) 'Secretary's Agent' means a party operating as an independent contractor under a contract with HUD.
(ff) 'Serious Defect' means any failure to comply with an applicable Federal mobile home construction and safety standard that renders the mobile home or any part thereof not fit for the oridinary use for which it was intended and which results in an unreasonable risk of injury or death to occupants of the affected mobile home.
(gg) 'Standards' means the Federal mobile home construction and safety standards promulgated under section 604 of the Act, 42 U.S.C. 5403, as Part 280 of these regulations.
(hh) 'State' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.
(ii) 'State Administrative Agency' (SAA) means an agency of a State which has been approved or conditionally approved to carry out the State plan for enforcement of the standards pursuant to section 623 of the Act, 42 U.S.C. 5422, and Subpart G of this part.
(jj) 'State Plan Application' means the application of any State organization which is submitted to the Secretary for approval as a State Administrative Agency under Subpart G.
(kk) 'System' means a set or arrangement of materials or components related or connected as to form an operating entity, i.e., heating, ventilating and air-conditioning systems, evaporative coolers.
(ll) 'Title I' means Title I of the National Housing Act, 12 U.S.C. 1701, which authorizes HUD to insure loans made for the purchase of mobile homes that are certified as meeting HUD requirements for dwelling quality and safety.
(mm) 'United States District Courts' means the Federal district courts of the United States and the United States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.
3282.8. Applicability.
(a) Mobile Homes. This part applies to all mobile homes that enter the first stage of production on or after June 15, 1976, and to all mobile homes that enter the first stage of production before June 15, 1976, to which labels are applied under 3282.205(d).
(b) States. This Part applies to States that desire to assume responsibility under the Federal mobile home construction and safety standards enforcement program. It includes requirements which must be met in order for State agencies to be approved by the Secretary under Section 623(c) of the Act, 42 U.S.C. 5422(c). It also includes requirements for States wishing to act as primary inspection agencies, as defined in 3282.7, or to participate in monitoring activities under 3282.308.
(c) Primary Inspection and Engineering Organizations. This Part applies to each private inspection and engineering organization that wishes to qualify as a primary inspection agency under Subpart H.
(d) Mobile Home Manufacturers. This Part applies to all manufacturers producing mobile homes for sale in the United States. It includes:
(1) Inspection procedures to be carried out in the manufacturing plants.
(2) Procedures by which a manufacturer obtains approval of mobile home designs.
(3) Procedures by which a manufacturer obtains approval of manufacturing quality control and assurance programs.
(4) Procedures by which a manufacturer may obtain production inspections and certification labels for its mobile homes.
(e) Mobile Home Dealers and Distributors. This Part applies to any person selling, leasing, or distributing new mobile homes for use in the United States. It includes prohibitions of the sale of new mobile homes to which labels have not been affixed pursuant to Subpart H of these regulations or that have been altered, damaged, or otherwise caused not to be in compliance with the Federal standards.
(f) Purchasers, Owners and Consumers. This Part applies to purchasers, owners and consumers of mobile homes in that it sets out procedures to be followed when purchasers, owners and consumers complain to manufacturers, States, the Secretary or others concerning problems in mobile homes for which remedies are provided under the Act.
(g) Recreational Vehicles. Recreational vehicles do not fall within the definition of mobile homes and are not subject to these regulations. A recreational vehicle is a vehicle, regardless of size, which is not designed to be used as a permanent dwelling, and in which the plumbing, heating, and electrical systems contained therein may be operated without connection to outside utilities and which are self propelled or towed by a light duty vehicle.
(h) Imported Mobile Homes. Imported mobile homes are covered by the regulations except as modified by regulations promulgated jointly by the Secretary and the Secretary of the Treasury.
(i) Export Mobile Homes. Mobile homes intended solely for export are not governed by this Part or by Part 280 of this title if a label or tag stating that the mobile home is intended solely for export is placed on the mobile home or the outside of the container, if any, in which it is to be exported. However, any mobile home so tagged or labeled that is not exported but is sold to a purchaser in the United States is subject to this Part and Part 280 of this title.
(j) Add-on. An add-on added by the dealer or some other party not the manufacturer (except where the manufacturer acts as a dealer) as part of a simultaneous transaction involving the sale of a new mobile home, is not governed by the standards and is not subject to these regulations. However, the addition of the add-on must not affect the ability of the basic mobile home to comply with the standards. If the addition of an add-on causes the basic mobile home to fail to conform to the standards, sale, lease, and offer for sale or lease of the home is prohibited until the mobile home is brought into conformance with the standards. While the standards do not govern add-ons, the Secretary has the authority to promulgate standards for add-ons and may do so in the future.
(k) A structure (including an expandable room, tip-out, or tag- along unit) which is designed and produced as an integral part of a mobile home when assembled on site, is governed by the standards and these regulations regardless of the dimensions of such structure.
(l) Multifamily Homes. Mobile homes designed and manufactured with more than one separate living unit are not covered by the standards and these regulations.
(m) Modular Homes. Modular homes that fall within the defintion of 'mobile home' set out at 3282.7(u) are not covered by these regulations if they are exempt from the standards under 24 C.F.R. 280.7.
3282.9. Computation of Time.
In computing any period of time prescribed or allowed by these regulations, the day of the act or event from which the designated period of time begins to run, shall not be included in the computation. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be exluded in the computation. When the period of time prescribed or allowed is more than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be included in the computation. As used in this section 'legal holiday' includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States.
3282.10. Civil and Criminal Penalties.
Failure to comply with these regulations may subject the party in question to the civil and criminal penalties provided for in Section 611 of the Act, 42 U.S.C. 5410.
3282.11. Preemption and Reciprocity.
(a) No State mobile home standard regarding mobile home construction and safety which covers aspects of the mobile home governed by the Federal standards shall be established or continue in effect with respect to mobile homes subject to the Federal standards and these regulations unless it is identical to the Federal standards.
(b) No State may require, as a condition of entry into or sale in the State, that a mobile home which has been certified as in conformance with the Federal standards by the application of the label required by 3282.362(c)(2)(i) be subjected to state inspection to determine compliance with any standard covering any aspect of the mobile home covered by the Federal standard, except that a State may inspect a home to determine compliance with the Federal standard or an identical State standard if a transition certification label has been affixed to the home under 3282.207. Nor may any State require that a State label certifying comformance to the Federal standard or an identical standard be placed on the mobile home, except that such a label may be required where a transition certification label has been affixed to the home under 3282.207. Certain actions which States are permitted to take are set out in 3282.303 of Subpart G of this Part.
(c) States may participate in the enforcement of the Federal standards enforcement program under these regulations either as SAAs or PIAs or both. These regulations establish the exclusive system for enforcement of the Federal standards. No State may establish or keep in effect, through a building code enforcement system or otherwise, procedures or requirements which constitute systems for enforcement of the Federal standards or of identical State standards which are outside the system established in these regulations or which go beyond this system to require remedical actions which are not required by the Act and these regulations. However, a State may establish or continue in force consumer protections, such as warranty requirements, which do not constitute systems of enforcement of the Federal standards regardless of whether the State qualifies as an SAA or PIA.
(d) Except where a state is inspecting or providing a State label for a mobile home to which a transition certification label has been applied under 3282.207, and except where a State is providing one of the services mentioned in 3283.303, and except where a State is acting as a PIA, no State may charge a fee for any services provided under these regulations. Further, no State may charge a fee which is designed simply to replace revenues lost when this program replaces the State program or a fee which burdens interstate commerce, or a fee which, in itself or as it is administered, constitutes a system of enforcement of the Federal standards or of an identical State standard.
Subpart B. Formal Procedures
3282.51. Scope.
This subpart contains rules of procedure generally applicable to the transaction of official business under the National Mobile Home Construction and Safety Standards Act of 1974, including the rules governing public availability of information.
3282.52. Address of Communications.
Unless otherwise specified, communications shall be addressed to the Director, Office of Mobile Home Standards, Department of Housing and Urban Development, 451 Seventh Street, S.W., Washington, D.C. 20410.
3282.53. Service of Process on Foreign Manufacturers and Importers.
(a) Designation of agent for service. Any manufacturer, before offering a mobile home for importation into the United States, shall designate an agent upon whom service of all processes, notices, orders, decisions, and requirements may be made for and on behalf of such manufacturers as provided in section 612(e) of the Act and in this section. The agent may be an individual, a firm, or a domestic corporation. Changes in the designation of agents shall be made in accordance with the provisions of 3282.53(b).
(b) Form and contents of designation of agent. The designation shall be in writing, dated, and signed by the manufacturer and the designated agent. The designation shall be made in legal form required to make it valid and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation by the manufacturer at the place and time where it is made and the person or persons signing the designation shall certify that it is so made. The designation shall disclose the full legal name, principal place of business, and mailing address of both the manufacturer and the designated agent.
(c) Method of Service. Service of any process, notice, order, requirements, or decision specified in section 612(e) of the Act may be made by registered or certified mail addressed to the agent with return receipt requested, or in any other manner authorized by law. If service cannot be effected on the designated agent for any reason, service may be made to the Secretary by registered or certified mail.
3282.54. Public Information.
(a) General. Subject to the provisions of 24 CFR Part 15 covering the production or disclosure of material or information and the provisions of 24 CFR Part 16 at 40 FR 39729 relating to the Privacy Act, and except as otherwise provided by paragraphs (b), (c), (d), and (e) of this section, the Secretary may make available to the public:
(1) Any information which may indicate the existence of an imminent safety hazard, and
(2) Any information which may indicate the failure of a mobile home to comply with applicable mobile home construction and safety standards, and
(3) Such other information as the Secretary determines is necessary to carry out the Secretary's functions under the Act.
(b) Protected Information. Data and information submitted or otherwise provided to the Secretary or an agent of the Secretary or a PIA or SAA which fall within the definitions of a trade secret or confidential commercial or financial information are exempt from disclosure under this section, only if the party submitting or providing the information so requests under paragraph (c). However, the Secretary may disclose such information to any porson requesting it after deletion of the portions which are exempt, or in such combined or summary form as does not disclose the portions which are exempt from disclosure or in its entirety in accordance with section 614 of the Act, U.S.C. 5413.
(c) Obtaining Exemption. Any party submitting any information to the Secretary in any form under this Part, or otherwise in relation to the program established by the Act shall, if the party desires the information to be exempt from disclosure, at the time of submittal of the information or at any time thereafter, request that the information or any part thereof be protected from disclosure.
The request for nondisclosure shall include the basis for the request under the Act or other authority and complete justification supporting the claim that the material should be exempt from disclosure. The request should also include a statement of the information in such combined or summary form that alleged trade secrets or other protected information and the identity of the submitting party would not be disclosed. This request need not be made with respect to information which was submitted to the Secretary, an SAA or a PIA prior to the effective date of these regulations.
(d) Information submitted in opposition to action of the Secretary under Section 607(a) of the Act, 42 U.S.C. 5406(a). Notice of the availablility of any information submitted under Section 607 of the Act shall be published in the Federal Register promptly after its receipt and after any determination by the Secretary regarding a manufacturer's request for exemption from disclosure under that section.
(e) Request for Information from PIAs or SAAs. Whenever a PIA or SAA receives requests for disclosure of information, it shall disclose the information unless the party from which the information was originally obtained has submitted to the PIA or SAA a request that the information not be disclosed under paragraph (c) of this section, except that the PIA or SAA shall be governed by the provisions of 24 CFR, Part 16, (Sec. 40 F.R. 39729) relating to the Privacy Act which may limit the disclosure of information. If a request for nondisclosure under paragraph (c) has been received with respect to information whose disclosure is requested, the PIA or SAA shall refer the matter to the Secretary within 5 days of the request for disclosure. If a PIA or SAA receives a request for disclosure of information related to this program, which information was submitted to the PIA or SAA prior to the effective date of these regulations, the PIA or SAA shall refer the request for nondisclosure and required information to the Secretary.
Subpart C. Rules and Rulemaking Procedures
3282.101. Scope and Purpose.
This subpart prescribes procedures that apply to the formulation, issuance, amendment and revocation of rules pursuant to the National Mobile Home Construction and Safety Standards Act of 1974. Rulemaking under the Act is also subject to the provisions of 24 CFR Part 10.
3282.102. Regulatory Docket.
Information and data deemed relevant by the Secretary relating to rulemaking actions, including notices of proposed rulemaking, comments received in response to notices, petitions for rulemaking and reconsideration, denials of petitions for rulemaking and reconsideration, and final rules are maintained by the Rules Docket Clerk, Office of the Secretary, Room 10141, Department of Housing and Urban Development, 451 Seventh Street, S.W., Washington, D.C. 20410. All communications with respect to rulemaking shall be sent to the Rules Docket Clerk at the above address.
3282.103. Initiation of Rulemaking.
(a) The issuance, amendment or repeal of any rule may be proposed upon the initiative of the Secretary or upon the petition of any interested person showing reasonable grounds therefor.
(b) Petitions for rulemaking by interested persons.
(1) Each petition filed under this subsection:
(i) Shall set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitioner seeks to have repealed, as the case may be;
(ii) Shall explain the interest of the petitioner in the action requested;
(iii) Shall contain any information and arguments available to the petitioner to support the action sought; and
(iv) Should be identified as a petition for rulemaking submitted under this subpart.
(2) The Secretary shall respond to a petition submitted under this section within 180 days of receipt thereof by granting or denying the petition or scheduling a public hearing or other appropriate proceeding, except that this time limit may be exceeded where necessary to assure full resolution of the issues involved on the basis of adequate information. Unless the Secretary otherwise specifies, no public hearing, argument or other proceedings shall be held on a petition before its disposition under this subsection. If the Secretary determines that the petition contains adequate justification, the Secretary shall initiate rulemaking action under this subpart. If the Secretary determines that the petition does not justify rulemaking, the Secretary shall deny the petition and notify the petitioner.
3282.104. Advance Notice of Proposed Rulemaking.
An Advance Notice of Proposed Rulemaking is a notice in which the Secretary indicates that consideration is being given to proposing a rule and through which the public is given an early opportunity to participate in decisions as to whether a rule change is necessary and what the content of the new rule should be. The Advance Notice is published in the Federal Register and it explains the possible need for rulemaking and the issues which may be involved. Where possible, it includes specific questions to which the Secretary needs answers in order to develop a proposed rule under 3282.105. The Secretary will use the Advance Notice whenever, in the judgment of the Secretary, it is appropriate and practicable in developing rules under this subpart.
3282.105. Notice of Proposed Rulemaking.
(a) A notice of proposed rulemaking shall be issued and interested persons invited to participate in the process of formulation of rules under applicable provisions of the Act, unless the Secretary, for good cause, finds that notice is impractical, unnecessary or contrary to the public interest, and incorporates that finding and a brief statement of the reasons therefor in the rule.
(b) Each notice of proposed rulemaking shall be published in the Federal Register, and shall include:
(1) A statement of the nature of the proposed rulemaking;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the substance and terms of the proposed rule;
(4) A statement of the time within which written comments must be submitted;
(5) A statement of the time and place of the public rulemaking proceedings, if any.
3282.106. Participation by Interested Persons.
Any interested person may participate in the process of formulating, amending or repealing a rule by submitting comments in writing containing information, views or arguments.
3282.107. Contents of Written Comments.
Comments should be clearly organized so that the Secretary can determine which points made in the comment relate to which aspects of the proposed rule or Advanced Notice. They should include documentation of all factual assertions. It is requested, but not required, that 10 copies be submitted, incorporation of material by reference should be avoided. However, if such incorporation is necessary, the incorporated material should be identified with respect to document and page.
3282.108. Considerattion of Comments Received.
All timely comments shall be considered before final action is taken on a rulemaking proposal. Comments filed late may be considered as far as practicable.
3282.109. Additional Rulemaking Proceedings.
The Secretary may initiate any further rulemaking proceedings that the Secretary finds necessary or desirable.
3282.110. Effective Date of Standards.
Each order establishing, amending or revoking a Federal mobile home construction and safety standard shall specify the date such standard is to take effect, which shall not be sooner than 180 days or later than one year after the date such order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes the reasons for such findings.
3282.111. Petitions for Reconsideration of Final Rules.
(a) Definition. A petition for reconsideration of a final rule issued by the Secretary is a request in writing from any interested person which must be received not later than 60 days after publication of the rule in the Federal Register. The petition shall state that it is a petition for reconsideration of a final rule, and shall contain an explanation as to why compliance with the rule is not practicable, is unreasonable, or is not in the public interest. If the petitioner requests the consideration of additional facts, the petitioner shall state the reason they were not presented to be treated as petitions for rulemaking.
(b) Proceedings on Petitions for Reconsideration. The Secretary may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. The Secretary may issue a final decision on reconsideration without further proceeding, or may provide such opportunity to submit comments or information and data as the Secretary deems appropriate.
(c) Unless the Secretary determines otherwise, the filing of a petition under this section does not stay the effectiveness of the rule in question.
(d) Any party seeking to challenge any rule or regulation issued under the Act, except orders issued under section 604, 42 U.S.C. 5403, if the challenge is brought before the expiration of the 60 day period set out in paragraph (a), shall file a timely petition for reconsideration under this section prior to seeking any other remedy.
3282.112. Rulemaking on the Basis of Cost Information Submitted.
Whenever the Secretary proposed to establish, amend or revoke a standard on the basis of cost information submitted by a manufacturer in opposition to any action of the Secretary under Section 604, 42 U.S.C. 5403, or any other provision of the Act, the Secretary shall publish a notice of such proposed action and the reasons therefor in the Federal Register a least 30 days in advance of making a final determination in order to allow interested parties an opportunity to comment.
Subpart D. Hearings, Presentations of Views, and Investigations
3282.113. Interpretive Bulletins.
When appropriate, the Secretary shall issue interpretive bulletins interpreting the standards under the authority of Section 280.1(b) and (c) of this chapter or interpreting the provisions of this part. Issuance of interpretive bulletins shall be treated as rulemaking under this subpart unless the Secretary deems such treatment not to be in the public interest and the interpretation is not required by 24 CFR Part 10 or any other applicable statutes or regulations to be treated as rulemaking. All interpretive bulletins shall be indexed and made available to the public at the Office of Mobile Home Standards and a copy of the index shall be published periodically in the Federal Register.
3282.151. Applicability and Scope.
(a) This subpart sets out procedures to be followed when an opportunity to present views provided for in the Act is requested by a party entitled to one under the Act. Those situations arise whenever the Secretary contemplates injunctive action under Section 612(a), 42 U.S.C. 5410(a) of the Act, whenever the Secretary contemplates making an administrative determination of imminent safety hazard, serious defect, defect, or noncompliance under Section 615(e), 42 U.S.C. 5414(e) whenever there is a question as to who should bear the responsibility for correction under Section 615(g), 42 U.S.C. 5414(g) whenever the Secretary contemplates rejecting a State plan under Section 623(d), 42 U.S.C. 5422(d), and whenever the Secretary contemplates withdrawal of approval of a State plan under Section 623(f), 42 U.S.C. 5422(f). Section 3282.152 provides for two types or procedures which may be followed in these cases, one informal and nonadversary. It also sets out criteria to govern which type of procedure will be followed in particular cases.
(b) The procedures of 3282.152 also apply to:
(1) Proceedings held by the Secretary whenever the suspension or disqualification of a primary inspection agency, which has been granted final approval, is recommended under 3282.356 of these regulations, and
(2) Resolution of disputes where an SAA or manufacturer disagrees with a determination of a DAPIA under 3282.361 that a mobile home design does or does not conform to the standards or that a quality assurance manual is or is not adequate with a decision by an IPIA to red tag or not to red tag or to provide or not to provide a certification label for a mobile home under 3282.362 when the IPIA believes that the mobile home does or does not conform to the standards.
(c) This subpart also sets out procedures which the Secretary may follow in holding hearings and carrying out inspections and investigations authorized by Section 614(c) of the Act, 42 U.S.C. 5413(c), or otherwise. Generally, the provisions of 3282.153 apply to these proceedings, though the procedures set out in 3282.152 may also be followed, as may other procedures which the Secretary deems appropriate.
(d) The procedures set out in 3282.152 shall also be followed whenever State Administrative Agencies hold hearings or presentations of views under 3282.309.
(e) To the extent that these regulations provide for hearings or presentation of views for parties which would otherwise qualify for hearings under 24 CFR Part 24, the procedures of 24 CFR Part 24 shall not be available and shall not apply.
3282.152. Procedures for Hearings and for the Presentation of Views.
(a) Policy. All Hearings and Presentations of Views under this subpart shall be public, unless, for good cause, the Secretary determines it is in the public interest that the proceedings should be closed. If the Secretary determines that a proceeding should be closed, the Secretary shall state and make publicly available the basis for that determination.
(b) Request. Upon receipt of a request for a Hearing or Presentation of Views under this subpart, the Secretary shall either grant the relief for which the Hearing or Presentation of Views is requested or shall issue a notice under paragraph (c) of this section.
(c) Notice. When the Secretary decides to conduct a Hearing or Presentation of Views under this section, the Secretary shall provide notice as follows:
(1) Except where the need for swift resolution of the question involved prohibits it, notice of a proceeding hereunder shall be published in the Federal Register at least 10 days prior to the date of the proceeding. In any case, notice shall be provided to interested persons to the maximum extent practicable. Direct notice shall be sent by certified mail to the parties involved in the hearing.
(2) The notice, whether published or mailed, shall include a statement of the time, place and nature of the proceeding; reference to the authority under which the proceeding will be held; a statement of the subject matter of the proceeding, the parties and issues involved; and a statement of the manner in which interested persons shall be afforded the opportunity to participate in the hearing.
(3) The notice shall designate the official who shall be the presiding officer for the proceedings and to whom all inquiries should be directed concerning such proceedings.
(4) The notice shall state whether the proceeding shall be held in accordance with the provisions of paragraph (f)--(Presentation of Views) or paragraph (g)--(Hearings) of this section, except that when the Secretary makes the determinations provided for in Sections 623(d) and 624(f) of the Act, the requirements of paragraph (g) of this section shall apply. In determining whether the requirements of paragraphs (f) or (g) of this section shall apply, the Secretary shall consider the following: (i) The necessity for expeditious action; (ii) the risk of injury to affected members of the public; (iii) the economic consequences of the decisions to be rendered; and (iv) such other factors as the Secretary deems appropriate.
(d) Department Representative. If the Department is to be represented by Counsel, such representation shall be by a Department hearing attorney designated by the General Counsel.
(e) Reporting and Transcription. Oral proceedings shall be stenographically or mechanically recorded and transcribed under the supervision of the presiding officer, unless the presiding officer and the parties otherwise agree, in which case a summary approved by the presiding officer shall be kept. The original transcript or summary shall be a part of the record and the sole official transcript, or summary. A copy of the transcript or summary shall be available to any person at a fee established by the Secretary, which fee the Secretary may waive in the public interest. Any information contained in the transcript or summary which would be exempt from required disclosure under 3282.54 of these regulations may be protected from disclosure if appropriate under that section upon a request for such protection under 3282.54(c).
(f) Presentation of Views.
(1) A Presentation of Views may be written or oral, and may include an opportunity for an oral presentation, whether requested or not, whenever the Secretary concludes that an oral presentation would be in the public interest, and so states in the notice. A presiding officer shall preside over all oral presentations held under this subsection. The purpose of such presentations shall be to gather information to allow fully informed decision making. Presentations of Views shall not be adversary proceedings. Oral presentations shall be conducted in an informal but orderly manner.
The presiding officer shall have the duty and authority to conduct a fair proceeding, to take all necessary action to avoid delay, and to maintain order. In the absence of extraordinary circumstances, the presiding officer at an oral Presentation of Views shall not require that testimony be given under oath or affirmation, and shall not permit either cross-examination of witnesses by other witnesses or their representatives, or the presentation of rebuttal testimony by persons who have already testified. The rules of evidence prevailing in courts of law or equity shall not control the conduct of oral presentation of views.
(2) Within 10 days after a Presentation of Views, the presiding officer shall refer to the Secretary all documentary evidence submitted, the transcript, if any, a summary of the issues involved and information presented in the Presentation of Views and the presiding official's recommendations with the rationale therefor. The presiding officer shall make any appropriate statements concerning the apparent veracity of witnesses or the validity of factual assertions which may be within the competence of the presiding officer. The Secretary shall issue a Final Determination concerning the matters at issue within 30 days of receipt of the presiding officer's summary. The Final Determination shall include: (i) a statement of findings, with specific references to principal supporting items of evidence in the record and conclusions, as well as the reasons or basis therefor, upon all of the material issued of fact, law, or discretion as presented on the record, and (ii) an appropriate order. Notice of Final Determination shall be given in writing and transmitted by certified mail, return receipt requested, to all participants in the presentation of views. The Final Determination shall be conclusive, with respect to persons whose interests were represented.
(g) Hearings.
(1) A Hearing is an adversary proceeding and includes an opportunity for the oral presentation of evidence. All witnesses shall testify under oath or affirmation which shall be administered by the presiding officer. Participants shall have the right to present such oral or documentary evidence and to conduct such cross-examination as the presiding officer determines is required for a full and true disclosure of the facts. The presiding officer shall receive relevant and material evidence, rule upon offers of proof and exclude all irrelevant, immaterial or unduly repetitious evidence. However, the technicalities of the rules of evidence prevailing in courts of law or equity shall not control the conduct of a hearing. The presiding officer shall take all necessary action to regulate the course of the Hearing to avoid delay and to maintain order. The presiding officer may exclude the attorney or witness from further participation in the particular Hearing and may render a decision adverse to the interests of the excluded party in his absence.
(2) Decision. The presiding officer shall make and file an initial written decision on the matter in question. The decision shall be filed within 10 days after completion of the hearing. The decision shall include: (i) a statement of findings of fact, with specific references to principal supporting items of evidence in the record and conclusions, as well as the reasons or basis therefor, upon all of the material issues of law or discretion presented on the record, and (ii) an appropriate order. The presiding officer's decision shall be final and shall constitute the Final Determination of the Secretary unless reversed or modified within 30 days by the Secretary. Notice of the Final Determination shall be given in writing, and transmitted by registered or certified mail, return receipt requested, to all participants in the proceeding. The Final Determination shall be conclusive with respect to persons whose interests were represented.
3282.153. Public Participation in Hearings or Presentation of Views.
(a) Any interested persons may participate in writing, in any Hearings or Presentation of Views held under the provisions of paragraphs (f) or (g) of 3282.152. The presiding officer shall consider to the extent practicable any such written materials.
(b) Any interested person may participate in the oral portion of any Hearing or Presentation of Views held under paragraphs (f) and (g) of 3282.152 unless the presiding officer determines that such participation should be limited or barred so as not to unduly prejudice the rights of the parties directly involved or unnecessarily delay the proceedings.
3282.154. Petitions for Hearings or Presentations of Views, and Requests for Extraordinary Interim Relief.
Any person entitled to a Hearing or Presentation of Views under subsection (f) or subsection (g) of 3282.152 to address issued as provided for in subsection (a) of 3282.151 may petition the Secretary to initiate such Hearing or Presentation of Views. The petition may be accompanied by a request that the Secretary provide such interim relief as may be appropriate pending the issuance of a Final Determination or Decision. No interim relief will be granted absent extraordinary cause shown. Upon receipt of a petition, the Secretary shall grant the petition and issue the notice provided for in paragraph (b) of 3282.152 for Hearing or Presentation of Views, and grant, deny or defer decision of any request for interim relief.
3282.155. Investigations.
(a) In connection with a formal investigation or inquiry involving an alleged or suspected violation or threatened violation of the Act or rules and regulations, the Secretary may permit any person to file with the Secretary a signed statement setting forth facts and circumstances known to such person and relevant to the investigation or inquiry.
(b) Subpoenas in investigations. The Secretary may issue subpoenas relating to any matter under investigation for any or all of the following reasons:
(1) Requiring testimony to be taken by interrogatories or depositions.
(2) Requiring the attendance and testimony of witnesses at a specific time and place.
(3) Requiring access to, examination of, and the right to copy documents, books, records, and papers.
(4) Requiring the production of documents, books, records, and papers at a specific time and place.
(c) Investigational hearings.For the purpose of taking the testimony of witnesses and receiving documents and other data relating to any subject under investigation, hearings may be conducted by the Secretary in the course of any investigation. These hearings will be stenographically or mechanically reported. Testimony of witnesses shall be under oath or affirmation. Unless the Secretary determines otherwise for good cause, these hearings shall be public.
(d) Rights of witnesses in investigations.
(1) Any person compelled to testify or to submit data in connection with any investigation shall be entitled, on payment of lawfully prescribed costs, to purchase a copy of any data submitted by him and of his own testimony as stenographically or mechanically reported, except that in a nonpublic proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony.
(2) Any witness summoned under Section 614(c)(1) of the Act shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
(3) Any witness compelled to appear in person in an investigative hearing may be accompanied, represented, and advised by counsel as follows:
(i) Counsel for a witness may advise his client, in confidence, and upon initiative of either himself or the witness, with respect to any question asked of his client; and, if the witness refuses to answer a question, the counsel may briefly state on the record if he has advised his client not to answer the question and the legal grounds for such refusal. (continued)