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Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3755
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the agency (the Secretary) on a specific regulatory task: how and when to foreclose on a mortgage. It lays out conditions and limitations.

Relationship: authorized but not mandated
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The statute explicitly authorizes the Secretary to foreclose on a mortgage under the specified chapter upon breach of a covenant or condition, but does not mandate that the Secretary do so. The regulation elaborates on the procedures for nonjudicial foreclosure, which is authorized by the statute.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 371d
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 371d explicitly outlines the conditions under which national and state member banks can invest in bank premises and related obligations, and instructs the Comptroller of the Currency and the Board to grant or deny prior approval based on those conditions. This is a specific regulatory task, making it a Specific Authority delegation.

Relationship: directly mandated
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The statute explicitly mandates that no national bank or state member bank shall invest in bank premises or related obligations without prior approval from the Comptroller of the Currency or the Board, respectively. This constitutes a direct mandate for agency action.

Regulation: 12 CFR Part 5
Authorizing Statute: 12 U.S. Code § 371d
Agency: Comptroller of the Currency
Restrictions: 936
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Comptroller of the Currency and the Board of Governors of the Federal Reserve System to approve investments in bank premises under certain conditions. While some discretion is involved in the approval process, the statute outlines precise criteria and conditions, pointing to a specific regulatory task.

Relationship: directly mandated
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12 U.S.C. § 371d is explicitly listed as an authority for 12 CFR Part 5, making the relationship directly mandated.

Regulation: 12 CFR Part 7
Authorizing Statute: 12 U.S. Code § 371d
Agency: Comptroller of the Currency
Restrictions: 175
Delegation Category: Specific Authority checkmark icon

The statute explicitly instructs the Comptroller of the Currency and the Board (of Governors of the Federal Reserve System) to grant prior approval for certain bank investments, set aggregate limits, and require notification under specific conditions (CAMEL rating, capitalization status). This fits the definition of Specific Authority Delegation because it identifies a specific regulatory task.

Relationship: directly mandated
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12 CFR Part 7 explicitly cites 12 U.S.C. § 371d as an authority for the regulations contained within. This indicates a directly mandated relationship, as the statute provides the legal basis for the agency’s rulemaking.

Regulation: 12 CFR Part 201
Authorizing Statute: 12 U.S. Code § 374
Agency: Federal Reserve System
Restrictions: 47
Delegation Category: Specific Authority checkmark icon

The statute explicitly identifies a specific regulatory task — granting permission for member banks to act as agents for nonmember banks in discount applications. The Board is given authority over a precise regulatory gap, which aligns with the specific authority delegation outlined by Hickman.

Relationship: authorized but not mandated
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The statute prohibits member banks from acting as agents for nonmember banks in receiving discounts from a Federal Reserve Bank except by permission of the Board of Governors of the Federal Reserve System. The statute authorizes the Board to create regulations by granting the Board discretion to grant permission, but it does not mandate that the Board create regulations.

Regulation: 12 CFR Part 201
Authorizing Statute: 12 U.S. Code § 374a
Agency: Federal Reserve System
Restrictions: 47
Delegation Category: Specific Authority checkmark icon

While the statute is prohibitory, it specifically defines what conduct is prohibited (member banks acting as agents in certain lending scenarios) and the penalty for violation. This establishes a relatively clear boundary for agency action, falling closer to specific authority even though the agency’s role is primarily enforcement.

Relationship: authorized but not mandated
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12 U.S.C. § 374a is listed under the authority section of 12 CFR Part 201, suggesting the regulation is authorized by the statute, but the statute itself doesn’t mandate any specific regulation be created.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3715
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 3715 directly instructs agencies on a specific task, which is how to calculate periods of time related to the chapter.

Relationship: authorized but not mandated
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12 U.S.C. § 3715 is explicitly listed as an authority for 24 CFR Part 27, which means that the regulation is authorized by the statute. The statute provides instruction on how to compute time, but it doesn’t explicitly mandate the regulation.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3716
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: General Authority sword icon

While 24 CFR Part 27 cites 12 U.S.C. § 3716, separability clauses do not typically delegate authority for rulemaking. Separability clauses are primarily addressed to the courts, and they serve as guidance in case of judicial invalidation of parts of statutes. This means that §3716, if it could be viewed as delegating authority at all, would be considered General Authority because it does not specifically instruct an agency on a regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute, 12 U.S.C. § 3716, is a separability clause. It states that if any part of the chapter is deemed invalid, the rest of the chapter remains in effect. While 24 CFR Part 27 cites 12 U.S.C. §§ 3701-3717 as authority, § 3716 does not directly mandate or explicitly authorize any specific regulation regarding nonjudicial foreclosure. It is related in that it pertains to the same title of the U.S. Code and could impact the validity of regulations promulgated under that title.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3717
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: General Authority sword icon

The statute uses broad language (“as may be necessary to carry out the provisions of this chapter”) without identifying specific regulatory tasks or gaps that need to be addressed. It provides the Secretary with broad rulemaking authority related to the entire chapter, rather than directing the agency to regulate particular issues.

Relationship: authorized but not mandated
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The statute explicitly authorizes the Secretary to issue regulations necessary to carry out the provisions of the chapter but does not mandate that regulations be issued.

Regulation: 12 CFR Part 223
Authorizing Statute: 12 U.S. Code § 371c
Agency: Federal Reserve System
Restrictions: 115
Delegation Category: Specific Authority checkmark icon

While the statute grants broad authority to regulate transactions with affiliates, many provisions within the statute instruct the agency on specific regulatory tasks. For instance, the Board is directed to issue regulations to address credit exposure arising out of derivative transactions and intraday extensions of credit. The statute also outlines specific factors and conditions that the Board must consider when issuing exemptions. These specific instructions indicate a Specific Authority Delegation.

Relationship: directly mandated
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The statute explicitly authorizes and directs the Board (Federal Reserve Board) to issue regulations defining “affiliate” and administering the section, thus the statute-regulation relationship is directly mandated. For example, 12 U.S.C. § 371c(f)(1) states: “The Board may issue such further regulations and orders, including definitions consistent with this section, as may be necessary to administer and carry out the purposes of this section and to prevent evasions thereof.” 12 U.S.C. § 371c(d)(2) states: “making deposits in an affiliated bank or affiliated foreign bank in the ordinary course of correspondent business, subject to any restrictions that the Board may prescribe by regulation or order”.

Regulation: 12 CFR Part 250
Authorizing Statute: 12 U.S. Code § 371c
Agency: Federal Reserve System
Restrictions: 74
Delegation Category: Specific Authority checkmark icon

While the statute grants the Board significant power, notably in subsection (f), it also provides specific instructions. For example, subsection (f)(3) requires the Board to adopt final rules concerning derivative transactions and intraday credit. This indicates a focus on specific regulatory gaps and instructs the agency on tasks to complete. The inclusion of open-ended terms like “necessary” or “appropriate” does not remove it from the “specific authority” category as that category includes explicit instructions, even those instructions are using open-ended terms.

Relationship: authorized but not mandated
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The statute authorizes the Board to issue regulations and orders, including definitions and exemptions, to administer and carry out the purposes of the section and to prevent evasions. This is explicitly authorized in subsection (f), but not directly mandated for all aspects. While some specific rulemaking is required (e.g., concerning derivative transactions), the overall regulatory authority is authorized but not mandated.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3710
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions for the conduct of foreclosure sales, including the time of sale, location, and procedures for bidding. The statute uses terms like “in accordance with regulations of the Secretary” which grants the agency authority to further define and implement these specific directives, but the initial regulatory tasks are identified.

Relationship: authorized but not mandated
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The regulation 24 CFR Part 27 explicitly cites 12 U.S.C. 3701-3717 in its authority section, and 12 U.S.C. 3710 falls within this range. This indicates that the statute authorizes the regulation, but does not directly mandate every single aspect covered within the regulation.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3711
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute identifies a specific regulatory task: determining the permissible commission for the foreclosure commissioner. This falls under the “Specific Authority” category because it clearly directs the agency to regulate a specific aspect of the foreclosure process.

Relationship: directly mandated
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12 U.S.C. § 3711(5) explicitly states that the foreclosure commissioner’s commission shall be “to the extent authorized by regulations issued by the Secretary.” This constitutes a direct mandate to issue regulations on that specific aspect of foreclosure costs.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3712
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

While the statute provides detailed instructions on the order of payment after a foreclosure sale, it also anticipates regulatory implementation, as it refers to the “foreclosure commissioner,” suggesting that an agency (likely HUD) would have some implementing role. The regulations in 24 CFR Part 27 likely help to fill the details on how the foreclosure process takes place to ensure that the sale proceeds follow the order required in 3712.

Relationship: authorized but not mandated
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12 U.S.C. § 3712 concerns the disposition of sale proceeds after a foreclosure. 24 CFR Part 27 governs nonjudicial foreclosure of multifamily and single family mortgages, and its authority section explicitly lists 12 U.S.C. 3701-3717. This means the regulation is authorized by the statute. However, the statute dictates the order of payment from foreclosure sales, but does not mandate HUD to issue regulations. HUD chose to create regulations about non-judicial foreclosure.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3713
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions regarding the transfer of title and possession following a foreclosure sale. The Secretary is specifically mentioned and the statute discusses procedures and limitations on rights. This statute gives specific authority on aspects related to non-judicial foreclosures which is then delegated to the agency to create regulations.

Relationship: authorized but not mandated
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24 CFR Part 27’s authority cites 12 U.S.C. 3701-3717, which includes the statute 12 U.S.C. 3713. This indicates that the regulation is authorized by the statute. The statute provides the framework for nonjudicial foreclosure and the regulation further specifies the procedures. However, the statute does not explicitly mandate the specific regulations outlined in 24 CFR Part 27, so the relationship is authorized but not mandated.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3714
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 3714 specifically dictates the requirements for the record of foreclosure, 12 USC 3701-3717 outlines more generally the responsibilities and procedures for non-judicial foreclosures involving the Secretary of Housing and Urban Development (HUD). This provides the agency with the authority to create regulation, such as 24 CFR Part 27, for non-judicial foreclosure on multifamily and single family homes.

Relationship: authorized but not mandated
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12 U.S.C. § 3714 falls within the range of 12 U.S.C. 3701-3717, which is cited as authority for 24 CFR Part 27. Therefore, the regulation is authorized by the statute. The statute specifies the information required for a sufficient record of foreclosure and sale, but it does not explicitly mandate the Secretary to issue regulations to implement it. The regulation provides detailed procedures for nonjudicial foreclosure, which builds upon the statutory framework but goes beyond the explicit requirements of 12 U.S.C. § 3714.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3708
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 3708 specifically instructs the foreclosure commissioner on how to serve the notice of default and foreclosure sale, detailing the persons to be served, the manner of service (mail, publication, posting), and timeframes. This level of detail aligns with a specific authority delegation, as the statute is providing a particular regulatory task.

Relationship: directly mandated
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The regulation 24 CFR Part 27 explicitly cites 12 U.S.C. 3701-3717 as its authority, and 12 U.S.C. 3708 falls within this range. This demonstrates a direct mandate as the statute (3708) is explicitly used to create regulations (24 CFR 27).

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3709
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions regarding the circumstances under which the Secretary can direct the foreclosure commissioner to withdraw a property from foreclosure, and the conditions under which the commissioner must withdraw the property. The statute specifically outlines the grounds for reinstatement, and that is a specific task. This falls under the “Specific Authority Delegations” described by Hickman, as it “Clearly instructs an agency on a specific regulatory task or gap”.

Relationship: authorized but not mandated
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The statute, 12 U.S.C. § 3709, outlines specific conditions under which a foreclosure commissioner shall withdraw a property from foreclosure and the Secretary may direct the commissioner to do so. 24 CFR Part 27 implements and elaborates on the nonjudicial foreclosure process, which is authorized by 12 U.S.C. 3701-3717, including 3709. The regulation does not merely relate to the statute; it provides the procedures for implementing it. However, the statute does not explicitly mandate that the Secretary issue regulations, but it is reasonable to assume that the Secretary would need to create regulation for it.

Regulation: 12 CFR Part 30
Authorizing Statute: 12 U.S. Code § 371
Agency: Comptroller of the Currency
Restrictions: 90
Delegation Category: General Authority sword icon

The statute provides broad rulemaking authority to the Comptroller of the Currency to prescribe “such restrictions and requirements” as they deem necessary. While related to real estate loans, it doesn’t delineate specific regulatory tasks, qualifying it as a general delegation of authority even with keywords like “restrictions and requirements.”

Relationship: directly mandated
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The statute (12 U.S.C. § 371) explicitly authorizes the Comptroller of the Currency to prescribe regulations and orders regarding real estate loans made by national banking associations. This directly mandates the relationship.

Regulation: 12 CFR Part 34
Authorizing Statute: 12 U.S. Code § 371
Agency: Comptroller of the Currency
Restrictions: 185
Delegation Category: Specific Authority checkmark icon

The statute instructs the Comptroller to set “restrictions and requirements” regarding real estate loans. This qualifies as “specific authority delegation,” as the statute tasks the agency with regulating a specific area (real estate lending) and uses terms that indicate the agency must set rules.

Relationship: directly mandated
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The statute explicitly authorizes the Comptroller of the Currency to prescribe regulations regarding real estate loans made by national banking associations. This falls under directly mandated.

Regulation: 12 CFR Part 7
Authorizing Statute: 12 U.S. Code § 371
Agency: Comptroller of the Currency
Restrictions: 175
Delegation Category: Specific Authority checkmark icon

The statute provides a clear instruction to the Comptroller of the Currency, directing them to set “restrictions and requirements” related to real estate lending practices. This goes beyond merely granting broad rulemaking authority and identifies a specific regulatory task.

Relationship: directly mandated
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12 U.S.C. § 371(a) explicitly authorizes the Comptroller of the Currency to prescribe restrictions and requirements for real estate loans made by national banking associations through regulation or order. This indicates a direct mandate.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3703
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: General Authority sword icon

The statute provides the Secretary with a choice of foreclosure procedures, including “other foreclosure procedures available.” This grants the Secretary broad discretion in determining the processes, which equates to General Authority. The phrase “at the option of the Secretary” further underscores the breadth of the delegated authority.

Relationship: authorized but not mandated
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The statute explicitly authorizes the Secretary to foreclose on multifamily mortgages. While it doesn’t mandate specific procedures beyond potentially applying section 3706(b), it allows foreclosure “in accordance with this chapter, or pursuant to other foreclosure procedures available, at the option of the Secretary.” This provides authority for the Secretary to establish foreclosure procedures through regulation, but does not mandate that they do so.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3704
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary regarding the designation, duties, and qualifications of foreclosure commissioners. It sets forth the parameters for who can be designated, the process for designation, and the responsibilities of the Secretary in relation to the commissioner. This level of detail points towards a Specific Authority delegation.

Relationship: directly mandated
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12 U.S.C. § 3704 directly mandates the Secretary to designate foreclosure commissioners under specific conditions related to multifamily mortgages held by the Secretary. The regulation at 24 CFR Part 27 implements the nonjudicial foreclosure process, which includes the designation and duties of these commissioners.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3705
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute explicitly details the conditions under which the Secretary can commence foreclosure proceedings (e.g., addressing prior pending proceedings). While the statute uses terms like “authorized,” the detailed framework provided makes this a specific delegation of authority to regulate foreclosure prerequisites.

Relationship: directly mandated
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12 U.S.C. § 3705 outlines prerequisites for foreclosure under the chapter. 24 CFR Part 27 implements nonjudicial foreclosure procedures as authorized by 12 U.S.C. §§ 3701-3717, directly related to the statute’s subject matter of foreclosure prerequisites, explicitly mandated by the language and purpose of the statutes governing multifamily mortgages and foreclosures.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3706
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

While the statute grants the Secretary some discretion, it specifically details what information must be included in the notice of default and foreclosure sale (subsection a). Subsection (b) provides discretion regarding terms of sale, but it is tethered to specific programs and agreements related to the property. The statute instructs the agency on a specific regulatory task, which makes this a specific authority delegation.

Relationship: directly mandated
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12 U.S.C. § 3706 directly mandates the content of the notice of default and foreclosure sale. The statute lists specific information that shall be included in the notice, indicating a direct mandate. Additionally, 24 CFR Part 27, which encompasses regulations for both multifamily and single-family mortgage foreclosures, cites 12 U.S.C. 3701-3717 as authority, which includes 3706. This shows the regulation is implementing the statute’s directive.

Found 56,371 results