Database Search Results
The statute provides broad rulemaking authority to the Secretary to make rules and regulations “as may be necessary to carry out the provisions of this subchapter.” It does not specify particular regulatory tasks or gaps that need to be addressed through rulemaking. Even though the language contains “necessary”, it doesn’t tie the rulemaking to a specific element or regulatory task.
The statute provides broad rulemaking authority to the Secretary (“make such rules and regulations as may be necessary to carry out the provisions of this subchapter”) without identifying specific regulatory tasks or gaps that need to be addressed. Therefore, it is considered a General Authority delegation.
The statute delegates authority to the Secretary to make rules and regulations “as may be necessary to carry out the provisions of this subchapter.” This is a broad delegation of rulemaking authority that doesn’t specify particular regulatory tasks, but rather gives the Secretary discretion to determine what regulations are needed to implement the entire subchapter.
The statute grants broad authority to the Secretary to issue rules and regulations “as may be necessary to carry out the provisions of this subchapter.” This lacks specific regulatory tasks and relies on the Secretary’s discretion to determine what is “necessary”. While the language “necessary” could be seen as a constraint, the scope is vast (the entire subchapter), qualifying it as a general delegation under Hickman’s framework.
The statute provides broad rulemaking authority to the Secretary to create rules “necessary to carry out the provisions of this subchapter.” It does not identify specific regulatory tasks or gaps that need to be addressed, making it a broad grant of authority.
The statute provides broad authority to the Secretary to make rules and regulations “as may be necessary to carry out the provisions of this subchapter.” It doesn’t specify the regulatory tasks but gives the Secretary discretion in determining what regulations are needed. While the statute does use “necessary” which could be viewed as qualifying language it is used in the context of an overarching directive without specifics.
The statute at hand, 12 U.S.C. § 1714, does not delegate any authority to any agency to make regulations. It limits authority by clarifying that certain property is not exempt from state and local taxes. However, 24 CFR Part 200 does cite 12 U.S.C. 1702-1715z-21 as one of its authorities. This is a general delegation, giving the agency (HUD) broad power to enact regulations regarding FHA programs.
While the statute instructs the Secretary to conduct surveys and studies, it does not provide specific regulatory tasks or instructions on how to translate the findings into regulations. The scope of “useful to guide the development of housing and the creation of a sound mortgage market” is broad and doesn’t delineate specific regulatory actions. Therefore, it is a general delegation of authority.
While the statute directs the Secretary to conduct surveys and studies, it does not specify how the Secretary must use this information to regulate multifamily housing mortgage insurance or other regulatory tasks. It provides a broad mandate to study and publish information, leaving the connection to specific regulatory actions open.
The statute provides broad rulemaking authority to the Secretary, directing them to make rules and regulations “as may be necessary to carry out the provisions of this subchapter.” While the statute does contain “necessary” it does not provide specific regulatory tasks or gaps to be addressed. Therefore, it is a general authority delegation.
The statute provides broad rulemaking authority to the Secretary to make rules and regulations “as may be necessary to carry out the provisions of this subchapter.” This is a broad delegation without specific regulatory tasks identified. The use of “necessary” doesn’t make it a specific authority delegation, because the statute doesn’t point to a gap or particular topic needing resolution.
The statute specifies a regulatory task: investment of funds. It dictates how the funds are to be invested (US bonds, etc.) and for what purpose (to support the residential mortgage market). While the Secretary has discretion in selecting specific investments, the statute provides considerable instruction on the overall investment strategy. The terms “maximum extent feasible” are open-ended, but still instruct the agency in performing a specific regulatory task.
The statute provides considerable detail regarding the types of mortgages the Secretary is authorized to insure, including specific requirements related to mortgagors (e.g., Federal or State instrumentalities, limited dividend corporations) and explicit limitations on the principal obligation amount based on the number of bedrooms and location (Alaska, Guam), and even construction type (elevator vs not). While discretion exists, the specifics provided push it into the specific authority category. The phrase “Secretary may, by regulation, increase any of the dollar amount limitations” implies that specifics are considered authority.
This statute provides very specific instructions to the Secretary regarding the terms, conditions, and limitations associated with insuring mortgages for rental housing. It specifies types of mortgagors, mortgage limits, eligible properties, premium charges, and procedures for handling defaults. While terms like “reasonable rentals” and “economically sound” offer some discretion, the statute clearly lays out the regulatory task with explicit guidance.
The statute directs the Secretary to insure mortgages and take actions, by regulation or otherwise, related to specific aspects of rental housing, including directing the benefits of mortgage insurance and regulating rents, charges, and capital structure. While broad, it focuses on a specific regulatory task: mortgage insurance for rental housing.
The statute explicitly instructs the Secretary to insure mortgages for rental housing and provides specific guidance such as setting mortgage limits, defining eligible properties, defining who the mortgagors may be and restricting the mortgagors in specific and discretionary ways to maintain reasonable rent and investment return, and setting premium charges and other processes related to mortgage insurance. While some discretion is given, the statute clearly delineates a specific regulatory task – insuring mortgages for rental housing – and sets detailed guidelines for how the Secretary should administer the program.
While the statute grants broad authority to the Secretary to insure mortgages and prescribe terms, many subsections identify specific regulatory tasks and gaps for the agency to fill. Examples include establishing premium charges, determining eligibility criteria, setting maturity lengths, and approving amortization provisions. While some phrases like “satisfactory to the Secretary” and “as the Secretary may in his discretion prescribe” seem open-ended, they are applied to specific aspects of mortgage insurance, fitting within Hickman’s Specific Authority Delegation category.
The statute gives the Secretary specific tasks, such as prescribing terms and conditions for insurance benefits and publishing guidelines for payment procedures, along with phrases such as “as the Secretary determines are appropriate”.
The statute provides specific instructions on how the agency should act to pay claims, including methods for payment, calculation of benefits, and handling property. While the Secretary has discretion in some areas, such as defining “imminent default,” the statute provides a framework and clear purpose for the regulations.
While § 1710 contains multiple grants of authority, its primary focus is on detailing specific regulatory tasks regarding the payment of insurance benefits. The statute lays out the procedures for claim payments, what costs may be included in debentures, and when the obligation to pay insurance premiums cease. The statute also details specific procedures related to loss mitigation, such as forbearances, recasting, and preforeclosure sales.. Though some open-ended terms such as “appropriate adjustments” or “reasonable compensation” exist, the statute clearly instructs the agency on what gaps to address.
The statute instructs the Secretary on specific regulatory tasks and duties related to managing the Mutual Mortgage Insurance Fund. While the Secretary is granted discretion using terms like “sound actuarial and accounting practice,” the statute clearly delineates areas where regulation is expected, such as distributing funds to terminating mortgagors under certain conditions and ensuring capital ratios. It’s not simply broad authority but authority tied to specific regulatory gap filling and tasks.
The statute clearly instructs the Secretary on the specific regulatory task of insuring mortgages and setting eligibility requirements. While there is broad authority to determine specific terms (e.g., “maturity satisfactory to the Secretary”, “complete amortization provisions satisfactory to the Secretary”), these tasks are clearly linked to the core function of mortgage insurance, directing the agency how to implement the program. The open-ended terms are used to implement and achieve the stated goals of the FHA insurance program.
This statute provides clear instructions to the Secretary regarding specific regulatory tasks. For instance, it outlines eligibility criteria for mortgages, defines mortgage limits, authorizes the fixing of premium charges, and addresses other matters related to mortgage insurance. While terms like “satisfactory to the Secretary” or “as the Secretary may prescribe” offer discretion, they operate within the framework of specific regulatory tasks and gaps identified by the statute.
The statute provides clear instructions to the Secretary regarding specific regulatory tasks. While the Secretary is given discretion in certain areas, the statute outlines specific eligibility criteria for mortgage insurance, premium charges, mortgage limits, and other terms. The statute also contains specific obligations such as annual reporting and actions to reduce losses. This level of specificity, even when using terms like “satisfactory to the Secretary”, constitutes a specific authority delegation as defined by Hickman.
The statute clearly instructs the Secretary regarding the specific regulatory task of setting terms for mortgage insurance eligibility and the process for insuring them. It details specific limitations and conditions for insurance. The use of terms like “satisfactory to the Secretary” and “as the Secretary may prescribe” are also indications of specific authority delegation allowing the Secretary to flesh out the regulatory landscape.