Federal Register - August 2, 1949
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Source: Federal Register
Tuesday, August 2,1949
Housing Expediter in matters of general applicability in defense-rental areas or portions thereof:
Sec.
840.201
Purpose of 840.201 to 840.252.
CREATION, ORGANIZATION, AND GENERAL OPERA
TION OF LOCAL ADVISORY BOARDS
840.202
840.203
840.204
840.205
840.206
840.207
840.208
840.209
840.210
840.211
840.212
840.213
840.214
840.215
840.216
840.217
Appointment of board members.
Eligibility.
Membership of boards.
Organization of boards.
Addresses of boards.
Secretaries of boards.
Space and working facilities.
Travel expenses.
Employment of attorneys.
Securing stenographic reporting and newspaper advertising serv ices.
Resignations and vacancies.
Voting.
Recommendations of boards.
Meetings.
Special meetings.
M inutes of m eetings to be kept.
HEARINGS BY LOCAL ADVISORY BOARD
840.218
Who may petition for a public hearing; action upon petition.
840.219 Time and place of filing petition to local advisory board.
840.220 Form and contents of petition. 840.221 Joint petitions; consolidations.
840.222 Submission of briefs.
840.223 Statem ents in opposition to peti tion.
840.224 Action by local advisory board.
840.225 Public hearings.
840.226 Conduct of public hearings.
840.227 Recommendations and certification of records.
840.228 Public hearings held on initiative of local advisory board and rec ommendations.
HEARINGS BY TH E HOUSING EXPEDITER
840.229
840.230
840.231
840.232
840.233
840.234
840.235
840.236
840.237
840.238
840.239
840.240
840.241
Right to give notice.
Subject of notice.
Time and place of filing.
Form and contents of notice.
Assignment of docket number.
Joint notices; consolidation.
Submission of briefs.
Statem ents in opposition to notice.
Action by th e Housing Expediter.
Public hearing.
Conduct of public hearings.
Certification of records.
Determinations by Housing Expe diter.
MISCELLANEOUS PROVISIONS AND DEFINITIONS
840.242 Interpretations.
840.243 Contemptuous conduct.
840.244 Continuance or adjournment.
840.245 Filing of petitions, affidavits, no tices, briefs, etc.
840.246 Service of papers.
840.247 Action by representatives.
840.248 National Board Coordinator; office hours.
840.249 Confidential infomation; inspec tion of docum ents filed w ith Na tional Board Coordinator.
840.250 Appearance of employees and for mer employees.
840.251 Definitions.
840.252 Amendment to 840.201 through 840.252.
Authority: 840.201 to 840.252 issued u n
der sec. 204 d , 61 Stat. 197, as amended by 62 Stat. 37; 94, Pub. Law 31, 81st Cong.; 50
U. S. C. App. 1894 d .
840.201 Purpose of 840.201 to 840.252. The purpose of 840.201 to 840.252 is to prescribe and explain proce dures before local advisory boards and No. 147------2
FEDERAL REGISTER
the Office of the Housing Expediter in connection with removal and establish ment of controls and general rent ad justments in accordance with section 204
of the Housing and Rent Act of 1947, as amended.
a Sections 840.202 to 840.217 deal with the creation, organization, and gen eral operation of local advisory boards and with their personnel.
b Sections 840.218 to 840.228 deal with petitions for public hearings by local advisory boards, the conduct of such hearings and recommendations by boards.
c Sections 840.229 to 840.241 are concerned with notices to the Housing Expediter of a local advisory boards re fusal or failure to hold a public hearing upon petition, the determination of such notices and conduct of public hearings granted by the Housing Expediter.
d Sections 840.242 to 840.252 contain definitions and miscellaneous provisions.
CREATION, ORGANIZATION AND GENERAL OPER
ATION OF LOCAL ADVISORY BOARDS
Introduction. The Housing and Rent Act of 1947, as amended, provides for the creation of local advisory boards in de fense-rental areas. Sections 840.202 to 840.217 are concerned with the appoint ment of such boards, their organization and general provisions relating to their operation and with their personnel.
840.202 Appointment of board mem bers. Members of local advisory boards are appointed by the Housing Expediter upon recommendation of the governors of the respective states, or upon his own initiative, in accordance with the provi sions of section 204 e 1 of the Hous ing and Rent Act of 1947, as amended.
840.203 Eligibility. Board members must be citizens of the area for which they are appointed, serve without com pensation, and take the oath of office.
840.204 Membership of boards.
Each local advisory board must consist of not less than five members who, insofar as practicable, as a group are representa tive of the affected interests in the area.
840.205 Organization of boards.
Each local advisory board shall elect a chairman and shall adopt such proce dures and rules, not inconsistent with the provisions of the act and 840.201
to 840.252, as it believes necessary and desirable, for holding and conducting meetings and hearings. The chairman shall be counted for the purposes of the quorum requirements and shall be eligi ble to vote on all issues.
840.206 Addresses of boards. All notices, reports, petitions and other docu ments directed to a board shall be ad dressed to the board or its Chairman at the address of the appropriate area rent office or branch office.
840.207 Secretaries of boards. Each board shall have a secretary who shall perform the usual duties pertaining to such office and who shall, subject to the direction of the Chairman, have custody of all records of the board. Upon re quest by the Chairman of the board, the Area Rent Director shall designate a member of his staff to act as secretary
4805
for the board. Additional clerical per sonnel shall be provided by the Area Rent Director as reasonably required, 840.208 Space and working facili ties. Insofar as practicable, space will be provided in the Area Rent Office or branch office for meetings or other board business.
840.209 Travel expenses. No official travel may be performed prior to the issuance of a formal travel authorization by the Regional Office of the Office of the Housing Expediter, except in a bona-fide emergency. Travel must be authorized in accordance with applicable Govern ment Travel Regulations.
840.210 Employment of attorneys.
a Attorneys shall be employed only in accordance with the provisions of sec tion 204 e 6 of the act.
b The Chairman of the board shall have prepared and shall sign Form HE302 for each proposed attorney-employee and shall forward such signed form to gether with the original of the boards resolution to the Regional Housing Ex pediter at least five days prior to the date on which it is proposed that the candidate shall enter upon duty.
c Employment of an attorney shall be requested only by resolution duly adopted by the board.
d Attorneys shall be paid an amount agreed upon between the board and the attorney but not to exceed $25 per day when actually employed and shall be allowed necessary traveling and subsis tence expenses in accordance with ap plicable Government Travel Regula tions.
e Form HE-400 shall be used to re port time worked by attorneys for, rent advisory boards. This form shall be pre pared by each such attorney biweekly and shall be signed by him and sub mitted to the Chairman of the board for certification. It shall then be promptly transmitted to the appropriate Regional Office for the attention of the Chief, Budget and Finance Section, for pay ment.
840.211 Securing stenographic re porting and newspaper advertising serv ices. In order that there may be com pliance with the various statutes and regulations concerning the acquisition of stenographic reporting and newspa per advertising services, requests for such services shall be made to the appropriate Regional Office.
840.212 Resignations and vacancies.
When any member of a board finds it necessary to resign for any reason, his resignation should be addressed to the Housing Expediter, Attention: National Board Coordinator, Office of the Hous ing Expediter, Washington 25, D. C. A
resignation shall become effective only upon acceptance thereof by the Housing Expediter and until such acceptance the resigning member shall, for all purposes, be considered to be a member of the board. Upon the occurrence of a va cancy by reason of death, removal from the area or otherwise, the Chairman of the board shall immediately advise the Housing Expediter of such vacancy. Un less the total membership of the board is reduced to less than three members,