15 U.S.C. § 1715 — Administration

Page 1679 TITLE 15—COMMERCE AND TRADE § 1716 which any individual is entitled under this section by reason of any testimony given before sixtieth day fol- lowing Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title. § 1715. Administration (a) Delegation of functions, duties, and powers; scope of delegations; appointment, etc., of delegates; right of appeal The authority and responsibility for admin- istering this chapter shall be in the Director of the Bureau of Consumer Financial Protection who may delegate any of his functions, duties, and powers to employees of the Bureau of Con- sumer Financial Protection or to boards of such employees, including functions, duties, and pow- ers with respect to investigating, hearing, deter- mining, ordering, or otherwise acting as to any work, business, or matter under this chapter. The persons to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Bureau in compliance with sections 3105, 3344, 5372, and 7521 of title 5. The Director shall by rule prescribe such rights of appeal from the de- cisions of his administrative law judges to other administrative law judges or to other officers in the Bureau, to boards of officers or to himself, as shall be appropriate and in accordance with law. (b) Hearings All hearings shall be public and appropriate records thereof shall be kept, and any order issued after such hearing shall be based on the record made in such hearing which shall be con- ducted in accordance with the provisions of sub- chapter II of chapter 5, and chapter 7, of title 5. (c) Procedures applicable The Director shall conduct all actions with re- spect to rulemaking or adjudication under this chapter in accordance with the provisions of chapter 5 of title 5. Notice shall be given of any adverse action or final disposition and such no- tice and the entry of any order shall be accom- panied by a written statement of supporting facts and legal authority. (Pub. L. 90–448, title XIV, § 1416, Aug. 1, 1968, 82 Stat. 597; Pub. L. 95–251, § 2(a)(5), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title VIII, § 801(a)(3)(J), Oct. 13, 1978, 92 Stat. 1222; Pub. L. 96–153, title IV, § 407, Dec. 21, 1979, 93 Stat. 1131; Pub. L. 98–479, title II, § 202(d), Oct. 17, 1984, 98 Stat. 2228; Pub. L. 111–203, title X, § 1098A(1)–(3), (5), July 21, 2010, 124 Stat. 2105.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–203, § 1098A(1), substituted ‘‘Direc- tor’’ for ‘‘Secretary’’ wherever appearing. Subsec. (a). Pub. L. 111–203, § 1098A(5), substituted ‘‘Director of the Bureau of Consumer Financial Protec- tion’’ for ‘‘Secretary of Housing and Urban Develop- ment’’. Pub. L. 111–203, § 1098A(3), substituted ‘‘in the Bu- reau’’ for ‘‘in the Department’’ in two places. Pub. L. 111–203, § 1098A(2), substituted ‘‘Bureau of Consumer Financial Protection or’’ for ‘‘Department of Housing and Urban Development or’’. 1984—Subsec. (b). Pub. L. 98–479 substituted ‘‘sub- chapter II of chapter 5, and chapter 7, of title 5’’ for ‘‘the Administrative Procedure Act’’. 1979—Subsec. (c). Pub. L. 96–153 added subsec. (c). 1978—Subsec. (a). Pub. L. 95–454 substituted ‘‘5372’’ for ‘‘5362’’. Pub. L. 95–251 substituted ‘‘administrative law judges’’ for ‘‘hearing examiners’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–153 effective on effective date of regulations implementing such amendment, but in no case later than six months following Dec. 21, 1979, see section 410 of Pub. L. 96–153, set out as a note under section 1701 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as a note under section 5361 of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title. § 1716. Unlawful representations The fact that a statement of record with re- spect to a subdivision has been filed or is in ef- fect shall not be deemed a finding by the Direc- tor that the statement of record is true and ac- curate on its face, or be held to mean the Direc- tor has in any way passed upon the merits of, or given approval to, such subdivision. It shall be unlawful to make, or cause to be made, to any prospective purchaser any representation con- trary to the foregoing. (Pub. L. 90–448, title XIV, § 1417, Aug. 1, 1968, 82 Stat. 598; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–203 substituted ‘‘Director’’ for ‘‘Sec- retary’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.