Sec. 05.12.01.22. Program Administration

A. Except for waivers under §D of this regulation, any action or decision required or permitted to be taken or made by the Department under these regulations may be taken or made by the Director or the Director's designee.

B. The Department may terminate an approval of funds or refuse to make additional disbursements under a loan agreement if the Department finds that the borrower is not complying with any of the requirements of the Program or the financing documents.

C. The Department may establish from time to time operational handbooks or manuals governing matters relating to the Program including descriptive statements of Program procedures which do not directly affect the rights of the public or the procedures available to the public.

D. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver or variance is not inconsistent with the provisions of 24 CFR Part 92 and the HOME Investments Partnerships Act, Title 11 of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. §12701 et seq., if:

(1) In the written determination of the Secretary, the application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Program or 24 CFR Part 92 or 42 U.S.C. §12701 et seq.; or

(2) Conformance with the requirements of any federal, State, or local programs in connection with the HOME Program necessitates waiver or variance of a regulation.

E. The Secretary may delegate to the Director or Deputy Director of the Division of Development Finance, any Program Director, or any other official or employee of the Department the authority to execute or approve any Program documents or loan documents, including loan commitments.