1、180 24 CFR Subtitle A (4111 Edition) 14.330 14.330 Decision. The adjudicative officer shall issue an initial decision on the application within 30 days after completion of pro-ceedings on the application. The deci-sion shall include written findings and conclusions on such of the following as are re
2、levant to the decision: (a) The applicants status as a pre-vailing party; (b) The applicants qualification as a party under 5 U.S.C. 504(b)(1)(B); (c) Whether the agencys position was substantially justified; (d) Whether special circumstances make an award unjust; (e) Whether the applicant during th
3、e course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy; and (f) The amounts, if any, awarded for fees and other expenses, with reasons for any difference between the amount requested and the amount awarded. If the appl
4、icant has sought an award against more than one agency, the de-cision shall allocate responsibility for payment of any award made among the agencies, and shall explain the reasons for the allocation made. 14.335 Departmental review. (a) Either the applicant or agency counsel may seek review of the i
5、nitial decision on the fee application, or the Secretary (or his or her delegate, if any) may decide to review the decision on his or her own initiative, in accord-ance with the Departments review or appeals procedures applicable to the underlying proceeding. If neither the applicant nor agency coun
6、sel seeks re-view and the Secretary (or his or her delegate, if any) does not take review on his or her own initiative, the initial decision on the application shall be-come a final decision of the Depart-ment in the same manner as a decision in the underlying proceeding becomes final. Whether to re
7、view a decision is a matter within the discretion of the Secretary (or his or her delegate, if any). If review is taken, the Depart-ment will issue a final decision on the application or remand the application to the adjudicative officer for further proceedings. (b) Either party may seek reconsider-
8、ation of the decision on the fee applica-tion in accordance with Rule 29, 24 CFR 20.10. 14.340 Judicial review. Judicial review of final departmental decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). 14.345 Payment of award. An applicant seeking payment of an award shall submit a
9、copy of the final decision granting the award to: Direc-tor, Office of Finance and Accounting, Room 2202, Department of Housing and Urban Development, Washington, DC 20410, with a copy to: Associate General Counsel for Equal Opportunity and Ad-ministrative Law, Room 10244, Depart-ment of Housing and
10、 Urban Develop-ment, Washington, DC 20410. A state-ment that review of the underlying de-cision is not being sought in the United States courts, or that the process for seeking review of the award, if initi-ated, has been completed, must also be included. The agency will pay the amount awarded to th
11、e applicant with-in 60 days, unless judicial review of the award or of the underlying decision of the adversary adjudication has been sought by the applicant or any other party to the proceeding. PART 15PUBLIC ACCESS TO HUD RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND TES-TIMONY AND PRODUCTION O
12、F INFORMATION BY HUD EMPLOY-EES Subpart APurpose and Policy Sec. 15.1 What is the purpose of this part? 15.2 What definitions apply to this part? 15.3 What exemptions are authorized by 5 U.S.C. 552? Subpart BFOIA Disclosure of Information 15.101 What is HUDs overall policy con-cerning disclosing ide
13、ntifiable records? 15.102 Where and when may I inspect and copy records that FOIA requires HUD to make regularly available to the public? 15.103 How can I get other records from HUD? 15.104 What are the time periods for HUD to respond to my request for records? VerDate Mar2010 08:31 Apr 29, 2011 Jkt
14、 223077 PO 00000 Frm 00190 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-181 Office of the Secretary, HUD 15.2 15.105 How will HUD process my request? 15.106 How will HUD r
15、espond to my request? 15.107 How does HUD handle requests that involve classified records? 15.108 What are HUDs policies concerning designating confidential commercial or financial information under Exemption 4 of the FOIA and responding to requests for business information? 15.109 How will HUD resp
16、ond to a request for information from Form HUD92410 (Statement of Profit and Loss)? 15.110 What fees will HUD charge? 15.111 How do I appeal a denial of my re-quest for records or a fee determination? 15.112 How will HUD respond to my appeal? Subpart CProduction of Material or Provi-sion of Testimon
17、y in Response to De-mands in Legal Proceedings Among Private Litigants 15.201 Purpose and scope. 15.202 Production of material or provision of testimony prohibited unless approved. 15.203 Making a demand for production of material or provision of testimony. 15.204 Consideration of demands for produc
18、-tion of material or provision of testi-mony. 15.205 Method of production of material or provision of testimony. 15.206 Procedure in the event of an adverse ruling regarding production of material or provision of testimony. Subpart DProduction of Material or Provi-sion of Testimony in Response to De
19、-mands in Legal Proceedings in Which the United States Is a Party 15.301 Purpose and scope. 15.302 Production of material or provision of testimony prohibited unless approved. 15.303 Procedure for review of demands for production of material or provision of testimony in any legal proceeding in which
20、 the United States is a party. 15.304 Consideration of demands for produc-tion of material or provision of testi-mony. 15.305 Method of production of material or provision of testimony. APPENDIX A TO PART 15LOCATION INFORMA-TION FOR HUD FOIA READING ROOMS AND CONTACT INFORMATION FOR REGIONAL COUNSEL
21、 AUTHORITY: 42 U.S.C. 3535(d). Subpart A also issued under 5 U.S.C. 552. Section 15.107 also issued under E.O. 12958, 60 FR 19825, 3 CFR Comp., p. 333. Subparts C and D also issued under 5 U.S.C. 301. Subpart APurpose and Policy SOURCE: 66 FR 6967, Jan. 22, 2001, unless otherwise noted. 15.1 What is
22、 the purpose of this part? (a) Subpart B of this part. Subpart B of this part describes the procedures by which HUD makes documents available under the Freedom of Information Act (FOIA) (5 U.S.C. 552). Subpart A of this part applies to all HUD organizational units; however, applicability of subpart
23、A to the Office of the Inspector General is subject to parts 2002 and 2004 of the title. (b) Subpart C of this part. Subpart C of this part describes the procedures to be followed and standards to be applied in processing demands for the production of material or provision of testimony in legal proc
24、eedings among private liti-gants. (c) Subpart D of this part. Subpart D of this part describes the procedures to be followed and standards to be applied in processing demands for the produc-tion of material or provision of testi-mony in legal proceedings in which the United States is a party. (d) In
25、applicability of subparts B and C to Office of Inspector General. Subparts B and C of this part do not apply to employees in the Office of the Inspec-tor General. The procedures that apply to employees in the Office of the In-spector General are described in part 2004 of this title. 66 FR 6967, Jan.
26、 22, 2001, as amended at 72 FR 8581, Feb. 26, 2007 15.2 What definitions apply to this part? The following definitions apply to this part. (a) Terms defined in part 5 of this title. The terms HUD, Secretary, and Organi-zational unit are defined in part 5 of this title. (b) Other terms used in this p
27、art. As used in this part: Appropriate Associate General Counsel means the Associate General Counsel for Litigation or the Associate General Counsel for HUD Headquarters employ-ees in those programs for which the As-sociate provides legal advice. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 0000
28、0 Frm 00191 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-182 24 CFR Subtitle A (4111 Edition) 15.2 Appropriate Regional Counsel means the Regional Counsel for the Regional
29、 Office having delegated authority over the project or activity with respect to which the information is sought. For assistance in identifying the Appro-priate Regional Counsel, see appendix A to this part. Authorized Approving Official means the Secretary, General Counsel, Appro-priate Associate Ge
30、neral Counsel, or Appropriate Regional Counsel. Business information means commer-cial or financial information provided to HUD by a submitter that arguably is protected from disclosure under Ex-emption 4 (42 U.S.C. 552(b)(4) of FOIA. Demand means a subpoena, order, or other demand of a court or oth
31、er au-thority that is issued in a legal pro-ceeding and any accompanying submis-sions. Duplication means the process of making a copy of a document nec-essary to respond to a FOIA request. Such copies can take the form of paper copy, microfilm, audio-visual mate-rials, or machine readable documenta-
32、tion (e.g., magnetic tape or disk), among others. Educational institution means: (1) A preschool; (2) A public or private elementary or secondary school; (3) An institution of graduate higher education; (4) An institution of undergraduate higher education; (5) An institution of professional edu-cati
33、on; or (6) An institution of vocational edu-cation, that primarily (or solely) oper-ates a program or programs of schol-arly research. Employee of the Department means a current or former officer or employee of the United States appointed by or subject to the supervision of the Sec-retary, but does
34、not include an officer or employee covered by part 2004 of this title. FOIA means the Freedom of Informa-tion Act (5 U.S.C. 552). Good cause means necessary to pre-vent a miscarriage of justice or to pro-mote a significant interest of the De-partment. Legal proceeding includes any pro-ceeding before
35、 a court of law or other authority, i.e., administrative board or commission, hearing officer, arbitrator or other body conducting a quasi-judi-cial or legislative proceeding. Legal proceeding among private liti-gants means any legal proceeding in which the United States is not a party. Legal procee
36、ding in which the United States is a party means any legal pro-ceeding including as a named party the United States, the Department of Housing and Urban Development, or any other Federal executive or admin-istrative agency or department, or any official thereof in his official capacity. Material mea
37、ns either documents or information contained in, or relating to contents of, the files of the Depart-ment or documents or information ac-quired by any person while such person was an employee of the Department as a part of the performance of his or her official duties or because of his or her offici
38、al status. News means information that is about current events or that would be of current interest to the public. Person means person as defined in 5 U.S.C. 551(2). It includes corporations and organizations as well as individ-uals. Production refers to the provision of material by any means other
39、than through the provision of oral testi-mony. Review means the process of exam-ining a document located in response to a request to determine whether any portion of it may be withheld, excising portions to be withheld, and otherwise preparing the document for release. Re-view time includes time HUD
40、 spends considering any formal objection to disclosure made by a submitter under 15.108. Review does not include time spent resolving general legal or policy issues regarding the application of ex-emptions. Search includes all time spent look-ing manually or by automated means for material that is r
41、esponsive to a re-quest, including page-by-page or line- by-line identification of material with-in documents. Submitter means any person or entity who provides business information, di-rectly or indirectly, to HUD. The term VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00192 Fmt 8010 S
42、fmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-183 Office of the Secretary, HUD 15.101 includes, but is not limited to, corpora-tions, State governments, and foreign governments. Test
43、imony refers to any oral or writ-ten statements made in litigation under oath or penalty of perjury. United States refers to the Federal Government of the United States (in-cluding the Department), the Sec-retary, and any employees of the De-partment in their official capacities. 66 FR 6967, Jan. 22
44、, 2001, as amended at 72 FR 8581, Feb. 26, 2007; 73 FR 72205, Nov. 26, 2008 15.3 What exemptions are authorized by 5 U.S.C. 552? (a) The classes of records authorized to be exempted from disclosure by 5 U.S.C. 552 are those which concern matters that are: (1) Specifically authorized under cri-teria
45、established by an Executive order to be kept secret in the interest of na-tional defense or foreign policy and are in fact properly classified pursuant to such Executive order; (2) Related solely to the internal per-sonnel rules and practices of the De-partment; (3) Specifically exempted from disclo
46、-sure by statute; (4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) Interagency or intra-agency mem-orandums or letters which would not be available by law to a party other than an agency in litigation with the Department; (6) Person
47、nel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or infor-mation: (i) Could
48、 reasonably be expected to interfere with enforcement pro-ceedings; (ii) Would deprive a person of a right to a fair trial or an impartial adjudica-tion; (iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; (iv) Could reasonably be expected to disclose the id
49、entity of a confidential source, including a state, local or for-eign agency or authority or any pri-vate institution which furnished infor-mation on a confidential basis, and, in the case of a record or information compiled by a criminal law enforce-ment authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source; (v) Would disclose tech
