PART 1082—STATE OFFICIAL NOTIFICATION RULES Authority: 12 U.S.C. 5481 et seq. Source: 77 FR 39116, June 29, 2012, unless otherwise noted. § 1082.1 Procedures for notifying the Bureau of Consumer Financial Protection when a State Official takes an action to enforce title X of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010. (a) Notice requirement. et seq. (2) Notice shall be provided to the Enforcement Division and the Office of the Executive Secretary, or their successor offices, via electronic mail to [email protected] [email protected]. (3) On the same date that notice is provided to the Enforcement Division and the Office of the Executive Secretary pursuant to paragraph (a)(1) of this section, a copy of the notice shall be sent to the relevant prudential regulator, if any, or the designee thereof, by mail or electronic mail. (4) Notice shall be deemed to have been provided as of the date of transmitting or mailing the materials described in paragraph (c) of this section. (5) The Enforcement Division, or its successor entity, in consultation with a State Official, may provide, for good cause shown, an alternative deadline for the notice described in paragraph (a)(1) of this section. (b) Emergency actions. (2) Notice shall be provided in accordance with the procedures set forth in paragraphs (a)(2) through (4) of this section. (3) The Enforcement Division, or its successor entity, in consultation with a State Official, may provide, for good cause shown, an alternative deadline for the notice described in paragraph (b)(1) of this section. (c) Contents of notice. (i) The court or body in which the action is to be initiated; (ii) The identity of the parties to the action; (iii) The nature of the action to be initiated; (iv) The anticipated date of initiating the action; (v) The alleged facts underlying the action; (vi) A contact name, electronic mail address, and phone number of an individual involved with the matter in the office of the State Official with whom the Bureau may consult; (vii) A determination as to whether there may be a need to coordinate the prosecution of the action so as not to interfere with any action, including any rulemaking, undertaken by the Bureau, a prudential regulator, or another Federal agency; and (viii) A statement by the State Official setting forth any limitations on the disclosure of the substance or fact of the notice to any person or entity outside of the recipient agency. (2) The notice required under paragraphs (a) and (b) of this section shall further include a complete and unredacted copy of any complaint, motion for relief, or similar document that is the subject of the notice, in its form as of the date the notice is provided. To the extent the complaint, motion for relief, or similar document contains the information described in paragraph (c)(1) of this section, provision of the complaint, motion for relief, or similar document shall be deemed sufficient notice of that information. (3) In the event that notice is provided after the initiation of an action, the written description shall also include the following, in addition to the information described in paragraph (c)(1) of this section: (i) A brief description of any proceeding that occurred as a result of the initiation of the action, including any orders issued by a court or other body; (ii) Any case number, matter number, or designation assigned to the action; and (iii) Information on scheduled court or other administrative or regulatory proceedings. (4) In the event that notice is provided after the initiation of an action, in addition to the requirements set forth in paragraph (c)(3) of this section, the notice shall further include a complete, unredacted copy of any document filed by any party in relation to the action and any orders issued by the court or other body. (5) If the State Official, after providing the notice described in paragraphs (c)(1) and (c)(2) of this section, intends to file a complaint, motion for relief, or similar document that is materially different from the document included with the notice, the State Official shall provide a copy of that document prior to filing, in accordance with the method described in paragraph (a)(2) of this section. (d) Bureau response. (1) Intervene in the action as a party; (2) Upon intervening, (i) Remove the action to the appropriate United States district court, if the action was not originally brought there; and (ii) Be heard on all matters arising in the action; (3) Appeal any order or judgment, to the same extent as any other party in the proceeding may; and (4) Otherwise participate in the action as appropriate. (e) Confidentiality and privilege. (i) As required by law; (ii) When the information is or becomes publicly available; (iii) With the consent of the State Official; or (iv) To another State or Federal government entity when necessary to protect the public interest, after consultation with the State Official who provided the notice. (2) Provision of notice by a State Official and disclosure of information pursuant to paragraph (e)(1) of this section shall not be deemed a waiver of any applicable privilege. (f) No private right of action or defense. [77 FR 39116, June 29, 2012, as amended at 77 FR 39116, June 29, 2012]