PART 1102—APPRAISER REGULATION Authority: 12 U.S.C. 3348(a), 3332, 3335, 3338 (a)(4)(B), 3348(c), 5 U.S.C. 552a, 553(e); Executive Order 12600, 52 FR 23781 (3 CFR, 1987 Comp., p. 235). Editorial Note: Nomenclature changes to part appear at 83 FR 43739, Aug. 28, 2018. Subpart A—Temporary Waiver Requests Authority: 12 U.S.C. 3348(b). Source: 87 60875, Oct. 7, 2022, unless otherwise noted. § 1102.1 Authority, purpose, and scope. (a) Authority. (b) Purpose and scope. § 1102.2 Definitions. For purposes of this subpart: (a) Federally related transaction (FRT) (1) A Federal financial institutions regulatory agency engages in, contracts for, or regulates; and (2) Requires the services of an appraiser under the interagency appraisal rules. ((Title XI, section 1121(4), 12 U.S.C. 3350), implemented by the Office of the Comptroller of the Currency: 12 CFR 34.42(g) and 34.43(a); Federal Reserve Board: 12 CFR 225.62 and 225.63(a); Federal Deposit Insurance Corporation: 12 CFR 323.2(f) and 323.3(a); and National Credit Union Administration: 12 CFR 722.2(f) and 722.3(a).) (b) Performance of appraisals (c) Petition (d) Request for Temporary Waiver (e) Scarcity of certified or licensed appraisers (f) Significant delays in the performance of appraisals e.g., e.g., (g) State Appraisal Agency see also (h) Temporary waiver Uniform Standards of Professional Appraisal Practice § 1102.3 Request for Temporary Waiver. (a) Who can file a Request for Temporary Waiver. (b) Contents and receipt of a Request for Temporary Waiver. (1) A written determination by the State Appraisal Agency that there is a scarcity of certified or licensed appraisers leading to significant delays in the performance of appraisals for FRTs or a specified class of FRTs within either a portion of, or the entire State; (2) The requirement(s) of State law from which relief is being sought; (3) The nature of the scarcity of certified or licensed appraisers (including supporting documentation, statistical or otherwise verifiable); (4) The extent of the delays anticipated or experienced in the performance of appraisals by certified or licensed appraisers (including supporting documentation, statistical or otherwise verifiable); (5) How complaints concerning appraisals by persons who are not certified or licensed would be processed in the event a temporary waiver is granted; and (6) Meaningful suggestions and recommendations for remedying the situation. (c) Receipt of a Request for Temporary Waiver. Federal Register (d) Deny or refer back. § 1102.4 Petition requesting the ASC initiate a temporary waiver proceeding. (a) Who can file a Petition requesting the ASC initiate a temporary waiver proceeding. (b) Contents of a Petition. (i) Information (statistical or otherwise verifiable) to support the existence of a scarcity of certified or licensed appraisers leading to significant delays in the performance of appraisals for FRTs or a specified class of FRTs for either a portion of, or the entire State; and (ii) The extent of the delays anticipated or experienced in the performance of appraisals by certified or licensed appraisers (including supporting documentation, statistical or otherwise verifiable). (2) A Petition may also include meaningful suggestions and recommendations for remedying the situation. (c) Copy of Petition to State Appraisal Agency. (d) ASC review of a Petition. (e) Deny or refer back. (f) Further action on a Petition. (1) Refer a Petition to the State Appraisal Agency where temporary waiver relief is sought for further evaluation and study, to include items that would be addressed in a Request for Temporary Waiver ( see (2) Take further action without referring the Petition to the State Appraisal Agency. (g) State Appraisal Agency action. (i) Issue a written determination that there is a scarcity of certified or licensed appraisers leading to significant delays in the performance of appraisals for FRTs or a class of FRTs within either a portion of, or the entire State (or request that the ASC issue such a written determination), in which case, the procedures and requirements of §§ 1102.3 and 1102.6(a) shall apply; or (ii) Recommend that the ASC take no further action. (2) In the event the State Appraisal Agency either recommends no further action or declines to conduct further evaluation and study on a Petition, the ASC may exercise its discretion in determining whether to issue an Order initiating a temporary waiver proceeding in accordance with § 1102.5(a). § 1102.5 Order initiating a temporary waiver proceeding. The ASC may exercise discretion in determining whether to issue an Order initiating a temporary waiver proceeding in response to a Petition, or alternatively, the ASC may exercise discretion to initiate a temporary waiver proceeding on its own initiative without a Petition being submitted. In either event, such an Order would include consideration of certain items that would be addressed in a Request for Temporary Waiver. ( See, e.g., Federal Register § 1102.6 Notice and comment. (a) The ASC shall publish promptly in the Federal Register (1) A received Request for Temporary Waiver ( see (2) An ASC Order initiating a temporary waiver proceeding ( see (b) The notice of a received Request for Temporary Waiver or ASC Order initiating a temporary waiver proceeding shall contain a concise statement of the nature and basis for the action and shall give interested persons 30 calendar days from its publication in which to submit written data, views, and arguments. § 1102.7 ASC determination. (a) Order by the ASC. Federal Register, Federal Register, see (b) Approval by the FFIEC. § 1102.8 Waiver extension. The ASC may initiate an extension of temporary waiver relief and shall follow §§ 1102.6, 1102.7 and 1102.9. A State Appraisal Agency also may seek an extension of temporary waiver relief by forwarding an additional written Request for Temporary Waiver to the ASC. A request for an extension from a State Appraisal Agency shall be subject to all the requirements of this subpart. § 1102.9 Waiver termination. (a) Mandatory waiver termination. (b) Discretionary waiver termination. (c) Publication in the Federal Register. Federal Register, Subpart B—Rules of Practice for Proceedings Authority: 12 U.S.C. 3332, 3335, 3347, and 3348(c). Source: 57 FR 31650, July 17, 1992, unless otherwise noted. § 1102.20 Authority, purpose, and scope. (a) Authority. (b) Purpose and scope. [57 FR 31650, July 17, 1992, as amended at 57 FR 35004, Aug. 7, 1992] § 1102.21 Definitions. As used in this subpart: (a) Subcommittee ASC (b) Party (c) Respondent (d) Secretary § 1102.22 Appearance and practice before the Subcommittee. (a) By attorneys and notice of appearance. (b) By non-attorneys. (c) Conduct during proceedings. § 1102.23 Formal requirements as to papers filed. (a) Form. 1/2 (b) Caption. (c) Party names, signatures, certificates of service. (d) Copies. § 1102.24 Filing requirements. (a) Filing. (b) Manner of filing. (1) Personal service; (2) Delivering the papers to a reliable commercial courier service, overnight delivery service, or to the U.S. Post Office for Express Mail delivery; and (3) Mailing the papers by first class, registered, or certified mail. [57 FR 31650, July 17, 1992, as amended at 69 FR 2501, Jan. 16, 2004] § 1102.25 Service. (a) Methods; appearing party. (1) Personal service; (2) Delivering the papers to a reliable commercial courier service, overnight delivery service, or to the U.S. Post Office for Express Mail delivery; and (3) Mailing the papers by first class, registered, or certified mail. (b) Methods; non-appearing party. (1) By personal service; (2) By delivery to a person of suitable age and discretion at the party's last known address; (3) By registered or certified mail addressed to the party's last known address; or (4) By any other manner reasonably calculated to give actual notice. (c) By the Subcommittee. (d) By the respondent. § 1102.26 When papers are deemed filed or served. (a) Effectiveness. (1) For personal service or same-day commercial courier delivery, upon actual delivery; and (2) For overnight commercial delivery service, U.S. Express Mail delivery, or first class, registered, or certified mail, upon deposit in, or delivery to, an appropriate point of collection. (b) Modification. § 1102.27 Computing time. (a) General rule. (b) For service and filing responsive papers. (1) If service is made by first class, registered or certified mail, add three days to the prescribed period; and (2) If service is made by express mail or overnight delivery service, add one day to the prescribed period. § 1102.28 Documents and exhibits in proceedings public. Unless and until otherwise ordered by the ASC or unless otherwise provided by statute or by ASC regulation, all documents, papers and exhibits filed in connection with any proceeding, other than those that may be withheld from disclosure under applicable law, shall be placed by the Secretary in the proceeding's public file and will be available for public inspection and copying at the address set out in § 1102.24 of this subpart. § 1102.29 Conduct of proceedings. (a) In general. (b) Written submissions. (c) Disqualification. (d) User of ASC staff. (e) Authority of Subcommittee Chairperson. (f) Conferences. (i) Scheduling of matters, including a timetable for the information-gathering phase of the proceeding; (ii) Simplification and clarification of the issues; (iii) Stipulations and admissions of fact and of the content and authenticity of documents; (iv) Matters of which official notice will be taken; and (v) Such other matters as may aid in the orderly disposition of the proceeding, including disclosure of the names of persons submitting affidavits or other documents and exhibits which may be introduced into the public file of the proceeding. (2) Such conferences will not be recorded, but the Secretary shall place in the proceeding's public file a memorandum summarizing the results of the conference and shall provide a copy of the memorandum to each party. The memorandum shall control the subsequent course of the proceedings, unless the ASC for good cause shown by one or more parties to the conference, modifies those results and instructs the Secretary to place an amendatory memorandum to that effect in the public file. (g) Changes or extensions of time and changes of place of proceeding. Federal Register (h) Call for further briefs, memoranda, statements; reopening of matters. [57 FR 31650, July 17, 1992, as amended at 57 FR 35004, Aug. 7, 1992] § 1102.30 Rules of evidence. (a) In general. et seq. (2) Evidence that would be admissible under the Federal Rules of Evidence is admissible in a proceeding conducted under this subpart. (3) Evidence that would be inadmissible under the Federal Rules of Evidence may be deemed or ruled admissible in a proceeding conducted under this subpart if such evidence is relevant, material, reliable and not unduly repetitive. (b) Stipulations. (c) Official notice. § 1102.31 Burden of proof. The ultimate burden of proof shall be on the respondent. The burden of going forward with a prima facie § 1102.32 Notice of Intention to Commence a Proceeding. The ASC shall instruct the Secretary or other designated officer acting for the ASC to publish in the Federal Register § 1102.33 Rebuttal or Notice Not To Contest. (a) When required. (b) Requirements of Rebuttal; effect of failure to deny. (c) Notice Not To Contest. (d) Effect of failure to file Rebuttal or Notice Not To Contest. § 1102.34 Briefs, memoranda and statements. (a) By the parties. (b) By interested persons, in non-recognition proceedings. § 1102.35 Opportunity for informal settlement. Any party may at any time submit to the Secretary, for consideration by the Subcommittee, written offers or proposals for settlement of a proceeding, without prejudice to the rights of the parties. No offer or proposal shall be included in the proceeding's public file over the objection of any party to such proceeding. This paragraph shall not preclude settlement of any proceeding by the filing of a Notice Not To Contest as provided in § 1102.33(c) or by the submission of the case to the ASC on a stipulation of facts. § 1102.36 Oral presentations. (a) In general. (b) Method and time of request. (c) ASC processing. (d) Procedure on presentation day. § 1102.37 Decision of the Subcommittee and judicial review. At a reasonable time after the end of the information-gathering phase of the proceeding, but not exceeding 35 days, the ASC shall issue a final decision, containing specified terms and conditions as it deems appropriate, in the matter and shall cause the decision to be published promptly in the Federal Register. § 1102.38 Compliance activities. (a) Where, from complaints received from members of the public, communications from Federal or State agencies, examination of information by the ASC, or otherwise, it appears that a person has violated, is violating or is about to violate title XI of FIRREA or the rules or regulations thereunder, the ASC staff may commence an informal, preliminary inquiry into the matter. If, upon such inquiry, it appears that one or more allegations relate to possible violations of regulations administered by another agency or instrumentality of the Federal Government, then the matter shall be referred to that agency or instrumentality for appropriate action. The ASC, pursuant to its responsibilities under section 1103(a)(2) of title XI (12 U.S.C. 3332(a)(2)) and section 1119(c) of title XI (12 U.S.C. 3348)), shall monitor the matter. If, upon inquiry, it appears that one or more allegations are within the ASC's jurisdiction, then the ASC, in its discretion, may determine to commence a formal investigation respecting the matter and shall instruct the Secretary to create a public file for the formal investigation. The Secretary shall place in that file a memorandum naming the person or persons subject to the investigation and the statutory basis for the investigation. (b) Unless otherwise instructed by the ASC or required by law, the Secretary shall ensure that all other papers, documents and materials gathered or submitted in connection with the investigation are non-public and for ASC use only. (c) Persons who become involved in preliminary inquiries or formal investigations may, on their own initiative, submit a written statement to the Secretary setting forth their interests, positions or views regarding the subject matter of the investigation. Upon request, the staff, in its discretion, may advise such persons of the general nature of the investigation, including the indicated violations as they pertain to them and the amount of time that may be available for preparing and submitting such a statement prior to the presentation of a staff recommendation to the ASC. Upon the commencement of a formal investigation or a proceeding under this subpart, the Secretary shall place any such statement in the appropriate public file. (d) In instances where the staff has concluded its inquiry of a particular matter and has determined that it will not recommend the commencement of a formal investigation or a proceeding under this subpart against a person, the staff shall advise the person that its inquiry has been terminated. Such advice, if given, must in no way be construed as indicating that the person has been exonerated or that no action may ultimately result from the staff's inquiry into the particular matter. § 1102.39 Duty to cooperate. In the course of the investigations and proceedings, the ASC (and its staff, with appropriate authorization) must provide parties or persons ample opportunity to work out problems by consent, by settlement, or in some other manner. Subpart C—Rules Pertaining to the Privacy of Individuals and Systems of Records Maintained by the Appraisal Subcommittee Authority: Privacy Act of 1974, Pub. L. 93-579, 88 Stat. 1896; 12 U.S.C. 552a, as amended. Source: 57 FR 36357, Aug. 13, 1992, unless otherwise noted. § 1102.100 Authority, purpose and scope. (a) This subpart is issued under the Privacy Act of 1974, Public Law 93-579, 88 Stat. 1896; 12 U.S.C. 552a, as amended. (b) The Privacy Act of 1974 is based, in part, on the finding by Congress that “in order to protect the privacy of individuals identified in information systems maintained by Federal agencies, it is necessary and proper for the Congress to regulate the collection, maintenance, use, and dissemination of information by such agencies.” To achieve this objective, the Act generally provides that Federal agencies must advise an individual upon request whether records maintained by the agency in a system of records pertain to the individual and must grant the individual access to such records. The Act further provides that individuals may request amendments to records pertaining to them that are maintained by the agency, and that the agency shall either grant the requested amendments or set forth fully its reasons for refusing to do so. (c) The Appraisal Subcommittee of the Federal Financial Institutions Examination Council (ASC), pursuant to subsection (f) of the Privacy Act, adopts the following rules and procedures to implement the provisions of the Act summarized above and other provisions of the Act. These rules and procedures are applicable to all requests for information and access or amendment to records pertaining to an individual that are contained in any system of records that is maintained by the ASC. § 1102.101 Definitions. The following definitions shall apply for purposes of this subpart: (a) The terms individual, maintain, record, system of records, routine use (b) ASC Subcommittee (c) Privacy Act Officer § 1102.102 Times, places and requirements for requests pertaining to individual records in a record system and for the identification of individuals making requests for access to records pertaining to them. (a) Place to make request. (1) Information to be included in requests. Federal Register, (2) Verification of identity. (3) Methods for verifying identity—appearance in person. (4) Method for verifying identity—by mail. (5) Additional procedures for verifying identity. (b) Acknowledgement of requests for information pertaining to individual records in a record system or for access to individual records. [57 FR 36357, Aug. 13, 1992, as amended at 69 FR 2501, Jan. 16, 2004; 75 FR 36270, June 25, 2010] § 1102.103 Disclosure of requested records. (a) Initial review. (b) Grant of request for access. (2) In granting access to an individual to a record pertaining to him or her, the ASC staff shall take steps to prevent the unauthorized disclosure of information pertaining to other individuals. (c) Denial of request for access. (d) Time for acting on requests for access. (e) Authorization to allow designated person to review and discuss records pertaining to another individual. (f) Exclusion for certain records. § 1102.104 Special procedure: Medical records. (a) Statement of physician or mental health professional. (b) Designation of physician or mental health professional to receive records. § 1102.105 Requests for amendment of records. (a) Place to make requests. (1) Information to be included in requests. (2) Basis for amendment. (b) Acknowledgement of requests for amendment. [57 FR 36357, Aug. 13, 1992, as amended at 69 FR 2501, Jan. 16, 2004; 75 FR 36270, June 25, 2010] § 1102.106 Review of requests for amendment. (a) Initial review. (b) Standards to be applied in reviewing requests. i.e., (c) Time for acting on requests. (d) Grant of requests to amend records. (1) Advise the individual making the request in writing of the extent to which it has been granted; (2) Amend the record accordingly; and (3) Where an accounting of disclosures of the record has been kept pursuant to 5 U.S.C. 552a(c), advise all previous recipients of the record of the fact that the record has been amended and the substance of the amendment. (e) Denial of requests to amend records. (1) Promptly advise the individual making the request in writing of the extent to which the request has been denied; (2) State the reasons for the denial of the request; (3) Describe the procedures established by the ASC to obtain further review within the ASC of the request to amend, including the name and address of the person to whom the appeal is to be addressed; and (4) Inform the individual that the Privacy Act Officer will provide information and assistance to the individual in perfecting an appeal of the initial decision. § 1102.107 Appeal of initial adverse agency determination regarding access or amendment. (a) Administrative review. (1) The application shall be in writing and shall describe the record in issue and set forth the proposed amendment and the reasons therefor. (2) The application shall be delivered to the ASC, 1325 G Street NW, Suite 500, Washington, DC 20005, or by mail addressed to the Privacy Act Officer, ASC, 1325 G Street NW, Suite 500, Washington, DC 20005. (3) The applicant may state such facts and cite such legal or other authorities in support of the application. (4) The Executive Director will make a determination with respect to any appeal within 30 days after the receipt of such appeal (excluding Saturdays, Sundays, and Federal holidays), unless for good cause shown, the Executive Director shall extend that period. If such an extension is made, the individual who is appealing shall be advised in writing of the extension, the reasons therefor, and the anticipated date when the appeal will be decided. (5) In considering an appeal from a denial of a request to amend a record, the Executive Director shall apply the same standards as set forth in § 1102.106(b). (6) If the Executive Director concludes that access should be granted, the Executive Director shall issue an order granting access and instructing the Privacy Act Officer to comply with § 1102.103(b). (7) If the Executive Director concludes that the request to amend the record should be granted in whole or in part, the Executive Director shall issue an order granting the requested amendment in whole or in part and instructing the Privacy Act Officer to comply with the requirements of § 1102.106(d) of this subpart, to the extent applicable. (8) If the Executive Director affirms the initial decision denying access, the Executive Director shall issue an order denying access and advising the individual seeking access of: (i) The order; (ii) The reasons for denying access; and (iii) The individual's right to obtain judicial review of the decision pursuant to 5 U.S.C. 552a(g)(1)(B). (9) If the Executive Director determines that the decision of the Privacy Act Officer denying a request to amend a record should be upheld, the Executive Director shall issue an order denying the request and the individual shall be advised of: (i) The order refusing to amend the record and the reasons therefor; (ii) The individual's right to file a concise statement setting forth his or her disagreement with the Executive Director's decision not to amend the record; (iii) The procedures for filing such a statement of disagreement with the Executive Director; (iv) The fact that any such statement of disagreement will be made available to anyone to whom the record is disclosed, together with, if the Executive Director deems it appropriate, a brief statement setting forth the Executive Director's reasons for refusing to amend; (v) The fact that prior recipients of the record in issue will be provided with the statement of disagreement and the Executive Director's statement, if any, to the extent that an accounting of such disclosures has been maintained pursuant to 5 U.S.C. 552a(c); and (vi) The individual's right to seek judicial review of the Executive Director's refusal to amend, pursuant to 5 U.S.C. 552a(g)(1)(A). (b) Statement of disagreement. (1) Such statement of disagreement shall be delivered to the ASC, 1325 G Street NW, Suite 500, Washington, DC 20005, within 30 days after receipt by the individual of the Executive Director's order denying the amendment, excluding Saturdays, Sundays and Federal holidays. For good cause shown, this period can be extended for a reasonable time. (2) Such statement of disagreement shall concisely state the basis for the individual's disagreement. Unduly lengthy or irrelevant materials will be returned to the individual by the Executive Director for appropriate revisions before they become a permanent part of the individual's record. (3) The record about which a statement of disagreement has been filed will clearly note which part of the record is disputed and the Executive Director will provide copies of the statement of disagreement and, if the Executive Director deems it appropriate, provide a concise statement of his or her reasons for refusing to amend the record, to persons or other agencies to whom the record has been or will be disclosed. [57 FR 36357, Aug. 13, 1992, as amended at 69 FR 2501, Jan. 16, 2004; 75 FR 36270, June 25, 2010] § 1102.108 General provisions. (a) Extensions of time. good cause unusual circumstances (1) The need to search for and collect the requested records from establishments that are separate from the ASC. Some records of the ASC may be stored in Federal Records Centers in accordance with law—including many of the documents that have been on file with the ASC for more than 2 years—and cannot be made available promptly. Any person who has requested for personal examination a record stored at the Federal Records Center will be notified when the record will be made available. (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which may be demanded in a single request. While every reasonable effort will be made to comply fully with each request as promptly as possible on a first-come, first-served basis, work done to search for, collect and appropriately examine records in response to a request for a large number of records will be contingent upon the availability of processing personnel in accordance with an equitable allocation of time to all members of the public who have requested or wish to request records. (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request, or among two or more components within the ASC having substantial subject-matter interest herein. (b) Effective date of action. (c) Records in use by a member of the ASC or its staff. (d) Missing or lost records. (e) Oral requests; misdirected written requests Telephone and other oral requests. (2) Misdirected written requests. § 1102.109 Fees. (a) There will be no charge assessed to the individual for the ASC's expense involved in searching for or reviewing the record. Copies of the ASC's records will be provided by a commercial copier at rates established by a contract between the copier and the ASC or by the ASC at the rates in § 1101.4(b)(5)(ii) of 12 CFR part 1101. (b) Waiver or reduction of fees. § 1102.110 Penalties. Title 18 U.S.C. 1001 makes it a criminal offense, subject to a maximum fine of $10,000, or imprisonment for not more than 5 years or both, to knowingly and willingly make or cause to be made any false or fraudulent statements or representations in any matter within the jurisdiction of any agency of the United States. 5 U.S.C. 552a(i) makes it a misdemeanor punishable by a fine of not more than $5,000 for any person knowingly and willfully to request or obtain any record concerning an individual from the ASC under false pretenses. 5 U.S.C. 552a(i) (1) and (2) provide criminal penalties for certain violations of the Privacy Act by officers and employees of the ASC. Subpart D—Description of Office, Procedures, Public Information Authority: 5 U.S.C. 552, 553(e); and Executive Order 12600, 52 FR 23781 (3 CFR, 1987 Comp., p. 235). Source: 57 FR 60724, Dec. 22, 1992, unless otherwise noted. § 1102.300 Purpose and scope. This part sets forth the basic policies of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council (“ASC”) regarding information it maintains and the procedures for obtaining access to such information. This part does not apply to the Federal Financial Institutions Examination Council. Section 1102.301 sets forth definitions applicable to this part 1102, subpart D. Section 1102.302 describes the ASC's statutory authority and functions. Section 1102.303 describes the ASC's organization and methods of operation. Section 1102.304 describes the types of information and documents typically published in the Federal Register. [64 FR 72496, Dec. 28, 1999] § 1102.301 Definitions. For purposes of this subpart: (a) ASC (b) Commercial use request (c) Direct costs (d) Disclose or disclosure (e) Duplication e.g., (f) Educational institution (g) Field review (h) Non-commercial scientific institution (i) Record (j) Representative of the news media (k) Review e.g, (l) Search (m) State appraiser regulatory agency [64 FR 72496, Dec. 28, 1999] § 1102.302 ASC authority and functions. (a) Authority. (b) Functions. (1) Monitor the requirements established by the States for the certification and licensing of individuals who are qualified to perform appraisals in connection with federally related transactions, including a code of professional responsibility; (2) Monitor the requirements of the Federal financial institutions regulatory agency and Resolution Trust Corporation with respect to appraisal standards for federally related transactions and determinations as to which federally related transactions require the services of a State certified appraiser and which require the services of a State licensed appraiser; (3) Monitor and review the practices, procedures, activities and organizational structure of the Appraisal Foundation; and (4) Maintain a national registry of State certified and licensed appraisers eligible to perform appraisals in federally related transactions. § 1102.303 Organization and methods of operation. (a) Statutory and other guidelines. (b) ASC members and staff. (c) FFIEC. (d) ASD Address [57 FR 60724, Dec. 22, 1992, as amended at 64 FR 72497, Dec. 28, 1999] § 1102.304 Federal Register publication. The ASC publishes the following information in the Federal Register (a) Description of its organization and the established places at which, the officers from whom, and the methods whereby, the public may secure information, make submittals or re nests, or obtain decisions; (b) Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports or examinations; (d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the ASC; (e) Every amendment, revision or repeal of the foregoing; and (f) General notices of proposed rulemaking. [64 FR 72497, Dec. 28, 1999] § 1102.305 Publicly available records. (a) Records available on the ASCs World Wide Web site http://www.asc.gov. (2) Documents required to be made available via computer telecommunications. http://www.asc.gov: (A) Final opinions, including concurring and dissenting opinions, as well as final orders, made in the adjudication of cases; (B) Statements of policy and interpretations adopted by the ASC that are not published in the Federal Register (C) Administrative staff manuals and instructions to staff that affect a member of the public; (D) Copies of all records (regardless of form or format), such as correspondence relating to field reviews or other regulatory subjects, released to any person under § 1102.306 that, because of the nature of their subject matter, the ASC has determined are likely to be the subject of subsequent requests; (E) A general index of the records referred to in paragraph (a)(2)(i)(D) of this section. (ii) To the extent permitted by law, the ASC may delete identifying details when it makes available or publishes any records. If reduction is necessary, the ASC will, to the extent technically feasible, indicate the amount of material deleted at the place in the record where such deletion is made unless that indication in and of itself will jeopardize the purpose for the redaction. (b) Types of written communications. (1) The ASC's annual report to Congress; (2) All final opinions and orders made in the adjudication of cases; (3) All statements of general policy not published in the Federal Register. (4) Requests for the ASC or its staff to provide interpretive advice with respect to the meaning or application of any statute administered by the ASC or any rule or regulation adopted thereunder and any ASC responses thereto; (5) Requests for a statement that, on the basis of the facts presented in such a request, the ASC would not take any enforcement action pertaining to the facts as represented and any ASC responses thereto: and (6) Correspondence between the ASC and a State appraiser regulatory agency arising out of the ASC's field review of the State agency's appraiser regulatory program. (c) Applicable fees. (2) Information on the ASC's World Wide Web site is available to the public without charge. If, however, information available on the ASC's World Wide Web site is provided pursuant to a Freedom of Information Act request processed under g 1102.306 then fees apply and will be assessed pursuant to § 1102.306(e). [59 FR 1902, Jan. 13, 1994, as amended at 64 FR 72497, Dec. 28, 1999] § 1102.306 Procedures for requesting records. (a) Making a request for records. (i) By facsimile clearly marked “Freedom of Information Act Request” to (202) 293-6251; (ii) By letter to the Executive Director marked “Freedom of Information Act Request”; 1325 G Street NW, Suite 500, Washington, DC 20005; or (iii) By sending Internet e-mail to the Executive Director marked “Freedom of Information Act Request” at his or her e-mail address listed on the ASC's World Wide Web site. (2) The request shall contain the following information: (i) The name and address of the requester, an electronic mail address, if available, and the telephone number at which the requester may be reached during normal business hours; (ii) Whether the requester is an educational institution, non-commercial scientific institution, or news media representative; (iii) A statement agreeing to pay the applicable fees, or a statement identifying a maximum fee that is acceptable to the requester, or a request for a waiver or reduction of fees that satisfies paragraph (e)(1)(x) of this section; and (iv) The preferred form and format of any responsive information requested, if other than paper copies. (3) A request for identifiable records shall reasonably describe the records in a way that enables the ASC's staff to identify and produce the records with reasonable effort and without unduly burdening or significantly interfering with any ASC operations. (b) Defective requests. (c) Processing requests Receipt of requests. (2) Expedited processing. (A) The failure to obtain the records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (B) The requester can establish that it is primarily engaged in information dissemination as its main professional occupation or activity, and there is urgency to inform the public of the government activity involved in the re request; and (C) The requester's statement must be certified to be true and correct to the best of the person's knowledge and belief and explain in detail the basis for requesting expedited processing. (ii) The formality of the certification required to obtain expedited treatment may be waived by the Executive Director as a matter of administrative discretion. (3) A requester seeking expedited processing will be notified whether expedited processing has been granted within ten (10) working days of the receipt of the request. If the request for expedited processing is denied, the requester may file an appeal pursuant to the procedures set forth in paragraph (g) of this section, and the ASC shall respond to the appeal within ten (10) working days after receipt of the appeal. (4) Priority of responses. (5) Notification. (A) In the case of expedited treatment under paragraph (c)(2) of this section; (B) Where the running of such time is suspended for the calculation of a cost estimate for the requester if the ASC determines that the processing of the request may exceed the requester's maximum fee provision or if the charges are likely to exceed $250 as provided for in paragraph (e)(1)(iv) of this section; (C) Where the running of such time is suspended for the payment of fees pursuant to the paragraph (c)(5)(i)(B) and (e)(1) of this section; or (D) In unusual circumstances, as defined in 5 U.S.C. 552(a)(6)(B) and further described in paragraph (c)(5)(iii) of this section. (ii) In unusual circumstances as referred to in paragraph (c)(5)(i)(D) of this section, the time limit may be extended for a period of: (A) Ten (10) working days as provided by written notice to the requester, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched; or (B) Such alternative time period as agreed to by the requester or as reasonably determined by the ASC when the ASC notifies the requester that the request cannot be processed in the specified time limit. (iii) Unusual circumstances may arise when: (A) The records are in facilities that are not located at the ASC's Washington office; (B) The records requested are voluminous or are not in close proximity to one another; or (C) There is a need to consult with another agency or among two or more components of the ASC having a substantial interest in the determination. (6) Response to request. (i) The ASC's determination of the request; (ii) The reasons for the determination; (iii) If the response is a denial of an initial request or if any information is withheld, the ASC will advise the requester in writing: (A) If the denial is in part or in whole; (B) The name and title of each person responsible for the denial (when other than the person signing the notification); (C) The exemptions relied on for the denial; and (D) The right of the requester to appeal the denial to the Chairman of the ASC within 30 business days following receipt of the notification, as specified in paragraph (h) of this section. (d) Providing responsive records. (2) The ASC shall provide a copy of the record in any form or format requested if the record is readily reproducible by the ASC in that form or format, but the ASC need not provide more than one copy of any record to a requester. (3) By arrangement with the requester, the ASC may elect to send the responsive records electronically if a substantial portion of the request is in electronic format. If the information requested is made pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, it will not be sent by electronic means unless reasonable security measures can be provided. (e) Fees General rules. (ii) Requesters will be charged for search and review costs even if responsive records are not located or, if located, are determined to be exempt from disclosure. (iii) Multiple requests seeking similar or related records from the same requester or group of requesters will be aggregated for the purposes of this section. (iv) If the ASC determines that the estimated costs of search, duplication, or review of requested records will exceed the dollar amount specified in the request, or if no dollar amount is specified, the ASC will advise the requester of the estimated costs. The requester must agree in writing to pay the costs of search, duplication, and review prior to the ASC initiating any records search. (v) If the ASC estimates that its search, duplication, and review costs will exceed $250, the requester must pay an amount equal to 20 percent of the estimated costs prior to the ASC initiating any records search. (vi) The ASC ordinarily will collect all applicable fees under the final invoice before releasing copies of requested records to the requester. (vii) The ASC may require any requester who has previously failed to pay charges under this section within 30 calendar days of mailing of the invoice to pay in advance the total estimated costs of search, duplication, and review. The ASC also may require a requester who has any charges outstanding in excess of 30 calendar days following mailing of the invoice to pay the full amount due, or demonstrate that the fee has been paid in full, prior to the ASC initiating any additional records search. (viii) The ASC may begin assessing interest charges on unpaid bills on the 31st day following the day on which the invoice was sent. Interest will be at the rate prescribed in § 3717 of title 31 of the United States Code and will accrue from the date of the invoice. (ix) The time limit for the ASC to respond to a request will not begin to run until the ASC has received the requester's written agreement under paragraph (e)(1)(iv) of this section, and advance payment under paragraph (e)(1)(v) or (vii) of this section, or payment of outstanding charges under paragraph (e)(1)(vii) or (viii) of this section. (x) As part of the initial request, a requester may ask that the ASC waive or reduce fees if disclosure of the records is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. Determinations as to a waiver or reduction of fees will be made by the Executive Director (or designee), and the requester will be notified in writing of his or her determination. A determination not to grant a request for a waiver or reduction of fees under this paragraph may be appealed to the ASC's Chairman pursuant to the procedure set forth in paragraph (g) of this section. (2) Chargeable fees by category of requester. (ii) Educational institutions, noncommercial scientific institutions, and news media representatives shall be charged duplication costs, except for the first 100 pages. (iii) Requesters not described in paragraph (e)(2)(i) or (ii) of this section shall be charged the full reasonable direct cost of search and duplication, except for the first two hours of search time and first 100 pages of duplication. (3) Fee schedule. http://www.asc.gov (i) Manual searches for records. (ii) Computer searches for records. (iii) Duplication of records. (B) For other methods of reproduction or duplication, the ASC will charge the actual direct costs of reproducing or duplicating the documents, including each involved employee's basic rate of pay plus 16 percent to cover employee benefit costs. (iv) Review of records. (v) Other services. (4) Use of contractors. (f) Exempt information. 1 1 (1) Records that are specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order; (2) Records related solely to the internal personnel rules and practices of the ASC; (3) Records specifically exempted from disclosure by statute, provided that such statute: (i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; (4) Trade secrets and commercial or financial information obtained from a person that is privileged or confidential; (5) Interagency or intra-agency memoranda or letters that would not be available by law to a private party in litigation with the ASC; (6) Personnel, medical, and similar files (including financial files) the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (7) Records compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records: (i) Could reasonably be expected to interfere with enforcement proceedings; (ii) Would deprive a person of a right to a fair trail or an impartial adjudication; (ii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; (iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished records on a confidential basis; (v) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or (vi) Could reasonably be expected to endanger the life or physical safety of any individual; (8) Records that are contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of the ASC or any agency responsible for the regulation or supervision of financial institutions; or (9) Geological and geophysical information and data, including maps, concerning wells. (g) Appeals. (2) A person whose initial request for records under this section, or whose request for a waiver of fees under paragraph (e)(1)(x) of this section, has been denied, either in part or in whole, has the right to appeal the denial to the ASC's Chairman (or designee) within 30 business days after receipt of notification of the denial. Appeals of denials of initial requests or for a waiver of fees must be in writing and include any additional information relevant to consideration of the appeal. (3) Except in the case of an appeal for expedited treatment under paragraph (c)(3) of this section, the ASC will notify the appellant in writing within 20 business days after receipt of the appeal and will state: (i) Whether it is granted or denied in whole or in part; (ii) The name and title of each person responsible for the denial (if other than the person signing the notification); (iii) The exemptions relied upon for the denial in the case of initial requests for records; and (iv) The right to judicial review of the denial under the FOIA. (4) If a requester is appealing for denial of expedited treatment, the ASC will notify the appellant within ten business days after receipt of the appeal of the ASC's disposition. (5) Complete payment of any outstanding fee invoice will be required before an appeal is processed. (h) Records of another agency. [64 FR 72497, Dec. 28, 1999; 65 FR 31960, May 19, 2000, as amended at 69 FR 2501, Jan. 16, 2004] § 1102.307 Disclosure of exempt records. (a) Disclosure prohibited. (b) Disclosure authorized. (1) Disclosure by Executive Director. (ii) The Executive Director, or designee, may in his or her discretion and for good cause, disclose or authorize disclosure of any exempt record or testimony by a current or former member, officer, employee, agent of the ASC, or third party, sought in connection with any civil or criminal hearing, proceeding or investigation without the service of a judicial subpoena, or other legal process requiring such disclosure or testimony. If he or she determines that the records or testimony are relevant to the hearing, proceeding or investigation and that disclosure is in the best interests of justice and not otherwise prohibited by Federal statute. Where the Executive Director or designee authorizes a current or former member, officer, director, empl9oyee or agent of the ASC to testify or disclose exempt records pursuant to this paragraph (b)(1), he or she may, in his or her discretion, limit the authorization to so much of the record or testimony as is relevant to the issues at such hearing, proceeding or investigation, and he or she shall give authorization only upon fulfillment of such conditions as he or she deems necessary and practicable to protect the confidential nature of such records or testimony. (2) Authorization for disclosure by the Chairman of the ASC. (3) Limitations on disclosure. [64 FR 72500, Dec. 28, 1999] § 1102.308 Right to petition for issuance, amendment and repeal of rules of general application. Any person desiring the issuance, amendment or repeal of a rule of general application may file a petition for those purposes with the Executive Director of the ASC. The petition shall include a statement setting forth the text or substance of any proposed rule or amendment desired or shall specify the rule for which repeal is desired. The petitioner also shall state the nature of his or her interest and the reasons for seeking ASC action. The Executive Director shall acknowledge receipt of the petition within ten business days of receipt. As soon as reasonably practicable, the ASC shall consider the petition and related staff recommendations and shall take such action as it deems appropriate. The Executive Director shall notify the petitioner in writing of the ASC action within ten business days of the action. [59 FR 1902, Jan. 13, 1994. Redesignated at 64 FR 72497, Dec. 28, 1999] § 1102.309 Confidential treatment procedures. (a) In general. i.e., (b) Form of request. (c) Designation and separation of confidential material. (d) ASC action on request. (e) Notice of lawsuit. [59 FR 1902, Jan. 13, 1994. Redesignated at 64 FR 72497, Dec. 28, 1999] § 1102.310 Service of process. (a) Service. (b) Notification by person served. (c) Appearance by person served. [64 FR 72501, Dec. 28, 1999] Subpart E—Collection and Transmission of Appraisal Management Company (AMC) Registry Fees Source: 82 FR 44501, Sept. 25, 2017, unless otherwise noted. § 1102.400 Authority, purpose, and scope. (a) Authority. (b) Purpose. (c) Scope. § 1102.401 Definitions. For purposes of this subpart: (a) AMC Registry (b) AMC Rule (c) ASC et seq. (d) Performed an appraisal (e) State (f) Other terms. Appraisal management company (AMC); appraisal management services; appraisal panel; consumer credit; covered transaction; dwelling; Federally regulated AMC § 1102.402 Establishing the annual AMC registry fee. The annual AMC registry fee to be applied by States that elect to register and supervise AMCs is established as follows: (a) In the case of an AMC that has been in existence for more than a year, $25 multiplied by the number of appraisers who have performed an appraisal for the AMC in connection with a covered transaction in such State during the previous year; and (b) In the case of an AMC that has not been in existence for more than a year, $25 multiplied by the number of appraisers who have performed an appraisal for the AMC in connection with a covered transaction in such State since the AMC commenced doing business. § 1102.403 Collection and transmission of annual AMC registry fees. (a) Collection of annual AMC registry fees. (b) Transmission of annual AMC registry fee.