PART 15—PUBLIC ACCESS TO HUD RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES Authority: 42 U.S.C. 3535(d), 5 U.S.C. 552. Subpart A—General Provisions Source: 80 FR 49144, Aug. 17, 2015, unless otherwise noted. § 15.1 General provisions. (a) Scope. (b) Subpart B. (c) Subpart C. (d) Subpart D. (e) Inspector General. § 15.2 Definitions. (a) The following definitions apply to this part. Agency record Business information FOIA HUD Review Search Secretary Submitter (b) The following definitions apply to subparts C and D of this part. Appropriate Associate General Counsel Appropriate Regional Counsel Authorized Approving Official Demand Employee of the Department Good cause Legal proceeding e.g., Legal proceeding among private litigants Legal proceeding in which the United States is a party Material Production Testimony United States Subpart B—Procedures for Disclosure of Records Under the FOIA Source: 80 FR 49145, Aug. 17, 2015, unless otherwise noted. § 15.101 Proactive disclosures of department records. (a) In General. http://www.hud.gov/FOIA. http://www.hud.gov/FOIA. (b) Electronic FOIA reading room. http://www.hud.gov/FOIA. (1) Final opinions and orders. (2) Public access to high-value, machine readable datasets via http://www.data.gov. (3) Statements of policy and interpretation, including: (i) HUD's Client and Information Policy Systems (HUDCLIPS); (ii) Housing policy; (iii) Public and Indian Housing policy and regulations; (iv) Public and Indian Housing policy and guidance (PHA Plans); and (v) Community Planning and Development policy and guidance. (4) Administrative staff manuals. (5) HUD's online library. (6) Fair housing information. (7) Copies of all records, regardless of form or format that have been released to any person under § 15.105; and (i) Because of the nature of their subject matter, the agency determines that the records have become or are likely to become the subject of subsequent requests for substantially the same records; or (ii) Have been requested three or more times. (8) Report for the preceding fiscal year submitted to the U.S. Attorney General and the Director of the Office of Government Information Services (OGIS) as required by 5 U.S.C. 552(e) and the raw statistical data used in each report. This report will be made available: (i) Without charge, license, or registration requirement; (ii) In an aggregated, searchable format; and (iii) In a format that may be downloaded in bulk. (c) Frequently requested materials. http://www.hud.gov/FOIA. (1) Highest-scoring funding grant applications. (2) Purchase charge cardholders. (3) FHA refunds. (4) FHA-approved lenders. (5) Homes for sale. (6) How to buy a HUD home. (7) How to apply for public housing and Section 8 housing. (8) Housing for the elderly. (9) Housing for individuals with disabilities. (10) HUD contracting home page. (11) FHA mortgage insurance programs. (12) HUD handbooks. (13) HUD programs. (14) HUD telephone directory. (15) HUD homes listing. (16) HUD's organization. (17) Multifamily housing data. (18) Public housing authority contact information. (19) Weekly listing of multifamily properties for sale. (20) Catalog of Federal Domestic Assistance (CFDA) materials. (21) Grants. (22) FOIA request logs. [80 FR 49145, Aug. 17, 2015, as amended at 82 FR 3622, Jan. 12, 2017; 82 FR 21694, May 10, 2017] § 15.102 Requirements for making requests for records. (a) In general. (b) HUD field office records. (c) HUD headquarters records. http://www.hud.gov/FOIA. (d) Form of requests. (1) Be in writing and clearly identifiable as a FOIA request. To facilitate identification, the requester should place the phrase “FOIA Request” on the front of the envelope or on the cover sheet or other transmittal document used when submitting the request in person or by mail, email, facsimile, or electronic request form; (2) Include, whenever possible, detailed and specific information about each record sought, such as the date, title or name, author, recipient, and subject matter of the record. The more specific the FOIA request for records, the more likely HUD officials will be able to locate the records requested. Requests for categories of information should be for specific and well-defined categories. Insufficient descriptions may lead HUD officials to contact the requester to seek additional information for their record search; (3) Indicate the form or format in which the requester would like the record made available, if the requester has a preference; (4) Specify the fee amount the requester is willing to pay. In general, HUD provides records at no cost up to $25. Requesters are required to agree to pay for any costs that exceed $25. Requesters may also request a dollar amount above which HUD should consult with them before they agree to pay the fee. If a requester seeks a fee waiver or reduction, the requester should include this request with the FOIA disclosure request and should describe, consistent with § 15.106(k), how the disclosure of the requested information 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; (5) Indicate the fee category that the requester believes applies to each of his or her requests (fee categories are defined in § 15.106(b)); (6) Include verification information of the requester's identity, if the requester requests agency records pertaining to the requester, a minor, or an individual who is legally incompetent. Information about what constitutes acceptable verification information can be found in HUD's Privacy Act regulations in 24 CFR part 16; (7) Contain signed authorization from the other person, if the requester makes a request on another person's behalf for information about that person. If necessary, HUD will inform the requester of the authorization needed from the other person and give the requester an opportunity to provide such authorization. Requests for information about another person should be accompanied by either written, notarized authorization or proof that the individual is deceased (for example, a copy of a death certificate or an obituary), or the request will be deemed insufficient; and (8) Contain a detailed explanation of the basis for the request, if the requester makes a request for expedited processing as provided by § 15.104(c). The requester should also include a statement certifying the truth of the circumstances alleged or other evidence, acceptable to HUD, of the requester's compelling need. § 15.103 Timing of responses to requests. (a) In general. (b) Tolling the 20-day time period. (1) One time to make a reasonable request for additional information from the requester; or (2) As many times as necessary to clarify issues regarding fee assessment with the requester. The agency's receipt of the requester's response to the agency's request for information or resolution of all fee assessment issues ends the tolling period. (c) Extension of time periods for processing a request. (1) The need to search for and collect records not located in the office processing the request; (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records; or (3) The need to consult with another agency or two or more HUD components having a substantial interest in the determination of the FOIA request. (d) Aggregating multiple requests. (i) Certain requests from the same requester or from a group of requesters acting in concert actually constitute a single request; and (ii) The requests involve clearly related matters. (2) Aggregation of requests for this purpose will be conducted independent of aggregation of requests for fee purposes under § 15.106(h). [80 FR 49145, Aug. 17, 2015, as amended at 82 FR 3622, Jan. 12, 2017] § 15.104 Procedures for processing FOIA requests. (a) In general. (b) Tracking number. (c) Expedited processing. (i) Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; (ii) An urgency to inform the public about an actual or alleged Federal Government activity, if made by a person primarily engaged in disseminating information; or (iii) The loss of substantial due process rights. (2) A request for expedited processing may be made at the time of the initial request for records or at any later time. For a prompt determination, a request for expedited processing should be received by the proper office designated to receive FOIA requests as provided in § 15.102. (3) A requester who seeks expedited processing should submit a statement, certified to be true and correct to the best of that person's knowledge and belief, explaining in detail the basis for requesting expedited processing. For example, a requester who makes a request under paragraph (c)(1)(ii) of this section, if not a full-time member of the news media, should establish that he or she is a person primarily engaged in disseminating information, though it need not be his or her sole occupation. A requester making a request under paragraph (c)(1)(ii) of this section also should establish a particular urgency to inform the public about the government activity involved in the request, beyond the public's right to know about government activity generally. The formality of certification may be waived as a matter of administrative discretion. (4) HUD will make a determination within 10 calendar days of receipt by the appropriate component of HUD, as provided in § 15.103, whether to grant or deny a request for expedited processing and notify the requester of HUD's determination. FOIA requests accepted for expedited processing will be processed as soon as practicable and on a priority basis. (d) Multitrack processing. (2) When HUD uses multitrack processing, it may provide requesters in its slower track an opportunity to limit the scope of their requests in order to qualify for faster processing within the specified limits of HUD's faster track. When HUD chooses to provide this option, HUD will contact the requester by telephone, letter, or email, whichever is more efficient in each case. [80 FR 49145, Aug. 17, 2015, as amended at 82 FR 3622, Jan. 12, 2017] § 15.105 Responses to requests. (a) Acknowledgements of requests. (b) Consultations, coordination, and referrals. (1) Respond to the request regarding that record, after consulting with the agency best able to determine whether to disclose it and with any other agency that has a substantial interest in it; or (2) Refer the responsibility for responding to the request regarding that record to the agency that originated the record, but only if that agency is subject to the FOIA. Ordinarily, the agency with which the record originated will be presumed to be best able to determine whether to disclose it. (c) Fee estimates. (d) Forms of response. (1) Granting requests in whole or in part. (2) Adverse determination of requests. (i) The name and title or position of the person responsible for the denial; (ii) A brief statement of the reason(s) for the denial, including any FOIA exemption applied by HUD in denying the request; (iii) An estimate of the volume of records or information withheld, when appropriate, in number of pages or in some other reasonable form of estimation. This estimate does not need to be provided if the volume is otherwise indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption; and (iv) Notice of the right of the requester to appeal to the head of the agency, within a period determined by the head of the agency that is not less than 90 days after the date of such adverse determination; (v) Notice of the right of the requester to seek dispute resolution services from the FOIA Public Liaison of the agency or the Office of Government Information Services; (vi) A statement that the denial may be appealed as provided by § 15.109 and a description of the requirements for appeal. [80 FR 49145, Aug. 17, 2015, as amended at 82 FR 3622, Jan. 12, 2017; 82 FR 21694, May 10, 2017] § 15.106 Fees. (a) In general. (b) Definitions. Commercial use Direct costs Duplication e.g., Educational institution (i)(A) A preschool; (B) A public or private elementary or secondary school; (C) An institution of graduate higher education; (D) An institution of undergraduate higher education; (E) An institution of professional education; or (F) An institution of vocational education, that primarily (or solely) operates a program or programs of scholarly research. (ii) To be in this category, a requester should show that the request is authorized by, and is made under the auspices of, a qualifying institution and that the records are not sought for a commercial use but are sought to further scholarly research. Records requested for the intention of fulfilling credit requirements are not considered to be sought for a scholarly purpose. Other requester Noncommercial scientific institution Representative of the news media, news media requester, news (c) Fees Schedule. FOIA Fee Schedule Activity Rate Commercial use requester News media, educational institution, or Other requester (i) Professional search $13 per quarter hour Applies Does not apply Applies. No charge for first 2 hours of cumulative search time. (ii) Professional review $13 per quarter hour Applies Does not apply Does not apply. (iii) Clerical search $6 per quarter hour Applies Does not apply Applies. No charge for first 2 hours of cumulative search time. (iv) Clerical review $6 per quarter hour Applies Does not apply Does not apply. (v) Programming services required Direct costs associated with search Applies Does not apply Applies. (vi) Duplication costs $0.10 per page Applies Applies. No charge for first 100 pages Applies. No charge for first 100 pages. (vii) Duplication costs—tape, CD ROM or diskette Actual cost Applies Applies Applies. (2) Search. (ii) For each hour spent by personnel searching for requested records, including electronic searches that do not require new programming, the fees will be $13 per quarter hour for professional personnel and $6 per quarter hour for clerical personnel. (iii) Requesters will be charged the direct costs associated with conducting any search that requires the creation of a new program to locate the requested records. (iv) For requests requiring the retrieval of records from any Federal records center, certain additional costs may be incurred in accordance with the Transactional Billing Rate Schedule established by the National Archives and Records Administration. (3) Duplication. (4) Review. (d) Restrictions on charging fees. (2) Search and review fees will be charged in quarter-hour increments. HUD will round up a quarter hour when professional and clerical search and review time exceeds a quarter-hour increment. (3) Except for requesters seeking records for a commercial use, HUD will provide without charge: (i) The first 100 pages of duplication (or the cost equivalent); and (ii) The first 2 hours of search (or the cost equivalent). (4) No fee will be charged whenever a total fee calculated under paragraph (c) of this section is less than HUD's cost to process the payment. Currently, whenever a total fee calculated is $25 or less, no fee will be charged. (5) If HUD determines that unusual circumstances apply and HUD provides timely written notice to the requester pursuant to requirements provided in § 15.103(c), a failure to comply with any time limit as described in § 15.103 is excused for an additional 10 days. If HUD fails to comply with the extended time limit, HUD may not assess any search fees (or for requesters that are educational or noncommercial scientific institutions or representatives of the news media requesting records not sought for commercial use, duplication fees). (6) If unusual circumstances apply and more than 5000 pages are necessary to respond to the request, HUD may charge search fees or, for requesters that are educational or noncommercial scientific institutions or representatives of the news media requesting records not sought for commercial use, duplication fees, if timely written notice has been made to the requester pursuant to requirements provided in § 15.103(c) and HUD has discussed with the requester through written mail, electronic mail, or telephone (or made not less than 3 good-faith attempts to do so) how the requester could effectively limit the scope of the request as stipulated in § 15.103(c). (7)(i) If a court has determined that exceptional circumstances exist, a failure to comply with any time limit as described in § 15.103 shall be excused for the length of time provided by the court order. (ii) For purposes of this section, the term “exceptional circumstances” does not include a delay that results from a predictable workload of requests, unless HUD demonstrates reasonable progress in reducing its backlog of pending requests. However, refusal by the requester to reasonably modify the scope of a request or arrange an alternative time frame for processing a request (or a modified request) after HUD gives them an opportunity to do so shall be considered a factor in determining whether exceptional circumstances exist. (e) Notice of anticipated fees in excess of $25. (f) Charges for other services. (g) Charging interest. (h) Aggregating requests. (i) Advance payments. (2) If HUD determines or estimates that a total fee to be charged under this section will be more than $250, it may require the requester to make an advance payment of an amount up to the amount of the entire anticipated fee before beginning to process the request, except where it receives a satisfactory assurance of full payment from a requester who has a history of prompt payment. (3) If a requester has previously failed to pay a properly charged FOIA fee to HUD within 30 days of the date of billing, before HUD begins to process a new request or continues to process a pending request from that requester, HUD will require the requester to pay the full amount due, plus any applicable interest, and to make an advance payment of the full amount of any anticipated fee. If HUD has a reasonable basis to believe that a requester has misrepresented his or her identity in order to avoid paying outstanding fees, HUD may require that the requester provide proof of identity. (4) When HUD requires advance payment, the request will be held in abeyance for 15 working days to allow the requester an opportunity to make payment in advance and/or modify the scope of the request. If the requester does not pay the advance payment or modify the scope of the request within the allotted time frame, the request will be closed. (j) Other statutes specifically providing for fees. (k) Requirements for waiver or reduction of fees. (i) Disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government; and (ii) Disclosure of the information is not primarily in the commercial interest of the requester. (2) To determine whether the first fee waiver requirement is met, HUD will consider the following factors: (i) The subject of the requested records should concern identifiable operations or activities of the Federal Government, with a connection that is direct and clear, not remote or attenuated. (ii) The disclosable portions of the requested records should be meaningfully informative about government operations or activities and “likely to contribute” to an increased public understanding of those operations or activities. The disclosure of information that already is in the public domain, in either a duplicative or a substantially identical form, would not be as likely to contribute to such increased understanding, where nothing new would be added to the public's understanding. (iii) The disclosure should contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area and ability and intention to effectively convey information to the public will be considered. It will be presumed that a representative of the news media will satisfy this consideration. (iv) The public's understanding of the subject in question, as compared to the level of public understanding existing prior to the disclosure, should be enhanced by the disclosure to a significant extent. However, HUD will not make value judgments about whether information at issue is “important” enough to be made public. (3) To determine whether the second fee waiver requirement is met, HUD will consider the following factors: (i) HUD will identify any commercial interest of the requester as defined in paragraph (b) of this section, or of any person on whose behalf the requester may be acting, that would be furthered by the requested disclosure. Requesters shall be given an opportunity in the administrative process to provide explanatory information regarding this consideration. (ii) A fee waiver or reduction is justified where the public interest standard is satisfied and that public interest is greater than that of any identified commercial interest in disclosure. HUD ordinarily will presume that where a news media requester has satisfied the public interest standard, the public interest will be the interest primarily served by disclosure to that requester. Disclosure to data brokers or others who merely compile and market government information for direct economic return will not be presumed to primarily serve the public interest. (4) Where only some of the records to be released satisfy the requirements for a waiver of fees, a waiver will be granted for those records. (5) Requests for the waiver or reduction of fees should address the factors listed in paragraphs (k)(2) and (3) of this section, insofar as they apply to each request. In deciding to grant waivers or reductions of fees, HUD will exercise its discretion to consider the cost effectiveness of its investment of administrative resources. [80 FR 49145, Aug. 17, 2015, as amended at 82 FR 3622, Jan. 12, 2017] § 15.107 Documents generally protected from disclosure. (a) HUD shall withhold information only if HUD reasonably foresees that disclosure would harm an interest protected by an exemption as provided in paragraph (b) of this section, or disclosure is prohibited by law. HUD will consider whether partial disclosure of information is possible whenever HUD determines that a full disclosure of a requested record is not possible, and will take reasonable steps necessary to segregate and release nonexempt information. Nothing in this section requires disclosure of information that is otherwise prohibited from disclosure by law, or otherwise exempted from disclosure as provided in paragraph (b)(3) of this section. (b) The FOIA contains nine exemptions (5 U.S.C. 552(b)) that authorize agencies to withhold various records from disclosure. With regard to certain types of records, HUD generally applies the exemptions as follows: (1) Classified documents. (2) Internal agency rules and practices. (3) Information prohibited from disclosure by another statute. (4) Commercial or financial information. (5) Certain interagency or intra-agency communications. (6) Personal privacy. (7) Law enforcement records. (8) Supervision of financial institutions. (9) Wells. [82 FR 21694, May 10, 2017] § 15.108 Business information. (a) In general. (b) Designation of business information. (c) Notice to submitters. (d) Where notice is required. (1) The information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or (2) HUD has reason to believe that the information may be protected from disclosure under Exemption 4. (e) Opportunity to object to disclosure. (f) Notice of intent to disclose. (1) A statement of the reason(s) why each of the submitter's disclosure objections was not sustained; (2) A description of the business information to be disclosed; and (3) A specified disclosure date, which shall be a reasonable time subsequent to the notice. (g) Exceptions to notice requirements. (1) HUD determines that the information should not be disclosed; (2) The information lawfully has been published or has been officially made available to the public; or (3) Disclosure of the information is required by statute (other than the FOIA) or by a regulation issued in accordance with the requirements of Executive Order 12600. (h) Notice of a FOIA lawsuit. (i) Corresponding notice to requesters. § 15.109 Appeals. (a) In general. (b) Time frames (2) All other appeals. (3) Exceptions. (c) Content of appeals. (1) A copy of the original request; (2) A copy of the adverse determination; (3) A statement of facts and legal arguments supporting the appeal; and (4) Any additional information the appellant wishes to include. (d) When appeal is required. [80 FR 49145, Aug. 17, 2015 as amended at 82 FR 21695, May 10, 2017] § 15.110 HUD response to appeals. (a) In general. (2) The decision on the appeal will be made in writing and will be considered the final action of HUD. (i) A decision affirming an adverse determination, in whole or in part, will contain a statement of the reason(s) for the affirmation, including any FOIA exemption(s) applied, and will inform the appellant of the FOIA provisions for potential court review of the decision. (ii) If the adverse determination is modified on appeal, in whole or in part, a written decision will be sent to the appellant and the FOIA request will be reprocessed in accordance with the appeal decision. (iii) Adverse decisions will include the name and contact information of dispute resolution services that offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a nonexclusive alternative to litigation. (b) Appeal of a denial of record request. (1) Overturns the adverse determination, in whole or in part, and remands the request to the appropriate office. The requester will be notified of the rationale for the determination in writing. The original office will then reprocess the request in accordance with the appeal determination and respond directly to the requester; or (2) Affirms the adverse determination and declines to provide the requested records to the appellant. (c) Appeal of a fee determination. (1) Waives the fee or charges the fee that the appellant requested; (2) Modifies the original fee charged and explains why the modified fee is appropriate; or (3) Advises the appellant that the original fee charged was appropriate and gives the reason behind this determination. (d) Appeal of a denial of expedited processing. (1) Overturns the adverse determination and grants the expedited processing request; or (2) Affirms the decision to deny expedited processing. Subpart C—Production of Material or Provision of Testimony in Response to Demands in Legal Proceedings Among Private Litigants Source: 72 FR 8582, Feb. 26, 2007, unless otherwise noted. § 15.201 Purpose and scope. (a) This subpart contains the regulations of the Department concerning the procedures to be followed and standards to be applied when demand is issued in a legal proceeding among private litigants for the production or disclosure of any material, whether provided through production of material or provision of testimony. (b) This subpart does not apply to demands, which are covered by part 2004 of this title, for production of material in the files of the Office of Inspector General or provision of testimony by employees within the Office of Inspector General. (c) This subpart also provides guidance to persons engaged in private litigation, to which the United States is not a party, on the procedures to be followed when making a demand for documents or testimony on the Department of Housing and Urban Development. This subpart does not, and may not be relied upon to, create any affirmative right or benefit, substantive or procedural, enforceable against HUD. [72 FR 8582, Feb. 26, 2007, as amended at 73 FR 72205, Nov. 26, 2008] § 15.202 Production of material or provision of testimony prohibited unless approved. Neither the Department nor any employee of the Department shall comply with any demand for production of material or provision of testimony in a legal proceeding among private litigants, unless the prior approval of the Authorized Approving Official has been obtained in accordance with this subpart. This rule does not apply to any legal proceeding in which an employee may be called to participate, either through the production of documents or the provision of testimony, not on official time, as to facts or opinions that are in no way related to material described in § 15.201. [73 FR 72205, Nov. 26, 2008] § 15.203 Making a demand for production of material or provision of testimony. (a) Any demand made to the Department or an employee of the Department to produce any material or provide any testimony in a legal proceeding among private litigants must: (1) Be submitted in writing to the Department or employee of the Department, with a copy to the Appropriate Associate General Counsel or Appropriate Regional Counsel, no later than 30 days before the date the material or testimony is required; (2) State, with particularity, the material or testimony sought; (3) If testimony is requested, state: (i) The intended use of the testimony, and (ii) Whether expert or opinion testimony will be sought from the employee; (4) State whether the production of such material or provision of such testimony could reveal classified, confidential, or privileged material; (5) Summarize the need for and relevance of the material or testimony sought in the legal proceeding and include a copy of the complaint, if available; (6) State whether the material or testimony is available from any other source and, if so, state all such other sources; (7) State why no document[s], or declaration[s] or affidavit[s], could be used in lieu of oral testimony that is being sought; (8) Estimate the amount of time the employee will need in order to prepare for, travel to, and attend the legal proceeding, as appropriate; (9) State why the production of the material or provision of the testimony is appropriate under the rules of procedure governing the legal proceeding for which it is sought (e.g., not be unduly burdensome or otherwise inappropriate under the relevant rules governing discovery); and (10) Describe how producing such material or providing such testimony would affect the interests of the United States. (b) If the Department determines that the requestor has failed to provide the information required by paragraph (a) of this section, or that the information provided is insufficient to consider the demand in accordance with § 15.204, the Department may require that additional information be provided by the requestor before the demand is considered. (c) Whenever a demand is made upon the Department or an employee of the Department for the production of material or provision of testimony, the employee shall immediately notify the Appropriate Associate General Counsel or Appropriate Regional Counsel. [73 FR 72205, Nov. 26, 2008] § 15.204 Consideration of demands for production of material or provision of testimony. (a) The Authorized Approving Official shall determine what material is to be produced or what testimony is to be provided, based upon the following standards: (1) Expert or opinion material or testimony. (2) Factual material or testimony. (i) Producing such material or providing such testimony would violate a statute or regulation; (ii) Producing such material or providing such testimony would reveal classified, confidential, or privileged material; (iii) Such material or testimony would be irrelevant to the legal proceeding; (iv) Such material or testimony could be obtained from any other source; (v) One or more documents, or a declaration or affidavit, could reasonably be provided in lieu of oral testimony; (vi) The amount of employees' time necessary to comply with the demand would be unreasonable; (vii) Production of the material or provision of the testimony would not be required under the rules of procedure governing the legal proceeding for which it is sought (e.g., unduly burdensome or otherwise inappropriate under the relevant rules governing discovery); (viii) Producing such material or providing such testimony would impede a significant interest of the United States; or (ix) The Department has any other legally cognizable objection to the release of such information or testimony in response to a demand. (b) Once a determination has been made, the requester will be notified of the determination. If the demand is denied, the requestor shall be notified of the reasons for the denial. If the demand is conditionally approved, the requestor shall be notified of the conditions that have been imposed upon the production of the material or provision of the testimony demanded, and the reasons for the conditional approval of the demand. (c) The Authorized Approving Official may impose conditions or restrictions on the production of any material or provision of any testimony. Such conditions or restrictions may include the following: (1) A requirement that the parties to the legal proceeding obtain a protective order or execute a confidentiality agreement to limit access to, and limit any further disclosure of, material or testimony; (2) A requirement that the requester accept examination of documentary material on HUD premises in lieu of production of copies; (3) A limitation on the subject areas of testimony permitted; (4) A requirement that testimony of a HUD employee be provided by deposition at a location prescribed by HUD or by written declaration; (5) A requirement that the parties to the legal proceeding agree that a transcript of the permitted testimony be kept under seal or will only be used or only made available in the particular legal proceeding for which testimony was demanded; (6) A requirement that the requester purchase an extra copy of the transcript of the employee's testimony from the court reporter and provide the Department with a copy at the requester's expense; or (7) Any other condition or restriction deemed to be in the best interests of the United States, including reimbursement of costs to the Department. (d) The determination made with respect to the production of material or provision of testimony pursuant to this subpart is within the sole discretion of the Authorized Approving Official and shall constitute final agency action from which no administrative appeal is available. [73 FR 72205, Nov. 26, 2008] § 15.205 Method of production of material or provision of testimony. (a) Where the Authorized Approving Official has authorized the production of material or provision of testimony, the Department shall produce such material or provide such testimony in accordance with this section and any conditions imposed upon production of material or provision of testimony pursuant to § 15.204(c). (b) In any legal proceeding where the Authorized Approving Official has authorized the production of documents, the Department shall respond by producing authenticated copies of the documents, to which the seal of the Department has been affixed, in accordance with its authentication procedures. The authentication shall be evidence that the documents are true copies of documents in the Department's files and shall be sufficient for the purposes of Rules 803(8) and 902 of the Federal Rules of Evidence and Rule 44(a)(1) of the Federal Rules of Civil Procedure. (c) If response to a demand is required before the determination from the Authorized Approving Official is received, the U.S. Attorney, Department of Justice Attorney, or such other attorney as may be designated for the purpose will appear or make such filings as are necessary to furnish the court or other authority with a copy of the regulations contained in this subpart and will inform the court or other authority that the demand has been, or is being, as the case may be, referred for prompt consideration. The court or other authority shall be requested respectfully to stay the demand pending receipt of the requested determination from the Authorized Approving Official. [73 FR 72206, Nov. 26, 2008] § 15.206 Procedure in the event of an adverse ruling regarding production of material or provision of testimony. If the court or other authority declines to stay the demand made in accordance with § 15.205(c) pending receipt of the determination from the Authorized Approving Official, or if the court or other authority rules that the demand must be complied with irrespective of the determination by the Authorized Approving Official not to produce the material or provide the testimony demanded or to produce subject to conditions or restrictions, the employee upon whom the demand has been made shall, if so directed by an attorney representing the Department, respectfully decline to comply with the demand. ( United States ex rel. Touhy Ragen, [73 FR 72206, Nov. 26, 2008] Subpart D—Production of Material or Provision of Testimony in Response to Demands in Legal Proceedings in Which the United States Is a Party Source: 72 FR 8583, Feb. 26, 2007, unless otherwise noted. § 15.301 Purpose and scope. (a) This subpart contains the regulations of the Department concerning the procedures to be followed and standards to be applied when demand is issued in a legal proceeding in which the United States is a party for the production or disclosure of any material, whether provided through production of material or provision of testimony. (b) This subpart does not apply to demands, which are covered by part 2004 of this title, for production of material in the files of the Office of Inspector General or provision of testimony by employees within the Office of Inspector General. § 15.302 Production of material or provision of testimony prohibited unless approved. Neither the Department nor any employee of the Department shall comply with any demand for production of material or provision of testimony in a legal proceeding in which the United States is a party, unless the prior approval of the attorney representing the United States has been obtained in accordance with this subpart. This rule does not apply to any legal proceeding in which an employee may be called to participate, either through the production of documents or the provision of testimony, not on official time, as to facts or opinions that are in no way related to material described in § 15.301. [73 FR 72206, Nov. 26, 2008] § 15.303 Procedure for review of demands for production of material or provision of testimony in any legal proceeding in which the United States is a party. Whenever a demand is made upon the Department or an employee of the Department for the production of material or provision of testimony, the employee shall immediately notify the Appropriate Associate General Counsel or Appropriate Regional Counsel. [73 FR 72207, Nov. 26, 2008] § 15.304 Consideration of demands for production of material or provision of testimony. Consideration of demands shall be within the province of the attorney representing the United States, who may raise any valid objection to the production of material or provision of testimony in response to the demand. [73 FR 72207, Nov. 26, 2008] § 15.305 Method of production of material or provision of testimony. If the production of material or provision of testimony has been authorized, the Department may respond by producing authenticated copies of the documents, to which the seal of the Department has been affixed in accordance with its authentication procedures. The authentication shall be evidence that the documents are true copies of documents in the Department's files and shall be sufficient for the purposes of Rules 803(8) and 902 of the Federal Rules of Evidence and Rule 44(a)(1) of the Federal Rules of Civil Procedure. [73 FR 72207, Nov. 26, 2008] Appendix A to Part 15—Location Information for HUD FOIA Reading Rooms and Contact Information for Regional Counsel The Department maintains a reading room in Headquarters and in each of the Secretary's Representative's Offices. In addition, each of the Secretary's Representative's Offices has a Regional Counsel. The location and contact information for HUD's FOIA Reading Rooms and for the Regional Counsel can be found in HUD's Local Office Directory, on HUD's Internet site at http://www.hud.gov. [73 FR 72207, Nov. 26, 2008]