written record of the terms of the adjustment;

(f) If no adjustment of the complaint is arrived at as described in § 7.35, a copy of the letter notifying the complainant of the proposed disposition of the complaint and of his right to a hearing;

(g) If the decision is made as described in § 7.39, a copy of the letter to the complainant transmitting that decision;

(h) If a hearing was held, the record of the hearing, together with the appeals examiner's findings, analysis, and recommended decision on the merits of the complaint; and

(i) A copy of the letter transmitting the decision.

APPEAL TO THE CIVIL SERVICE COMMISSION § 7.45

Entitlement.

(ii) Separation from the Department for reasons which are not related to his complaint; or

(3) On the merits of the complaint, as described in § 7.39 if the decision does not resolve the complaint to the satisfaction of the complainant.

(b) A complainant may not appeal to the Civil Service Commission under paragraph (a) of this section when the issue of discrimination giving rise to the complaint is being considered, or has been considered, in connection with any other appeal by the complainant to the Commission.

§ 7.46 Where to appeal.

An appeal by a complainant must be filed by him or his representative in writing either personally or by mail, with the Board of Appeals and Review, U.S. Civil Service Commission, Washington, D.C. 20415.

§ 7.47 Time limit.

(a) Except as provided in paragraph (b) of this section, a complainant may file an appeal at any time up to 15 calen

dar days after his receipt of the letter transmitting the decision of the Department.

(b) The time limit stated in paragraph (a) of this section may be extended in the discretion of the Board of Appeals and Review of the Commission, upon a showing by the complainant that he was not notified of the prescribed time limit and was not otherwise aware of it or that circumstances beyond his control prevented him from filing an appeal within the prescribed time limit.

§ 7.48

Appellate procedures.

The Board of Appeals and Review of the Commission shall review the complaint file of the Department and all relevant written representations made to the Board. However, there is no right to a hearing before the Board. The Board may remand a complaint to the Department for further investigation or a rehearing if the Board considers that action necessary, or have additional investigation conducted by Commission personnel. The provisions of this subpart apply to any further investigation or rehearing resulting from a remand from the Board. The Board shall issue a written decision setting forth its reasons for the decision and send copies thereof to the complainant, his designated representative, and the Department's Director of EEO. When corrective action is ordered, the Director of EEO shall report promptly to the Board that the corrective action has been taken. The decision of the Board is final and there is no further right to appeal. § 7.49 Appellate review by the Commis

sioners.

The Civil Service Commissioners may, in their discretion, reopen and reconsider any previous decision when the party requesting reopening submits written arguments or evidence which tends to establish that:

(a) New and material evidence is available that was not readily available when the previous decision was issued.

(b) The previous decision involves an erroneous interpretation of law or regulation or a misapplication of established policy; or

(c) The previous decision is of a precedential nature involving a new or unreviewed policy consideration that may have effects beyond the actual case at hand, or is otherwise of such an exceptional nature as to merit the personal attention of the Commissioners.

In accordance with section 7(g) of Public Law 89-174, 5 U.S.C. 624d (g), requiring the Secretary to cause a seal of office to be made for the Department of Housing and Urban Development of such device as the Secretary shall approve, which seal shall be judicially noticed, I have caused to be made a seal the design of which accompanies and is made a part of this document, and which is described as follows: On a white background within a circle composed of the words, "U.S. Department of Housing and Urban Development," is an eagle and two stars. The six upper bars depicting the upper portion of the eagle's wings, the torso of the eagle, the star at the right of the eagle, and the words, "U.S. Department of Housing and Urban Development," are colored blue. The eight lower bars depicting the lower portion of the eagle's wings and the star at the left of the eagle are colored green.

DEPARTMENT

U.S.

OF HOUS

ruling.

AUTHORITY: The provisions of this Part 15 are issued under 5 U.S.C. 552 and sec. 7(d), 79 Stat. 670; 42 U.S.C. 3535(d).

SOURCE: The provisions of this Part 15 appear at 32 F.R. 9660, July 4, 1967, unless otherwise noted.

Subpart A-Purpose and Policy

§ 15.1

Definitions.

As used in this Part

(a) "Act" means section 552 of Title 5, United States Code, as amended by Public Law 90-23, 81 Stat. 54, June 5, 1967. Public Law 90-23 repealed and superseded Public Law 89-487, 80 Stat. 250, July 4, 1966, sometimes referred to as the "Freedom of Information Act" or "Public Information Act."

(b) "Department" means the Department of Housing and Urban Development which consists of the Office of the Secretary and the several organizational units.

(c) "Secretary" means the Secretary of Housing and Urban Development.

(d) "Organizational unit" means any one of the several offices, staffs, divisions, or administrations of the Department, including the Federal Housing Adminis

tration (FHA) and the Federal National Mortgage Association (FNMA). Organizational unit also includes Department Regional Offices and local FHA and FNMA offices.

(e) "Person" means "person" as defined in 5 U.S.C. 551(2) to include corporations and organizations as well as individuals.

(f) "Information center" means any place, reading room, desk, or other area or facility established and maintained by the Department where the public may request and obtain information and records concerning the Department's operations and business.

The Department's policy is one of full and responsible disclosure of its identifiable records and information consistent with such competing public interests concerning the national security, personal privacy, and obligations of confidentiality as are recognized by 5 U.S.C. 552. Every effort will be made to furnish service with reasonable promptness to the public with respect to the obtaining of records and information.

Subpart B-Production and Disclosure of Records

§ 15.11 Publication in the Federal Register.

Subject to the exemptions in § 15.21, the Department shall separately state and currently publish in the FEDERAL REGISTER for the guidance of the public:

(a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, 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;

Except to the extent that a person has actual and timely notice of the terms thereof, no person shall in any manner be required to resort to or be adversely affected by any matter required to be published in the FEDERAL REGISTER and not so published. For purposes of this § 15.11, matter which is reasonably available to the class of persons affected thereby shall be deemed published in the FEDERAL REGISTER when incorporated by reference therein with the approval of the Director of the Office of the Federal Register, as provided in 32 F.R. 7899, June 1, 1967, 1 CFR Part 20.

§ 15.12 Materials not published in Federal Register.

in

(a) Subject to the exemptions § 15.21, the Department, in accordance with this part, shall make available for public inspection and copying:

(1) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(2) Statement of policy and interpretations which have been adopted by the Department and are not published in the FEDERAL REGISTER; and

(3) Administrative staff manuals and instructions to staff that affect a member of the public.

(b) To prevent a clearly unwarranted invasion of personal privacy, the Department may delete identifying details when it makes available or publishes any material. Whenever such deletions are required, the record or copy will be made available with the space formerly occupied by such identifying details left blank, and the justification for the deletion shall be explained fully in writing.

(c) The Department shall maintain and make available for public inspection and copying a current index providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and

which is required by this § 15.12 to be made available or published. § 15.13

Identifiable records produced

upon request.

Requests for records and copies may be made in person during normal business hours at information centers listed below in § 15.31 of this part. Requests may also be made by mail addressed to such centers.

(a) Each request for a record or copy thereof should identify the record specifically with respect to names, dates, subject matter, and location, if known. The Department will notify any person making a request if further identifying information is needed before his request can be honored.

(b) Charges will be made in accordance with the schedule of fees set forth in § 15.14 for any records search which involves more than one man-hour of work, and for duplicating, reproducing, certifying, or authenticating copies of documents furnished.

(c) When a request is made for an identifiable record of the Department which has been stored in the National Archives or other record centers of the General Services Administration, such record will be requested by the DepartIment if it otherwise would be available under this part.

(d) Every effort will be made to make a record in use by the staff of the Department available when requested, and such availability will be deferred only to the extent necessary to avoid serious interference with the business of the Department.

(e) Copies of a requested record need not be furnished if the record is published in the FEDERAL REGISTER or is available for purchase from the Superintendent of Documents of the Government Printing Office. Such records may, however, be examined in one of the Department's information centers.

§ 15.14 Schedule of fees.

For the services listed below performed in the location and disclosure or furnishing of copies of records under 5 U.S.C. 552, and pursuant to the policy estabplished by Congress in 5 U.S.C. (1964 Ed.) 140, Act of August 31, 1951, the following charges will apply:

(a) Records search:

(1) First man-hour on any single request: no fee.

(2) Each additional man-hour or fraction thereof: $5.

(f) Attestation under the seal of the Department or of FNMA, as the case may be, each: $2.

(g) Payment of fees under this § 15.20 shall be made in cash, or by U.S. money order, or by certified bank check payable to the Treasurer of the United States except that, in case of the Federal Housing Administration and the Federal National Mortgage Association, drafts should be made payable to those organizational units. Postage stamps will not be accepted.

Subpart C-Exemptions

§ 15.21 Exemptions authorized by 5 U.S.C. 552.

A requested record shall not be withheld from inspection or copying unless it both (1) comes within one of the classes of records exempted by 5 U.S.C. 552, and (2) there is need in the public interest to withhold it. In determining the scope of the classes of records described in paragraph (a) of this section, the Attorney General's Memorandum on the Public Information Act, June 1967, will be used as a guide.

(a) The classes of records authorized to be exempted from disclosure by 5 U.S.C. 552 are those which concern matters that are:

(1) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;

(2) Related solely to the internal personnel rules and practices of the Department;

(3) Specifically exempted from disclosure by statute;

(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) Interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the Department;

(6) Personnel and medical files and similar files the disclosure of which

would constitute a clearly unwarranted invasion of personal privacy;

(7) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency;

(8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of the Department in connection with its responsibility for the regulation or supervision of financial institutions; or (9) Geological and geophysical information and data, including maps, concerning wells.

Subpart D-Where Records May Be Inspected and Obtained

§ 15.31 Information centers.

(a) The Department maintains a Central Information Center in Washington, D.C., at the following location:

Department of Housing and Urban Development, 451 Seventh Street SW., Room 1202, Washington, D.C. 20410.

(b) The Department also maintains an information center

(1) In each of its Regional Offices as follows:

Region I-26 Federal Plaza, New York, N.Y. 10007.

Region II-Curtis Building, Sixth and Walnut Streets, Philadelphia, Pa. 19106. Region III-Peachtree-Seventh Building, Atlanta, Ga. 30323.

Region IV-360 North Michigan Avenue, Chicago, Ill. 60601.

Region V-Federal Office Building, 819 Taylor Street, Fort Worth, Tex. 76102.

Region VI 450 Golden Gate Avenue, Post Office Box 36003, San Francisco, Calif. 94102; Northwest Area Office, Arcade Plaza Building, Seattle, Wash. 98104.

Region VII-Ponce De Leon and Boliva, Post Office Box 3869, GPO, San Juan, P.R. 00936.

(2) In each FNMA Agency Office as follows:

211 South Broad Street, Philadelphia, Pa. 19107.

34 Peachtree Street NE., Atlanta, Ga. 30303. 1112 Commonwealth Edison Building, 72 West Adams Street, Chicago, Ill. 60603. 411 North Akard Street, Dallas, Tex. 75201. 3540 Wilshire Boulevard, Los Angeles, Calif. 90005.

(3) In each FHA Local Insuring Office at its respective local address as listed in local telephone directories.

[32 F.R. 9660, July 4, 1967, as amended at 34 F.R. 11543, July 12, 1969]

§ 15.32 Information officers.

There shall be an information officer in each of the information centers described in § 15.31 who shall be responsible for making information and records available to the public in accordance with this part. The information officer in the Department Central Information Center shall be designated by the Director of Public Affairs. The information officer in each Regional Office and field office shall be designated by the Regional Administrator or the Director of the office, as the case may be, with the concurrence of the Director of Public Affairs.

[34 F.R. 11543, Aug. 12, 1969]

§ 15.33

Material in Department Central Information Center.

(a) The Central Information Center shall contain or have ready access to the following as a minimum:

(1) FEDERAL REGISTER, Code of Federal Regulations, and regulations of the Department contained therein;

(2) Precedent final opinions and orders in the adjudication of cases;

(3) Administrative staff manuals which affect the public;

(4) Program manuals which affect the public and forms;

(5) Interpretations relied upon as precedents;

(6) A current index of the foregoing materials issued, adopted, promulgated after July 4, 1967.

(b) Each Regional Office information center, each FHA Local Insuring Office, and each FNMA Agency Office shall contain or shall have ready access to such of the above records as pertain to the activities of that office.

(c) Facilities shall be available to each information center for the copying of properly requested and available records.

Subpart E-Procedures for Requesting Access to Records