[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR81.85]



[Page 468]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 81_THE SECRETARY OF HUD'S REGULATION OF THE FEDERAL NATIONAL 

MORTGAGE ASSOCIATION (FANNIE MAE) AND THE FEDERAL HOME LOAN MORTGAGE 

CORPORATION (FREDDIE MAC)--Table of Contents

 

         Subpart G_Procedures for Actions and Review of Actions

 

Sec.  81.85  Public disclosure of final orders and agreements.



    (a) Disclosure. Except as provided in paragraph (b) of this section, 

the Secretary shall make available to the public final orders; written 

agreements and statements; and modifications and terminations of those 

orders, agreements, and statements, as set forth in 12 U.S.C. 4586(a) 

and the implementing regulations in this subpart G. The retention of 

records of these orders, agreements, and statements, and their 

modifications and terminations, are governed by 12 U.S.C. 4586(e).

    (b) Exceptions to disclosure. Exceptions to disclosure will be 

determined in accordance with 12 U.S.C. 4586 (c), (d), and (f) and 

paragraph (c) of this section.

    (c) Filing documents under seal--(1) Request by party. Upon the 

denial by the ALJ of a motion for a protective order, any party may 

request the Secretary to file any document or part of a document under 

seal if the party believes that disclosure of the document would be 

contrary to the public interest. Any other party may file with the 

Secretary a reply to such a request within 5 working days after a 

request is made or some other time to be determined by the Secretary. 

Such requests and replies are governed by Sec.  26.38 of this title.

    (2) Effect of request. A document or part of a document that is the 

subject of a timely request to the Secretary to file under seal will not 

be disclosed under this section until the Secretary has advised the 

parties and the ALJ, in writing, of the Secretary's decision on whether 

the document or part of a document should be filed under seal. The ALJ 

shall take all appropriate steps to preserve the confidentiality of such 

documents or parts of documents, including closing portions of the 

hearing to the public.

    (3) Time of request. Failure to file with the Secretary a timely 

request or a reply is deemed a waiver of any objection regarding the 

decision on whether a document is to be disclosed. A party must make its 

request to file a document under seal at least 10 days before the 

commencement of the hearing. A request may be filed at any other time 

before or during the course of the hearing, but the requesting party's 

obligation to produce the document or parts of the document will not be 

affected by the party's pending request to the Secretary, unless the 

Secretary expressly directs the ALJ to treat the document as protected 

from disclosure until the Secretary makes a final written decision on 

whether the document should be filed under seal. If the Secretary's 

direction to the ALJ is made orally, that direction must be reduced to 

writing and filed with the ALJ within 3 working days of the making of 

the oral order or the document will then be subject to disclosure 

pending the Secretary's final written decision on disclosure.



[60 FR 61888, Dec. 1, 1995, as amended at 61 FR 50219 Sept. 24, 1996]