[Code of Federal Regulations]
[Title 24, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR3500.4]

[Page 259-260]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
 CHAPTER XX--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 
        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 3500_REAL ESTATE SETTLEMENT PROCEDURES ACT--Table of Contents
 
Sec.  3500.4  Reliance upon rule, regulation or interpretation by HUD.

    (a) Rule, regulation or interpretation. (1) For purposes of sections 
19 (a) and (b) of RESPA (12 U.S.C. 2617 (a) and (b)) only the following 
constitute a rule, regulation or interpretation of the Secretary:
    (i) All provisions, including appendices, of this part. Any other 
document referred to in this part is not incorporated in this part 
unless it is specifically set out in this part;
    (ii) Any other document that is published in the Federal Register by 
the Secretary and states that it is an ``interpretation,'' 
``interpretive rule,'' ``commentary,'' or a ``statement of policy'' for 
purposes of section 19(a) of RESPA. Such documents will be prepared by 
HUD staff and counsel. Such documents may be revoked or amended by a 
subsequent document published in the Federal Register by the Secretary.
    (2) A ``rule, regulation, or interpretation thereof by the 
Secretary'' for purposes of section 19(b) of RESPA (12 U.S.C. 2617(b)) 
shall not include the special information booklet prescribed by the 
Secretary or any other statement or issuance, whether oral or written, 
by an officer or representative of the Department of Housing and Urban 
Development (HUD), letter or memorandum by the Secretary, General 
Counsel, any Assistant Secretary or other officer or employee of HUD, 
preamble to a regulation or other issuance of HUD, Public Guidance 
Document, report to Congress, pleading, affidavit or other document in 
litigation, pamphlet, handbook, guide, telegraphic

[[Page 260]]

communication, explanation, instructions to forms, speech or other 
material of any nature which is not specifically included in paragraph 
(a)(1) of this section.
    (b) Unofficial interpretations; staff discretion. In response to 
requests for interpretation of matters not adequately covered by this 
part or by an official interpretation issued under paragraph (a)(1)(ii) 
of this section, unofficial staff interpretations may be provided at the 
discretion of HUD staff or counsel. Written requests for such 
interpretations should be directed to the address indicated in Sec.  
3500.3. Such interpretations provide no protection under section 19(b) 
of RESPA (12 U.S.C. 2617(b)). Ordinarily, staff or counsel will not 
issue unofficial interpretations on matters adequately covered by this 
part or by official interpretations or commentaries issued under 
paragraph (a)(1)(ii) of this section.
    (c) All informal counsel's opinions and staff interpretations issued 
before November 2, 1992, were withdrawn as of that date. Courts and 
administrative agencies, however, may use previous opinions to determine 
the validity of conduct under the previous Regulation X.