§ 4000.2 - Freedom of Information Act.

(a) In general. While the Board is not part of the Department of Housing and Urban Development (“HUD”), the Board follows the regulations promulgated by HUD at subparts A and B (“FOIA Disclosure Information”) of part 15 (“Public access to HUD records under the Freedom of Information Act and testimony and production of information by HUD employees”) of Title 24 (“Housing and Urban Development”) of the Code of Federal Regulations (“CFR”), except as otherwise provided in this section. Any reference in 24 CFR 15.1 through 15.112 to “HUD” shall be construed to refer to the Board. In the event that the regulations at subparts A and B of part 15 of title 24 of the CFR subsequently are amended by HUD, the Board will follow those amended regulations. The following additional information is provided to implement 24 CFR 15.1 through 15.112 as such sections apply to the Board.

(b) Requests for information. All requests to the Board for access to records of the Board should be directed to the attention of the Board at the U.S. Department of Housing and Urban Development (HUD), Freedom of Information Act Office, 451 Seventh Street, SW., Room 10139, Washington, DC 20410-3000 (HUD Headquarters), where the Board maintains its principal place of business. Requestors should follow the directions for requesting records as provided in the regulations in 24 CFR part 15, subpart B. The public reading rooms for the Board are the reading rooms located at HUD Headquarters in Washington, DC. Due to security measures at HUD Headquarters, an advance appointment to review the public comments must be scheduled by calling the FOIA Office at 202-708-3054 (this is not a toll-free number).

(c) Requests for records. Initial determinations whether to grant requests for records of the Board will be made by the Secretary of the Board or the designee of such official. Requests for records by mail should be addressed to the same address as that provided in paragraph (a) of this section.

(d) Administrative appeal of initial determination to deny records. (1) Appellate determinations with respect to the records of the Board will be made by an official, designated by the Executive Director of the Board, who had no involvement in the initial determination of the request for records that is the subject of the appeal.

(2) Appellate determinations with respect to requests for expedited processing shall be made by the Secretary of the Board or the designee of such official.

(3) Appeals should be addressed to the address provided in paragraph (a) of this section.

(e) Delivery of process. Service of process will be received by Counselor to the Board or the designee of such official and shall be delivered to the address provided in paragraph (a) of this section to the attention of Counselor to the Board.