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(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 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.
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