(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 Bureau:
(i) All provisions, including appendices and supplements, 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 Bureau and states that it is an “interpretation,”
“interpretive rule,” “commentary,” or a “statement of policy” for
purposes of section 19(a) of RESPA. Except in unusual circumstances,
interpretations will not be issued separately but will be incorporated in an
official interpretation to this part, which will be amended
periodically.
(2) A “rule, regulation, or interpretation thereof by the Bureau” for
purposes of section 19(b) of RESPA (12 U.S.C. 2617(b)) shall not include the
special information booklet prescribed by the Bureau or any other statement
or issuance, whether oral or written, by an officer or representative of the
Bureau, letter or memorandum by the Director, General Counsel, or other
officer or employee of the Bureau, preamble to a regulation or other issuance
of the Bureau, 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.
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(b) All informal counsel’s opinions and staff interpretations issued by HUD
before November 2, 1992, were withdrawn as of that date.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.
