15.4 Administrative Record

A. When any enforcement action is taken with respect to a MAP Lender, an administrative record must be prepared that includes all materials that may have influenced the decision and not merely those relied upon in the final enforcement decision. Although not intended to be an exhaustive listing, the following are examples of material that should be included in the administrative record:

1. Correspondence between the Lender and HUD or the Lender and any third-party contractors.

2. E-mails or facsimiles if considered or relied on in the decision-making process.

3. Application and underwriting submissions.

4. Copies of appropriate sections of notices, guides including FAQ’s posted on the MAP web site, handbooks, regulations, and statutes.

5. Notes from meetings and telephone conversations; and

6. Work product and recommendations from HUD staff, together with copies of all supporting documents.

B. The term “enforcement action” includes the issuance of a Letter of Caution or a Warning Letter but does not include any referral, recommendation for action or presentation to the Directors of OMP or COB that does not result in an enforcement action. In matters before the Directors of OMP or COB, the

MAP Guide, March 2021 Go to beginning of Chapter 15

Bookmarked Version Go to Acronym and Abbreviation List, Glossary, Index

Chapter 15 Page 15-4

To return to this page after clicking a link, press ALT + Back Arrow

Chapter 15 Oversight of MAP Program Requirements 15.5 Settlement Agreements

Go to Table of Contents

administrative record ordinarily will consist of the referral and the materials accompanying the referral, any written materials submitted by the MAP Lender and any written materials submitted by the Directors of OMP or COB in response to those materials, the transcript of the informal meeting when that transcript is a part of the record, and the final decision of the Director of COB.

C. Intra-agency memoranda and other such internal records should be included unless they are privileged or would not otherwise be subject to release under a FOIA request. The administrative record in its final form as described in this section relates to and supports HUD’s final action and is not to be released to any person outside of HUD until it has been reviewed by the Office of General Counsel. All evidentiary material supporting any recommendation to the MAP Lender Review Board or the Mortgagee Review Board must be delivered to the MAP Lender as provided in Section 15.13.A and must be included in the administrative record.