(a)Discretion. Each decision concerning the availability of unpublished information is at the sole discretion of the Finance Board based on a weighing of all appropriate factors. The decision is a final agency action that exhausts administrative remedies for disclosure of the information.
(b)Time to respond. The Finance Board generally will respond in writing to a request for unpublished information within 60 days of receipt absent exigent or unusual circumstances and dependent upon the scope and completeness of the request.
(c)Factors the Finance Board may consider. The factors the Finance Board may consider in making a determination regarding the availability of unpublished information include:
(1) Whether and how the requested information is relevant to the purpose for which it is sought;
(2) Whether information reasonably suited to the requester's needs other than the requested information is available from another source;
(3) Whether the requested information is privileged;
(4) If the request is in connection with a legal proceeding, whether the proceeding has been filed;
(5) The burden placed on the Finance Board to respond to the request;
(6) Whether production of the information would be contrary to the public interest; and
(7) Whether the need for the information clearly outweighs the need to maintain the confidentiality of the information.
(d)Disclosure of unpublished information by others. When a person or entity other than the Finance Board has a claim of privilege regarding unpublished information and the information is in the possession or control of that person or entity, the Finance Board, at its sole discretion, may respond to a request for the information by authorizing the person or entity to disclose the information to the requester pursuant to an appropriate confidentiality order. Finance Board authorization to disclose information under this paragraph does not preclude the person or entity in possession of the unpublished information from asserting its own privilege, arguing that the information is not relevant, or asserting any other argument to protect the information from disclosure.
(e)Notice to supervised entities and Bank members. The Finance Board generally will notify a supervised entity or Bank member that it is the subject of a request, unless the Finance Board, in its sole discretion, determines that to do so would advantage or prejudice any of the parties to the matter at issue.