Consideration of Comments. The review of the claim on appeal will take into account all evidence, testimony, new and additional records, documents, or other information the Member submitted relating to the claim, without regard to whether such information was submitted or considered in making the initial adverse benefit determination. If The Plan considers, relies on or generates new or additional evidence in connection with its review of the Member’s claim, The Plan will provide the Member with the new or additional evidence free of charge as soon as possible and with sufficient time to respond before a final determination is required to be provided by The Plan. If The Plan relies on a new or additional rationale in denying the Member’s claim on review, The Plan will provide the Member with the new or additional rationale as soon as possible and with sufficient time to respond before a final determination is required to be provided by The Plan.
Consideration of Comments. 4.1 Each party will consider any comments received from the other jurisdiction about the potential effects of a major project proposal that is in the vicinity of the other jurisdiction prior to making any decisions regarding project approval;
4.2 For a major project proposal located in Washington State, comments will be submitted directly to the designated lead agency for the EA/ER of that proposal;
4.3 For a major project proposal located in British Columbia, comments will be submitted directly to the EAO.
Consideration of Comments. The PAE must consider written public com- ments on the information listed in paragraph (a) of this section, if the comments are submitted within 30 days after giving notice under paragraph (a), and document the consideration for HUD. No public meeting is required. [65 FR 15485, Mar. 22, 2000, as amended at 65 FR 53900, Sept. 6, 2000]
(a) PAE responsibilities. The PAE must provide to parties entitled to notice under § 401.501 access to information obtained by the PAE about the project and its management if the PAE deter- mines that such information is reason- ably likely to contribute to effective participation by those parties in the restructuring process, or if HUD re- quires the PAE to provide access to the information. The PAE is not required to make public any information re- ceived from the owner or manager that the PAE reasonably characterizes as confidential or proprietary information that would not ordinarily be made pub- lic, except:
(1) Owner evaluation of physical con- dition (OEPC), or a comprehensive needs assessment (CA) if used instead of an OEPC, as required by § 401.450;
(2) Owner-prepared 1-year project rent analysis; and
(3) As directed by XXX.
(b) Information on expenses and profit/ loss. Before disclosing any information, the PAE must remove any information obtained by the PAE directly from the owner or project manager that is re- lated to project expenses, property valuation, or profit and loss, unless the owner gives written consent to disclo- sure with that information.
