(a) The following items constitute the record upon which the award determination under Sec. 165.7 shall be made:
(1) The whistleblower's Form TCR, ``Tip, Complaint or Referral,'' including related attachments, and other documentation provided by the whistleblower to the Commission;
(2) The whistleblower's Form WB-APP, ``Application for Award for Original Information Provided Pursuant to Section 23 of the Commodity Exchange Act,'' and related attachments;
(3) The complaint, notice of hearing, answers and any amendments thereto;
(4) The final judgment, consent order, or administrative speaking order;
(5) The transcript of the related administrative hearing or civil injunctive proceeding, including any exhibits entered at the hearing or proceeding;
(6) Any other documents that appear on the docket of the proceeding; and
(7) Sworn declarations (including attachments) from the Commission's Division of Enforcement staff regarding any matters relevant to the award determination.
(b) The record upon which the award determinations under Sec. 165.7 shall be made shall not include any Commission pre-decisional, attorney-client privilege, attorney work product privilege, or internal deliberative process materials related to the Commission or its staff's determination: To file or settle the related covered judicial or administrative action; and/or whether, to whom and in what amount to make a whistleblower award. Further, the record upon which the award determination under Sec. 165.7 shall be made shall not include any other entity's pre-decisional, attorney-client privilege, attorney work product privilege, or internal deliberative process materials related to its or its staff's determination to file or settle a related action.