Section 685.404 - Group process based on prior Secretarial final actions(a) For purposes of forming a Secretary-initiated group process in accordance with § 685.402(b) , the Department official may consider final actions as described in § 685.401(b)(5)(ii) .(b) For groups based on prior Secretarial final actions in accordance with this section, § 685.405 will not apply to the affected institutions.