In the February 5, 2018, issue of the Federal Register (83 FR 5055, click here), the Consumer Financial Protection Bureau (CFPB) published a request for information (RFI) seeking comments and information to assist it in considering whether and how to amend the CFPB’s Rules of Practice for Adjudication Proceedings, including its administrative adjudication processes, while continuing to achieve it statutory purposes and objectives.
The following is a redaction of the above RFI published by the CFPB in the Federal Register. The redacted text contains the essential information needed to submit the requested information and comments.
You may submit information and other comments, identified by Docket No. CFPB–2018–0002, by any of the following methods:
• Electronic: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
• Email: [email protected]. Include Docket No. CFPB–2018–0002 in the subject line of the message.
• Mail: Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
• Hand Delivery/Courier: Monica Jackson Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
Comments must be received by April 6, 2018, and must include the document title and docket number.
The Consumer Financial Protection Act of 2010 (Act) required the CFPB to prescribe rules establishing such procedures as may be necessary to carry out hearings and adjudications. These rules are codified in the Code of Federal Regulations, 12 CFR §§1081.100 – 1081.502 titled “Rules of Practice for Adjudication Proceedings” (Rules). The Rules pertain to the general conduct of administrative adjudication proceedings, the initiation of such proceedings and prehearing rules, hearings, decisions and appeals, and temporary cease-and-desist proceedings.
The CFPB is interested in receiving suggestions for whether it should be availing itself of the administrative adjudication process, and if so how its processes and Rules could be amended to better achieve the CFPB’s statutory objectives; to minimize burdens, impacts, or costs on parties subject to these proceedings; to align the Rules more closely with those of other agencies; and to better provide fair and efficient process to persons involved in the adjudication process, including ensuring that they have a full and fair opportunity to present evidence and arguments relevant to the proceeding.