Rulemaking Process

News & Analysis as of

FDIC regional offices issue UDAP guidance on continuous overdraft fees

Based on the CFPB’s rulemaking agenda issued in December 2013, we continue to expect overdraft programs to be the subject of another CFPB white paper and/or an advance notice of proposed rulemaking this year. (In June 2013,...more

Research Integrity Council Formed to Improve CFPB Rulemaking Process

Last week, a group of representatives from across a variety of industries met to discuss the formation of a Research Integrity Council (RIC), the purpose of which will be to make recommendations to improve the quality and...more

Primer on Negotiated Rulemaking

Given all the current and future negotiated rulemaking sessions for the U.S. Department of Education (Department), it might be helpful to take a look at the Department’s FAQs on the Negotiated Rulemaking Process. ...more

Some Thoughts on the Latest Round of Gainful Employment Negotiatied Rulemaking Part 1

I will apologize upfront for the length of this post. Or that there will be multiple posts on this. There’s just a lot to say after this latest session of gainful employment negotiated rulemaking. For those of you...more

Bipartisan Policy Center Recommends CFPB Changes

On September 24, the Bipartisan Policy Center (BPC) released a paper and held an event regarding the CFPB’s activities in its first three years, and potential changes to the agency and its policies going forward. The paper,...more

Fourth Circuit Says NLRB Lacks Authority to Require Union Poster

On June 14, 2013, the United States Court of Appeals for the Fourth Circuit struck down the National Labor Relations Board's (NLRB or Board) requirement that employers subject to its jurisdiction post on their properties and...more

FTB Fights Underground Regulation Determination – Why Won’t It Simply Do What’s Right?

Just last week, the California Taxpayers Association reported: For at least several months, the Franchise Tax Board has been sending filing enforcement notices to nonresidents of California, including many foreign...more

CFPB Fair Lending Guidance for Indirect Auto Lenders—It’s Not Just About Cars

Several weeks ago, the Consumer Financial Protection Bureau (“CFPB”) issued a fair lending guidance bulletin (“Bulletin”) directed at financial institutions that make indirect automobile loans. While the Bulletin thus far has...more

CPUC Rulemaking to Decide if Localities will be Shut Out of State Video Franchise Renewal Process - Opening Comments Must Be Filed...

The California Public Utilities Commission (CPUC) recently launched a proceeding to establish the rules that holders of state video franchises (such as Comcast, Time Warner Cable, Verizon, AT&T and others) must follow to...more

House Republicans Scrutinize Endangered Species Act Lawsuits

Today, the House Natural Resources Committee is holding a full committee oversight hearing on species conservation efforts undertaken at “on-the-ground-levels” in an effort to compare those efforts with the effectiveness of...more

Broadcast Client Advisory: FY 2013 Regulatory Fee Proposals

Executive Summary: The FCC has issued a schedule and explanation of the annual regulatory fees it proposes to collect late this Summer for Fiscal Year 2013. It also has proposed a change in its methodology that most likely...more

FMC Approves Proposed Rewrite of OTI Regulations

Today, the U.S. Federal Maritime Commission (FMC) voted 3-2 to move forward with reforming the Ocean Transportation Intermediaries (OTI) rules, regulating U.S.- and foreign-based non-vessel-operating common carriers (NVOCC)...more

SEC Roundtable Discusses Current Securities Law Topics at 33rd Annual Ray Garrett Jr. Corporate and Securities Law Institute

On May 2, Lona Nallengara and Shelley E. Parratt, the acting director and the deputy director, respectively, of the Securities and Exchange Commission’s Division of Corporation Finance, participated in a roundtable...more

D.C. Seeks to Finalize Rules Aimed at Preventing and Eliminating Lead Hazards

For several years, the District of Columbia has been working toward regulations designed to prevent and eliminate lead hazards. It came one step closer on April 26, 2013, when the District's Department of the Environment...more

SEC Reopening Comment Periods for Certain Rulemaking Releases and Policy Statement Applicable to Security-Based Swaps

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, regulatory authority over derivatives is divided between the Securities and Exchange Commission and the Commodity Futures Trading Commission. The SEC has...more

FINRA Submits Rulemaking Items to the SEC for Comment and Approval

At its April 2013 board meeting, the Financial Industry Regulatory Authority (FINRA) Board of Governors approved several proposed rule changes that will be submitted to the SEC for review and approval. The proposed rulemaking...more

Agency review bill opposed by CFPB, federal banking regulators and consumer groups

The CFPB, federal banking regulators and consumer groups have all voiced their opposition to Senate Bill 3468, the “Independent Agency Regulatory Analysis Act of 2012.” The bill would allow the President to require all...more

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