CFPB mostly rescinds two amendments to its adjudication proceedings
On October 29, the CFPB published a final rule in the Federal Register rescinding most of its amendments made to rules related to adjudication proceedings in February 2022 and March 2023. The amendments had made changes to the deposition process, timing and deadlines, bifurcation of proceedings, the process for deciding dispositive motions, and requirements for issue exhaustion, along with other technical adjustments.
The CFPB determined that the 2022 and 2023 amendments were largely unnecessary and that reverting to prior procedures would better ensure procedural due process and fairness in adjudication proceedings. Regarding dispositive motions, the Bureau stated that the amendments “concentrated power in the Director and relinquished power from the [administrative law judge] as hearing officer,” and argued that this shift in power to the director was “atypical in the Executive Branch.” According to the CFPB’s analysis, the other amendments reflect similar concentrations of power to the CFPB director. The Bureau, however, maintained those amendments related to how it computes deadlines and preserved its ability to provide electronic copies of documents to respondents, rather than requiring physical inspection at CFPB offices.
The CFPB had signaled its intent to rescind its amendments in May 2025 after publishing a notice in the Federal Register (covered here). The CFPB acted after receiving six comments from industry groups and individuals, with the majority expressing concern that the amendments concentrated authority in the director rather than an administrative law judge. The final rule went into effect after publication in the Federal Register.