NDBA - North Dakota Bankers Association
11/05/2025 | Press release | Distributed by Public on 11/05/2025 09:03
CFPB Rescinds Changes to Adjudication Process
The CFPB has rescinded a series of changes made to its rules that, among other things, gave its director authority to resolve adjudication hearings overseen by the agency. The CFPB in 2022 and 2023 amended its adjudication procedures to make numerous changes to the process, including transferring authority to decide dispositive motions from the hearing officer presiding over the proceedings to the director. The major concern with the changes is they concentrated adjudicative authority in the director, risked depriving defendants of their due process right to an impartial tribunal, and made it more difficult for regulated entities to access Article III courts. CFPB said that after considering public comments, it decided to rescind most of the previous amendments, except those related to narrow clarificatory and procedural changes. It specifically cited concerns that the amendments "concentrated greater power in the director, particularly by allowing the director to rule on dispositive motions." To view the rule, visit: https://www.federalregister.gov/documents/2025/10/29/2025-19687/rules-of-practice-for-adjudication-proceedings
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