CFPB Bulletin 11-3 

Re: Policy on Ex Parte Presentations in Rulemaking Proceedings 

Date: August 16, 2011 

 

The Consumer Financial Protection Bureau (CFPB) has adopted the following policy on 

ex parte presentations in rulemaking proceedings: 

CFPB POLICY ON EX PARTE PRESENTATIONS IN RULEMAKING PROCEEDINGS

 

(a) SCOPE.—This policy applies to communications with persons outside the 

Consumer Financial Protection Bureau (“CFPB”) during informal rulemaking 

proceedings conducted in accordance with section 553 of the Administrative Procedure 

Act, including rulemaking proceedings in which public comment is sought as a matter of 

discretion. 

(b) DEFINITIONS—For purposes of this policy, the following definitions apply: 

(1) EX PARTE PRESENTATION.— 

(A) Except as provided in subparagraph (b)(1)(B), the term “ex 

parte presentation” means any written or oral communication by any 

person outside the CFPB that imparts information or argument directed 

to the merits or outcome of a rulemaking proceeding. 

(B) Ex parte presentations do not include the following: 

 (i) Statements by any person made in a public meeting, 

hearing, conference, or similar event, or public medium such as 

a newspaper, magazine, or blog; 

 (ii) Communications that are inadvertently or casually 

made; 

 (iii) Inquiries limited to the status of a rulemaking or 

concerning compliance with procedural requirements; or 

 (iv) Communications that occur as part of the CFPB’s 

regular supervisory, monitoring, research, and/or other 

statutory responsibilities, which communications are only 

incidentally relevant to, and not intended to influence the 

outcome of, a rulemaking proceeding. 

(2) DECISION-MAKING PERSONNEL.—The term “decision-making 

personnel” means any employee of the CFPB who is or may reasonably be 

expected to be involved in formulating a CFPB rule. 
 (c) POLICY.—It is the CFPB’s policy to provide for open development of rules 

and to encourage full public participation in rulemaking actions. The CFPB encourages 

decision-making personnel to contact the public directly when factual information is 

needed to resolve questions of substance and to be receptive, consistent with the 

limitations on CFPB staff time, to communications from persons affected by or 

interested in a CFPB rulemaking. However, to promote fairness and reasoned decisionmaking, the CFPB’s policy is to require public disclosure of ex parte presentations 

according to CFPB guidelines. The CFPB expects that the primary means of 

communicating a person’s views in the course of a rulemaking will be through the 

submission of written comments to the rulemaking docket. Ex parte communications 

should supplement and not substitute for those submissions. 

(d) DISCLOSURE.—Except as provided in paragraph (e), the following 

disclosure requirements apply from the date of publication in the Federal Register (or on 

the CFPB’s website, whichever is earlier) of a notice of proposed rulemaking or interim 

final rule for public comment until the date of publication in the Federal Register of the 

final rule or final disposition of the notice of proposed rulemaking or interim final rule: 

(1) ORAL EX PARTE PRESENTATIONS.—A person who makes an oral 

ex parte presentation to decision-making personnel shall, not later than three 

business days after the presentation, file to the rulemaking docket for the 

proceeding and submit to the CFPB’s Executive Secretary and all CFPB 

employees to whom the presentation was made, a memorandum summarizing 

the presentation. Memoranda must contain a list of all persons attending or 

otherwise participating in the presentation, the date of the presentation, and a 

summary of data presented and arguments made during the presentation. If the 

oral ex parte presentation consisted in whole or in part of the presentation of 

data or arguments already reflected in the presenter’s prior written comments, 

memoranda or other filings in the proceeding, the presenter may provide 

citations to such data or arguments in his or her prior comments, memoranda, or 

other filings (specifying the relevant page and/or paragraph numbers where such 

data or arguments can be found) in lieu of summarizing them in the 

memorandum. If a summary of an oral ex parte presentation is incomplete or 

inaccurate, CFPB staff may require the filer to correct any inaccuracies or 

missing information. 

(2) WRITTEN EX PARTE PRESENTATIONS.—A person who makes a 

written ex parte presentation to decision-making personnel (including documents 

shown or given to decision-making personnel during oral ex parte presentations) 

shall, not later than three business days after the presentation, file to the 

rulemaking docket for the proceeding and submit to the CFPB’s Executive 

Secretary and all CFPB employees to whom the presentation was made a copy of 
the presentation. 

(3) SUBMISSION REQUIREMENTS.— 

(i) A written ex parte presentation and a memorandum 

summarizing an oral ex parte presentation (and cover letter, if any) shall 

identify the proceeding to which it relates, including the docket number, 

if any, and must be labeled as an ex parte presentation. 

(ii) All filings and submissions under paragraphs (d)(1) and (2) 

shall be performed electronically, by filing the required materials using 

www.regulations.gov and emailing the required materials to the 

Executive Secretary (at expartedisclosures@cfpb.gov) and all CFPB 

employees to whom the ex parte presentation was made. If electronic 

filing would present an undue hardship, the person filing must request 

an exemption from the electronic filing requirement, stating the nature 

of the hardship, and submit by mail or email to the Executive Secretary 

an original and one copy of the written ex parte presentation or 

memorandum summarizing an oral ex parte presentation, with a copy by 

mail or email to all CFPB employees to whom the ex parte presentation 

was made. (Mail may be sent to the Office of the Executive Secretary, 

Consumer Financial Protection Bureau, 1801 L Street, N.W., 

Washington, DC 20036.) 

(iii) In cases where a filer believes that one or more of the 

documents or portions thereof to be filed should be withheld from 

public inspection, the filer should file electronically a request that the 

information not be made available for public inspection. Simultaneously 

with any such request, the filer shall file with the Executive Secretary a 

paper copy of the document(s) containing the confidential information 

and marked prominently as “Confidential,” and also shall file 

electronically a copy of the same document(s) with the confidential 

information redacted and marked “Public Copy.” 

(iv) CFPB staff may in their discretion elect to prepare written 

summaries of oral ex parte presentations and place them in the record 

and also place any written ex parte presentations in the record in lieu of 

requiring the person who made the ex parte presentation to prepare 

such summaries. 

(e) EXEMPTIONS.— 
(1) The disclosure requirements in section (d) do not apply to ex parte 

presentations (i) to the General Counsel and his or her staff that concern judicial 

review of a matter that has been decided by the CFPB; (ii) by other Federal 

government agencies, offices, or their staff; or (iii) by members of Congress or 

their staff unless such presentations are of major significance, contain 

information or argument not already reflected in the rulemaking docket, and 

plainly intended to affect the ultimate outcome of the rulemaking. Federal 

government agencies and members of Congress are welcome to post written 

comments to the rulemaking docket.

(2) The CFPB may properly withhold from the rulemaking docket 

information exempt from disclosure under the Freedom of Information Act, 5 

U.S.C. § 552. 

 

(f) DISCRETION TO MODIFY.—Where the public interest so requires in 

particular rulemaking proceedings, the CFPB and its staff retain the discretion to modify 

the applicable ex parte rules or practices. 

(g) VIOLATIONS.—Persons who fail to adhere to this policy are subject to such 

sanctions as may be appropriate. Any person who becomes aware of a possible violation 

of any of the requirements of this policy may advise the Office of General Counsel of all 

the facts and circumstances that are known to him or her.