A Sept. 9 Bloomberg Law article titled “Proposed Rules’ Quick Turnaround Could Open DOL to Challenges” discusses how short comment periods for three major Labor Department regulations may pose challenges in the retirement and benefits industry. Insights from ERISA partner Josh Lichtenstein are included in the piece.
The DOL will find itself in hot water if it continues with this rushed pace, said Josh in the article. DOL officials will struggle to prove in court that the agency underwent a full, deliberative process under the Administrative Procedure Act, the law that governs agency rulemaking, he said.
“It’s less about the pure duration of the comment period, and more about the ability to demonstrate the full deliberative and iterative process they would need to go through for the APA,” he said.
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