GAO Report Finds CFPB Meets Requirements for Conducting SBREFA Panels; Panelists Say There's Room for Improvement

CFPB GAO Small Business Regulatory Enforcement Fairness Act Agency Rule-Making & Guidance

On August 10, the GAO released a report titled “Consumer Financial Protection Bureau: Observations from Small Business Review Panels.” The report summarizes the findings from the GAO’s review of the four Small Business Regulatory Enforcement Fairness Act (SBREFA) panels that resulted in final rulemakings as of April 2016. Specifically, GAO conducted a performance audit from October 2015 through August 2016 to examine the “extent to which CFPB solicited, considered, and incorporated small entity inputs into its rulemakings.” GAO interviewed 57 of the 69 small entity representatives who participated in the SBREFA panels. Although the report concludes that the CFPB completed the statutory requirements for conducting SBREFA panels, it also identifies certain areas where panelists voiced needs for improvement. While panelists voiced a panoply of concerns, including concerns that they did not have adequate time to prepare responses to CFPB information requests, a majority of representatives felt like their views were at least partially considered in the rulemaking process. However, according to the report, only seven of the 57 expressed satisfaction with the CFPB’s final rules.