Request
for Determination A request for a determination
that a state law is inconsistent or that a state law is substantially
the same as the Act and regulation shall be in writing and addressed
to the Executive Secretary, Bureau of Consumer Financial Protection,
1700 G Street NW, Washington, DC 20552. The request shall be made
pursuant to the procedures herein.
Supporting Documents A request for a determination shall include the following
items:
(1) The text of the state
statute, regulation, or other document that is the subject of the
request.
(2) Any other
statute, regulation, or judicial or administrative opinion that implements,
interprets, or applies the relevant provision.
(3) A comparison of the state law with
the corresponding provision of the Federal law, including a full discussion
of the basis for the requesting party’s belief that the state provision
is either inconsistent or substantially the same.
(4) Any other information that the requesting
party believes may assist the Bureau in its determination.
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Public Notice of Determination Notice that the Bureau intends to make a determination
(either on request or on its own motion) will be published in the Federal Register, with an opportunity for public comment, unless
the Bureau finds that notice and opportunity for comment would be
impracticable, unnecessary, or contrary to the public interest and
publishes its reasons for such decision.
Subject to the Bureau’s rules on Disclosure of Records
and Information (12 CFR Part 1070), all requests made, including any
documents and other material submitted in support of the requests,
will be made available for public inspection and copying.
Notice After Determination Notice of a final determination will be published
in the Federal Register, and the Bureau will furnish a copy
of such notice to the party who made the request and to the appropriate
state official.
Reversal of
Determination The Bureau reserves the
right to reverse a determination for any reason bearing on the coverage
or effect of state or Federal law. Notice of reversal of a determination
will be published in the Federal Register and a copy furnished
to the appropriate state official.
