The Consumer Financial Protection Bureau (CFPB) is seeking comment on an interim final rule that provides for the enforcement of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs or activities conducted by the CFPB. The interim final rule establishes procedures for the bureau that are necessary to implement Section 504. The agency said the rule is an adaptation of a model rule prepared by the Department of Justice in 1980.
The rule sets forth standards for what constitutes discrimination on the basis of mental or physical disability, provides a definition for “individual with a disability” and “qualified individual with a disability,” and establishes a complaint mechanism for resolving allegations of discrimination. The rule further clarifies that the complaint mechanism is available for processing complaints that the agency has failed to meet accessibility standards for electronic and information technology, in violation of Section 508.
The agency said it has taken steps to comply with Section 508’s requirements since its inception.
“The Bureau’s public website has been developed to meet accessibility standards and to comport with Section 508,” the agency noted. “Failure to establish such procedures promptly risks impairing the ability of individuals with disabilities to access bureau facilities, communications, programs and activities, and to participate in the public outreach that the bureau encourages.”
The bureau said notice and public comment are unnecessary for these regulations and delay will be contrary to the public interest. For the same reasons, the agency determined that the interim rule should be issued without a delayed effective date.
“Notwithstanding these conclusions, the bureau invites public comment on this interim final rule,” the agency wrote in its rule release. “The bureau invites public comment on all aspects of this interim final rule and will take those comments into account before publishing a final rule.”
The interim final rule went into effect Aug. 6. Written comments must be submitted by Oct. 5.