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OSHA 1985.100

Purpose and scope

Subpart A

15 Questions & Answers

Questions & Answers

Under 1985.100(a), what is the purpose of Part 1985?

Under 1985.100(a), the purpose of Part 1985 is to set forth procedures for, and interpretations of, the employee protection provision of the Consumer Financial Protection Act of 2010 (CFPA).

  • This means the part explains how retaliation protections under CFPA (Section 1057 of Dodd-Frank, codified at 12 U.S.C. 5567) will be handled procedurally by the Department.

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Under 1985.100(a), who is protected by the CFPA employee protection provision covered in this part?

Under 1985.100(a), employees are protected from retaliation for engaging in protected activity pertaining to the offering or provision of consumer financial products or services.

  • The text identifies employees as the protected class; it ties protection specifically to activities related to consumer financial products or services.

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Under 1985.100(a), what does the phrase 'protected activity pertaining to the offering or provision of consumer financial products or services' mean for coverage?

Under 1985.100(a), protected activity is activity that pertains to the offering or provision of consumer financial products or services; employees who engage in such activity are protected from retaliation.

  • The part states the scope (consumer financial products or services) but does not attempt to list every specific type of activity; question-specific details and examples are handled in other provisions and interpretations.

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Under 1985.100(b), who may file a retaliation complaint under this part?

Under 1985.100(b), retaliation complaints may be filed by employees or by persons acting on their behalf.

  • "Persons acting on their behalf" can include representatives or advocates submitting complaints for an employee; the rule explicitly permits filing by third parties as well as the employee.

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Under 1985.100(b), what procedural steps does this part establish for handling CFPA retaliation complaints?

Under 1985.100(b), this part establishes procedures for the submission of complaints, investigations, issuance of findings and preliminary orders, objections to findings and orders, litigation before administrative law judges (ALJs), post-hearing administrative review, and withdrawals and settlements.

  • These steps outline the full complaint lifecycle from filing through possible hearing and administrative review.

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Under 1985.100(b), which other rules are used together with Part 1985 procedures?

Under 1985.100(b), the rules in Part 1985 are used together with those codified at 29 CFR part 18 to set forth the full procedures under CFPA.

  • This means certain procedural details (for example, hearing practice before ALJs) are governed by 29 CFR part 18 in conjunction with Part 1985.

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Under 1985.100(b), does Part 1985 include the Secretary's interpretations of statutory issues?

Under 1985.100(b), yes—this part provides the Secretary's interpretations on certain statutory issues.

  • Those interpretations are intended to clarify how the Department will apply CFPA protections and procedural rules in specific situations.

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Under 1985.100(a), what statute and section create the employee protection this part implements?

Under 1985.100(a), the employee protection is provided by the Consumer Financial Protection Act of 2010 (CFPA), specifically Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (codified at 12 U.S.C. 5567).

  • The regulation implements the CFPA's anti-retaliation protections and sets forth how complaints will be handled.

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Under 1985.100(a), does Part 1985 limit protections to particular types of employees (e.g., only federal employees)?

Under 1985.100(a), the text states protection applies to "employees" who engage in protected activity related to consumer financial products or services; it does not in this provision limit coverage to a particular employment class such as federal employees.

  • For specific questions about whether a particular worker is an "employee" for CFPA purposes, other sections and legal interpretations would provide greater detail.

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Under 1985.100(b), what does 'expeditious handling' of complaints mean in this part?

Under 1985.100(b), "expeditious handling" means Part 1985 sets up procedures to quickly process retaliation complaints filed by employees or their representatives, including steps for filing, investigation, findings, preliminary orders, objections, hearings before ALJs, and post-hearing review.

  • The phrase signals that the Part is designed to move complaints through those listed stages without undue delay; the specific timelines are detailed in the applicable procedural provisions and rules.

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Under 1985.100(b), are withdrawals and settlements part of the complaint process?

Under 1985.100(b), yes—withdrawals and settlements are specifically listed as part of the procedural options in the handling of CFPA retaliation complaints.

  • This confirms that complaints can be resolved by settlement or withdrawn according to the procedures set forth in this part.

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Under 1985.100(b), how are preliminary orders treated in the process set out by this part?

Under 1985.100(b), issuance of findings and preliminary orders is a formal step in the process; those findings and orders are subject to objections and can lead to litigation before an administrative law judge (ALJ).

  • In short, preliminary orders are part of the administrative record and can be contested through the objections and hearing procedures described in the part.

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Under 1985, what is the Subpart A title that describes the subject matter of these rules?

Under 1985, Subpart A is titled "Complaints, Investigations, Findings and Preliminary Orders."

  • This subpart title summarizes the main procedural focus of the part: handling complaints and related investigative and adjudicative actions.

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Under 1985.100(b), what stages of adjudication are included after issuance of findings and preliminary orders?

Under 1985.100(b), after issuance of findings and preliminary orders the part provides for objections to those findings and orders, litigation before administrative law judges (ALJs), and post-hearing administrative review.

  • This sequence means affected parties have a path to contest findings through formal hearings and administrative review.

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Under 1985.100(a) and (b), where can I find the official regulatory text implementing CFPA procedures?

Under 1985.100(a) and 1985.100(b), the official regulatory text implementing CFPA procedures is contained in Part 1985 of the Code of Federal Regulations, which lays out the purpose, scope, and the procedural framework for filing, investigating, and adjudicating retaliation complaints.

  • For the full part index and related provisions consult Part 1985.

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