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CPSC Proposes to Update Rules for Adjudicative Proceedings

Thursday, April 14, 2016
Sandler, Travis & Rosenberg Trade Report

The Consumer Product Safety Commission is accepting comments through June 13 on a proposed rule that would update its rules of practice for adjudicative proceedings to increase the efficiency of discovery, minimize the potential for delay and, to the extent possible, ensure that these proceedings address and resolve crucial issues of consumer product safety in a fair and impartial manner. Specific proposed changes include the following.

- changes pertaining to discovery, electronic filing and the use of electronically stored information

- updated requirements for pleadings, motions, and motions for summary decisions

- clarifications on the computation of time and when amendments or supplemental pleadings require CPSC approval

- allowing a presiding officer to exercise discretion to avoid unnecessary delay or wasteful discovery and to partially or entirely consolidate cases for any purpose that serves the ends of justice

- setting deadlines for the issuance of an initial or recommended decision

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