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GAO-16-845R 1 (2016-08-08)

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G     A      O       U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-328328


August 8, 2016

The Honorable Richard Shelby
Chairman
The Honorable Sherrod Brown
Ranking Member
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Jeb Hensarling
Chairman
The Honorable Maxine Waters
Ranking Member
Committee on Financial Services
House of Representatives

Subject: Securities and Exchange Commission: Amendments to the Commission's Rules of
        Practice

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Securities and Exchange Commission (Commission) entitled Amendments
to the Commission's Rules of Practice (RIN: 3235-AL87). We received the rule on July 15,
2016. It was published in the Federal Register as a final rule on July 29, 2016. 81 Fed. Reg.
50,212.

This final rule amends the Commission's Rules of Practice-Rules 360, 233, 232, 222, and 250.
These changes concern, among other things, the timing of hearings in administrative
proceedings, depositions, summary disposition, and the contents of an answer. According to
the Commission, the amendments to Rule 360 concern the timing for the various stages of an
administrative proceeding, providing additional time for discovery. The amendments to Rule
233 permit a limited number of depositions, while the amendments to Rule 232 support this
change by providing standards governing motions to quash or modify deposition notices or
subpoenas. The amendments to Rule 222 concern requirements for a written report for expert
witnesses. The amendments to Rule 250 clarify how dispositive motions will operate with the
amendments to Rules 233 and 360 and provide the procedures and standards governing the
various types of dispositive motions. The final rule becomes effective 60 days after publication
in the Federal Register.

Enclosed is our assessment of the Commission's compliance with the procedural steps required
by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the
procedural steps taken indicates that the Commission complied with the applicable
requirements.


GAO-16-845R

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