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The DOL could propose a delay that would be subject to public comment, or the administration could issue an interim rule seeking delay based on "good cause."
Most anticipate two courses of action as most likely: the Department of Labor will propose to delay the rule, which would need to go through a public notice and comment period; or the Trump administration may issue an order delaying the fiduciary rule, and potentially other regulation, under an “interim rule,” which wouldn't require public comment. “I have heard there's a follow-up order coming,” Brian Gardner, managing director and Washington policy analyst at Keefe, Bruyette & Woods Inc., said of an interim rule that would follow the president's initial regulatory freeze. “It's not clear to me whether a follow-up order would include the DOL rule or not.”
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