Proposed Rule2024-23610
Improving Accreditation Process and Strengthening Legal Education Requirements for Accredited Agents and Attorneys
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2024
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is proposing to amend its regulations concerning accreditation of agents (also referred to as "claims agents") and attorneys authorized to assist claimants with the preparation presentation and prosecution of claims for VA benefits to strengthen initial and continuing legal education (CLE) requirements for accredited agents and attorneys and to improve the efficiency of VA's process of accrediting agents and attorneys and the administration of the accreditation program.
Full Text
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<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
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[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Proposed Rules]
[Pages 82546-82550]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23610]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 14
RIN 2900-AR94
Improving Accreditation Process and Strengthening Legal Education
Requirements for Accredited Agents and Attorneys
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend
its regulations concerning accreditation of agents (also referred to as
``claims agents'') and attorneys authorized to assist claimants with
the preparation presentation and prosecution of claims for VA benefits
to strengthen initial and continuing legal education (CLE) requirements
for accredited agents and attorneys and to improve the efficiency of
VA's process of accrediting agents and attorneys and the administration
of the accreditation program.
DATES: Comments must be received on or before December 10, 2024.
ADDRESSES: Comments must be submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>.
Except as provided below, comments received before the close of the
comment period will be available at <a href="http://www.regulations.gov">www.regulations.gov</a> for public
viewing, inspection, or copying, including any personally identifiable
or confidential business information that is included in a comment. We
post the comments received before the close of the comment period on
<a href="http://www.regulations.gov">www.regulations.gov</a> as soon as possible after they have been received.
VA will not post on <a href="http://Regulations.gov">Regulations.gov</a> public comments that make threats
to individuals or institutions or suggest that the commenter will take
actions to harm an individual. VA encourages individuals not to submit
duplicative comments; however, we will post comments from multiple
unique commenters even if the content is identical or nearly identical
to other comments. Any public comment received after the comment
period's closing date is considered late and will not be considered in
the final rulemaking. In accordance with the Providing Accountability
Through Transparency Act of 2023, a plain language summary (not more
than 100 words in length) of this proposed rule is available at
<a href="http://www.regulations.gov">www.regulations.gov</a>, under RIN 2900-AR94.
FOR FURTHER INFORMATION CONTACT: Jonathan Taylor, Office of the General
Counsel, (022D), Department of
[[Page 82547]]
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202)
461-7699. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: Under 38 U.S.C. chapter 59, the Secretary of
Veterans Affairs has authority to recognize attorneys, agents, and
Veterans Service Organization (VSO) representatives for the
preparation, presentation, and prosecution of benefit claims, regulate
fees charged by accredited attorneys and agents, and prescribe the
rules of conduct applicable while providing claims assistance. More
specifically, 38 U.S.C. 5904(a)(2) requires the Secretary of Veterans
Affairs to establish regulations governing the qualifications and
standards of conduct for agents and attorneys. Section 5904(a)(2) sets
forth minimum qualifications and standards to be included in VA
regulations, serving as a floor on top of which VA may prescribe
additional conditions, qualifications, and standards of conduct.
On May 22, 2008, following the enactment of the Veterans Benefits,
Health Care, and Information Technology Act of 2006 (Pub. L. 109-461),
VA published a final rule in the Federal Register (73 FR 29852) that
addressed accreditation of individuals, standards of conduct for all
individuals authorized to assist claimants before VA, and attorneys'
and agents' fees. That rule, in pertinent part, established the initial
accreditation requirements for attorneys and agents as well as the
ongoing CLE requirement in 38 CFR 14.629(b). Under the current
regulation, as part of their initial accreditation requirements,
attorneys must have a law degree, be a member in good standing of a
State bar, and during the first 12-month period following initial
accreditation, complete 3 hours of State-bar approved CLE training
covering Veterans benefits law and procedure. As part of their initial
accreditation requirements, agents must pass a written examination
administered by VA, which covers a wide range of topics covering the
applicant's knowledge of VA benefits and the VA claims adjudication
process, and complete the same CLE training as attorneys. Both agents
and attorneys must complete 3 hours of additional CLE training every 2
years.
This rulemaking would require applicants seeking accreditation as
an agent or attorney to complete 3 hours of qualifying CLE before they
become accredited and require accredited agents and attorneys to
annually complete 3 hours of qualifying CLE. The intended effect of
this proposed rule is to strengthen the current CLE requirements to
ensure that attorneys and agents representing claimants and appellants
for VA benefits are better qualified to provide such representation.
Since the 2008 final rule, VA's Office of the General Counsel (OGC)
has continued to develop and fine-tune the accreditation process and
the monitoring of accredited representatives. OGC's experience in
administering the accreditation program over the past 16 years has
highlighted the need to bolster the CLE requirements for accredited
agents and attorneys as well as ensure that these individuals have
already received CLE regarding Veterans law at the time of their
accreditation.
In its August 2013 report, ``VA Benefits: Improvements Needed to
Ensure Claimants Receive Appropriate Representation,'' GAO-13-643, the
Government Accountability Office (GAO) concluded, among other things,
that current VA regulations do not sufficiently ensure that accredited
representatives have adequate program knowledge to effectively assist
clients. GAO recommended that VA ``explore options and take steps to
strengthen initial and continuing knowledge requirements for
accreditation for all types of representatives.'' In response to and
following our own independent consideration of this recommendation, we
are proposing to require applicants for accreditation to take 3 hours
of CLE before applying for accreditation, and accredited attorneys and
agents to take an additional 3 hours of CLE annually. This proposed
rule would amend 38 CFR 14.629(b)(1)(iii) to require applicants for
accreditation to complete 3 hours of CLE within 6 months prior to
submitting their application and amend 38 CFR 14.629(b)(1)(iv) to
require that agents and attorneys complete an additional 3 hours of
qualifying CLE on Veterans benefits law and procedure not later than 1
year from the date of initial accreditation and every 1 year
thereafter.
In addition, the proposed rule will specifically require that the
initial CLE include instruction on the VA standards of conduct
contained in 38 CFR 14.632. Section 14.629(b)(1)(iii) provides that the
qualifying CLE attended taken during the first year after accreditation
``at a minimum, must cover the following topics: representation before
VA, claims procedures, basic eligibility for VA benefits, right to
appeal, disability compensation (38 U.S.C. Chapter 11), dependency and
indemnity compensation (38 U.S.C. Chapter 13), and pension (38 U.S.C.
Chapter 15).'' In revising this section, we propose to add a
parenthetical explanation that the topic representation before VA
includes the VA standards of conduct contained in 38 CFR 14.632. This
proposed revision is not a substantive change, but rather a change to
emphasize the importance of this topic for accredited individuals.
Based on our experience in administering the accreditation program,
we believe the proposed changes to Sec. 14.629(b)(1)(iii) and (iv)
would help ensure that claimants for VA benefits are represented by
qualified individuals.
The next proposed change would improve the administration of the
accreditation program. Current VA regulations already impose various
certification, notification, and self-reporting requirements on
accredited agents and attorneys, either on an annual basis or within 30
days of certain specific events. VA believes that requiring accredited
agents and attorneys to provide notice of changes in contact
information is necessary to efficiently administer the accreditation
program. Therefore, VA is proposing to add 38 CFR 14.629(b)(1)(v),
requiring that agents and attorneys notify the Office of the General
Counsel within 30 days, of any changes in contact information.
To improve the efficiency of VA's process of accrediting agents and
attorneys, VA is proposing to modify the information that it collects
during the application process to include email addresses for character
references. VA proposes to amend 38 CFR 14.629(b)(2)(viii) to add email
addresses as part of the information necessary for the applicant's
three character references. Additionally, VA proposes to eliminate
requiring the phone numbers for the applicant's three character
references.
Next, VA is proposing two changes to more accurately reflect the
accreditation process. First, VA is proposing to revise 38 CFR
14.629(b)(2)(v), the information that it collects about an applicant's
mental health, to match the information requested on the application
form and to clarify that this inquiry is focused on current conditions
and disabilities. Current section 14.629(b)(2)(v) requires
``[i]nformation concerning whether the applicant has ever been
determined mentally incompetent or hospitalized as a result of a mental
disease or disability, or is currently under treatment for a mental
disease or disability''; however, the information requested on the
application is whether the applicant has any condition or impairment
(such as substance abuse, alcohol abuse, or a
[[Page 82548]]
mental, emotional, nervous, or behavioral disorder or condition) that
in any way currently affects, or, if untreated or not otherwise
actively managed, could affect the applicant's ability to represent
claimants in a competent and professional manner. Second, VA proposes
to amend Sec. 14.629(b)(2)(ix), which refers to the claims agent
examination being administered by the District Chief Counsels in the
Office of the General Counsel. Because the examination is now
administered centrally, the proposed rule would simply refer to the
examination being ``administered under the supervision of the Office of
the General Counsel.''
To become an accredited agent, an applicant must demonstrate
character and fitness, and sufficient knowledge of VA benefits law.
Character and fitness is determined by VA after conducting an extensive
review, and knowledge is demonstrated by achieving a passing score on a
written examination administered by VA. Under current regulations, VA
must first make an affirmative determination of character and fitness
before applicants may sit for the examination. Inefficiencies arise
under the current process whenever VA conducts a character and fitness
review for an applicant who subsequently fails the examination. To
improve the efficiency of the accreditation process, we propose to
reverse the current order of events by administering the claims agent
examination prior to conducting the character and fitness review.
Reviewing character and fitness for only those applicants who have
first passed the claims agent examination will ensure a more efficient
allocation of VA time and resources.
This proposed sequence of events is similar to how most States
process applications to become a licensed attorney and is necessary
because under the current process, VA is experiencing difficulty
keeping pace with the rapidly growing pool of applicants seeking
accreditation as claims agents. Accordingly, we propose to amend 38 CFR
14.629(b)(6) to require that an applicant for accreditation as a claims
agent first pass the written examination before VA conducts its
character and fitness review, and, in conjunction, provide that no
applicant shall be allowed to sit for the examination more than twice
in any 1-year period and that the Office of the General Counsel may
offer the claims agent examination a minimum of twice per calendar
year.
Executive Orders 12866, 13563, and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is not a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act (5
U.S.C. 601-612). The factual basis for this certification is the fact
that the proposed rule would generally be small business neutral as it
applies only to applying for and maintaining accreditation to represent
claimants for VA benefits. At a minimum, this proposed rule would
affect the approximately 6,200 attorneys and 520 agents currently
accredited by VA. However, it would not have a significant economic
impact on these individuals because it would impose only a requirement
for accreditation of completing 3 hours of CLE before applying and an
additional 3 hours of CLE annually, the costs of which would not be
significant. VA estimates the cost to an individual attorney or agent
to be less than $300.00 on average. Therefore, pursuant to 5 U.S.C.
605(b), the initial and final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any 1 year. This proposed rule would have no such effect
on State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This proposed rule includes provisions constituting a revision to a
current/valid collection of information under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3521). The revision also requires approval
by the Office of Management and Budget (OMB). Accordingly, under 44
U.S.C. 3507(d), VA has submitted a copy of this rulemaking action to
OMB for review and approval.
Comments on the new collection of information contained in this
rulemaking should be submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>. Comments
should be sent within 60 days of publication of this rulemaking. The
collection of information associated with this rulemaking can be viewed
at: <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
OMB is required to make a decision concerning the collection of
information contained in this rulemaking between 30 and 60 days after
publication of this rulemaking in the Federal Register. Therefore, a
comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication. This does not affect the
deadline for the public to comment on the provisions of this
rulemaking.
The Department considers comments by the public on a new collection
of information in--
<bullet> Evaluating whether the new collection of information is
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
<bullet> Evaluating the accuracy of the Department's estimate of
the burden of the new collection of information, including the validity
of the methodology and assumptions used;
<bullet> Enhancing the quality, usefulness, and clarity of the
information to be collected; and
<bullet> Minimizing the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other
[[Page 82549]]
technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
The revised collection of information associated with this
rulemaking contained in 38 CFR 14.629 is described immediately
following this paragraph, under its respective title.
Title: Application for Accreditation as a Claims Agent or Attorney,
Filing of Representatives' Fee Agreements and Motions for Review of
Such Fee Agreements.
OMB Control No: 2900-0605.
CFR Provision: 38 CFR 14.629.
<bullet> Summary of collection of information:
(1) Applicants seeking accreditation as claims agents or attorneys
to represent benefits claimants before VA must file VA Form 21a with
OGC. The information requested in VA Form 21a includes basic
identifying information, as well as certain information concerning
training and experience, military service, and employment. Along with
the VA Form 21a, applicants for accreditation must also file a
certification that they have completed a CLE requirement. See 38 U.S.C.
5901; 38 CFR 14.629(b).
(2) If accredited agents and attorneys wish to maintain
accreditation, they must file recertifications with OGC that they have
completed CLE requirements and are in good standing with other courts,
bars, and Federal and State agencies. See 38 U.S.C. 5904(a)(2)-(3); 38
CFR 14.629(b).
(3) Accredited agents and attorneys must file with VA any agreement
for the payment of fees charged for representing claimants before VA.
38 U.S.C. 5904(c)(2); 38 CFR 14.636(g).
(4) Claimants, accredited agents, or accredited attorneys may
request an OGC determination on a reasonable fee allocation in a given
case. If they do, OGC will solicit (optional) responses from the other
parties in the case. 38 U.S.C. 5904(c)(3); 38 CFR 14.636(i).
<bullet> Description of need for information and proposed use of
information:
(1) The information in the VA Form 21a and the initial CLE
certification are used by OGC to determine the applicant's eligibility
for accreditation as a claims agent or attorney. More specifically, it
is used to evaluate qualifications, ensure against conflicts of
interest, and to establish that statutory and regulatory eligibility
requirements, e.g., good character and reputation, are met.
(2) The information in recertifications is used by OGC to monitor
whether accredited attorneys and agents continue to have appropriate
character and reputation and whether they remain fit to prepare,
present, and prosecute VA benefit claims.
(3) The information in a fee agreement is used by the Veterans
Benefits Administration (VBA) to associate the fee agreement with the
claimant's claims file, to potentially determine the attorney or
agent's fee eligibility, and to potentially process direct payment of a
fee from the claimant's past-due benefits. It is used by OGC to monitor
whether the agreement is in compliance with laws governing paid
representation, and to potentially review fee reasonableness.
(4) The information in a request for OGC fee review, or a response
to such request, is used by OGC to determine the agents' or attorneys'
contribution to and responsibility for the ultimate outcome of the
claimant's claim, so that a determination on reasonable fees can be
rendered.
<bullet> Description of likely respondents: Claimants, Attorneys,
Agents.
<bullet> Estimated number of respondents: 34,695.
(1) For VA Form 21a applications, 2,280.
(2) For recertifications, 4,860.
(3) For fee agreements, 27,250 (750 first time filers and 26,500
repeat filers).
(4) For requests for OGC fee review, 305.
Total estimated number of respondents (2,280, 4,860, 27,250, 305 =
34,695).
<bullet> Estimated frequency of responses: One time.
<bullet> Estimated Completion Time: Varies as specified below
(1) For VA Form 21a applications, 45 minutes.
(2) For recertifications, 10 minutes.
(3) For fee agreements, 1 hour for first time filers and 10 minutes
for repeat filers.
(4) For requests for OGC fee review, 2 hours.
<bullet> Total Annual Burden Hours: 8,297 hours.
(1) For VA Form 21a applications, 1,710 hours.
(2) For recertifications, 810 hours.
(3) For fee agreements, 5,167 hours (750 hours for first time
filers and 4,417 hours for repeat filers).
(4) For requests for OGC fee review, 610 hours.
Total estimated annual burden (1,710 hours, 810, hours, 5,167
hours, 610 hours = 8,297 hours).
<bullet> Estimated cost to respondents per year: $633,349.
(1) For VA Form 21a applications, $79,845 ($41,360 + $22,666 +
$15,819).
------------------------------------------------------------------------
------------------------------------------------------------------------
650 initial responses by $84.84 x 487.5 hours $41,360.00
attorneys. (650 x 45 minutes/
response).
960 initial responses by non- $31.48 x 720 hours (960 22,666.00
attorneys. x 45 minutes/response).
670 follow-up responses by non- $31.48 x 502.5 hours 15,819.00
attorneys. (670 x 45 minutes/
response).
------------------------------------------------------------------------
(2) For recertifications, $68,720 (810 hours x $84.84).
(3) For fee agreements, $438,368 (5,167 hours x $84.84).
(4) For requests for OGC fee review, $46,416 ($43,268 + $3,148).
------------------------------------------------------------------------
------------------------------------------------------------------------
255 responses by non-claimants. $84.84 x 510 hours (255 $43,268.00
x 120 minutes/
response).
50 responses by claimants...... $31.48 x 100 hours (50 3,148.00
x 120 minutes/
response).
------------------------------------------------------------------------
Total estimated cost to respondents per year: ($79,845, $68,720,
$438,368, $46,416 = $633,349).
* To estimate the total information collection burden cost, VA used
the May 2023 Bureau of Labor Statistics (BLS) average hourly wage codes
of 23-1011: Lawyers ($84.84) and 00-0000: All Occupations ($31.48) to
derive Paperwork Reduction Act estimates. This information is available
at <a href="https://www.bls.gov/oes/current/oes_nat.htm">https://www.bls.gov/oes/current/oes_nat.htm</a>. Please note numbers are
subject to rounding for VA estimates.
List of Subjects in 38 CFR Part 14
Administrative practice and procedure, Claims, Courts, Foreign
relations, Government employees, Lawyers, Legal services, Organization
and functions (Government agencies), Reporting and recordkeeping
requirements, Surety bonds, Trusts and trustees, Veterans.
[[Page 82550]]
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on October 2, 2024, and authorized the undersigned to
sign and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part 14 as follows:
PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS
0
1. The authority citation for part 14 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a),
512, 515, 5502, 5901-5905; 28 CFR part 14, appendix to part 14,
unless otherwise noted.
0
2. Amend Sec. 14.629 by:
0
a. Revising paragraphs (b)(1)(i) through (iv).
0
b. Adding paragraph (b)(1)(v).
0
c. Revising paragraphs (b)(2)(v), (viii), and (ix) and (b)(6).
The revisions and addition read as follows:
Sec. 14.629 Requirements for accreditation of service organization
representatives; agents; and attorneys.
* * * * *
(b) * * *
(1) * * *
(i) For agents, the initial accreditation process consists of
application to the Office of the General Counsel, self-certification of
admission information concerning practice before any other court, bar,
or State or Federal agency, self-certification of completion of the
continuing legal education (CLE) requirement of paragraph (b)(1)(iii)
of this section, an affirmative determination of character and fitness
by VA, and a written examination.
(ii) For attorneys, the initial accreditation process consists of
application to the Office of the General Counsel, self-certification of
admission information concerning practice before any other court, bar,
or State or Federal agency, self-certification of completion of the CLE
requirement of paragraph (b)(1)(iii) of this section, and a
determination of character and fitness. The Office of the General
Counsel will presume an attorney's character and fitness to practice
before VA based on State bar membership in good standing unless the
Office of the General Counsel receives credible information to the
contrary.
(iii) As a condition of initial accreditation, both agents and
attorneys are required to complete 3 hours of qualifying CLE during the
6-month period preceding their application for accreditation. To
qualify under this paragraph (b)(1)(iii), a CLE course must be approved
for a minimum of 3 hours of CLE credit by any State bar association
and, at a minimum, must cover the following topics: representation
before VA (including VA's standards of conduct contained in Sec.
14.632), claims procedures, basic eligibility for VA benefits, right to
appeal, disability compensation (38 U.S.C. chapter 11), dependency and
indemnity compensation (38 U.S.C. chapter 13), and pension (38 U.S.C.
chapter 15). Upon completion of the initial CLE requirement, agents and
attorneys shall certify to the Office of the General Counsel in writing
that they have completed qualifying CLE. Such certification shall
include the title of the CLE, date and time of the CLE, and
identification of the CLE provider, and shall be submitted to VA as
part of the initial application.
(iv) To maintain accreditation, agents and attorneys are required
to complete an additional 3 hours of qualifying CLE on veterans
benefits law and procedure not later than 1 year from the date of
initial accreditation and every 1 year thereafter. To qualify under
this paragraph (b)(1)(iv), a CLE course must be approved for a minimum
of 3 hours of CLE credit by any State bar association. Upon completion
of the post-accreditation CLE requirement, agents and attorneys shall
certify to the Office of the General Counsel in writing that they have
completed qualifying CLE. Such certification shall include the title of
the CLE, date and time of the CLE, and identification of the CLE
provider, and shall be submitted to VA as part of the annual
certification prescribed by paragraph (b)(4) of this section.
(v) As a further condition of initial and continued accreditation,
agents and attorneys are required to notify the Office of the General
Counsel within 30 days of any changes in contact information.
(2) * * *
(v) Information concerning whether the applicant has any condition
or impairment (such as substance abuse, alcohol abuse, or a mental,
emotional, nervous, or behavioral disorder or condition) that in any
way currently affects, or, if untreated or not otherwise actively
managed, could affect the applicant's ability to represent claimants in
a competent and professional manner;
* * * * *
(viii) The names, addresses, and email addresses of three character
references;
(ix) Information relevant to whether the applicant for
accreditation as an agent has any physical limitations that would
interfere with the completion of a comprehensive written examination
administered under the supervision of the Office of the General Counsel
(agents only); and
* * * * *
(6) Applicants for accreditation as a claims agent must achieve a
score of 75 percent or more on a written examination administered by
the Office of the General Counsel as a prerequisite to accreditation.
No applicant shall be allowed to sit for the examination more than two
times in any 1-year period. The Office of the General Counsel may offer
the examination a minimum of twice per calendar year. An applicant must
achieve a passing score on the examination before the Office of the
General Counsel will begin reviewing the applicant's character and
fitness for practice before the Department.
* * * * *
[FR Doc. 2024-23610 Filed 10-10-24; 8:45 am]
BILLING CODE 8320-01-P
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