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Republican-appointee Commissioners Roisman and Peirce issued a statement on February 12 publicly disagreeing with Acting Chair Lee’s recent fiat discontinuing the Enforcement Division’s practice of proposing settlements that are contingent upon the Commission’s approval of waivers for collateral disqualifications arising from the settlement.
The Commission’s actions on enforcement settlements and waiver requests were separate processes until 2019, when the Commission changed its policy to allow them to be considered together. That made sense, because they arise from the same conduct, both often are integral to a Respondent’s settlement calculus, and streamlined Commission actions. But Acting Chair Lee reversed that position, returning to the prior (arguably more clumsy and uncertain) policy. I covered that announcement