Improving Accreditation Process and Strengthening Legal Education Requirements for Accredited Agents and Attorneys, 82546-82550 [2024-23610]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[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 [www.gpo.gov]
[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 www.regulations.gov. 
Except as provided below, comments received before the close of the 
comment period will be available at www.regulations.gov 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 
www.regulations.gov as soon as possible after they have been received. 
VA will not post on Regulations.gov 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 
www.regulations.gov, 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 www.regulations.gov.

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 www.regulations.gov. Comments 
should be sent within 60 days of publication of this rulemaking. The 
collection of information associated with this rulemaking can be viewed 
at: www.reginfo.gov/public/do/PRAMain.
    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--
     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;
     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;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     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.
     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).
     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.
     Description of likely respondents: Claimants, Attorneys, 
Agents.
     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).
     Estimated frequency of responses: One time.
     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.
     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).
     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 https://www.bls.gov/oes/current/oes_nat.htm. 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