Department of Labor Employee Benefits Security Administration Deputy Assistant Secretary Tim Hauser charged Tuesday some industry claims of ambiguities in the agency’s proposed fiduciary rule are talking points being used to defeat it.

At the same time, he said, some of the uncertainties and confusion in the proposal needs to be clarified.

On the second day of hearings on the rule, Hauser took exception to industry contentions that advice should be subjected to a best-interest standard for investors while sales shouldn’t.

During the session, he tore into Voya Financial’s stance on the guidelines.

Hauser charged there are no rights in Voya’s proposed customer bill of rights, a one-page summary of basic disclosures and potential conflicts of interest to replace the agency’s suggested lengthier “best-interest contract” that would give clients details of potential conflicts.

He also criticized the Voya proposed agreement for presenting no specific disclosures.

When the EBSA official claimed Voya was against a best-interest standard for plan advisors, company CEO Charles Nelson responded “not completely.”

Nelson added there are no specific disclosures in the bill of rights because flexibility is needed.

Challenging financial company claims that the rule would dramatically increase lawsuits against them, Hauser said if an investor filed a DOL fiduciary rule claim against a broker-dealer, it probably would be heard in Financial Industry Regulatory Authority Arbitration rather than court.

Toward the end of the day, Hauser, who is the moderator for the sessions, showed his weariness after two days of four days of hearings.

He let out a sigh of relief and mistakenly referred to a witness from Dodd-Frank advocacy group Better Markets as Better Markets President and CEO Dennis Kelleher.