e-CFR data is current as of June 24, 2021
TITLE 17—Commodity and Securities Exchanges
CHAPTER II—SECURITIES AND EXCHANGE COMMISSION PART 201—RULES OF PRACTICE
Subpart A—[RESERVED]
Subpart B—REGULATIONS PERTAINING TO THE EQUAL ACCESS TO JUSTICE ACT
|
| Eligibility of applicants. |
|
|
| Allowable fees and expenses. |
|
|
| Delegations of authority. |
|
|
| Documentation of fees and expenses. |
|
|
| When an application may be filed. |
|
|
| Filing and service of documents. |
|
Subpart C—[RESERVED]
Subpart D—RULES OF PRACTICE
General Rules
|
| Scope of the rules of practice. |
|
|
| Appearance and practice before the Commission. |
|
|
| Hearing officer: Authority. |
|
|
| Hearing officer: Disqualification and withdrawal. |
|
|
| Commission orders and decisions: Signature and availability. |
|
|
| Orders and decisions: Service of orders instituting proceedings and other orders and decisions. |
|
|
| Service of papers by parties. |
|
|
| Filing of papers with the Commission: Procedure. |
|
|
| Filing of papers: Signature requirement and effect. |
|
|
| Default; motion to set aside default. |
|
|
| Extensions of time, postponements and adjournments. |
|
|
| Confidential treatment of information in certain filings. |
|
|
| Adjudications not required to be determined on the record after notice and opportunity for hearing. |
|
|
| Rulemaking: Issuance, amendment and repeal of rules of general application. |
|
|
| Applications by barred individuals for consent to associate. |
|
|
| Applications by security-based swap dealers or major security-based swap participants for statutorily disqualified associated persons to effect or be involved in effecting security-based swaps. |
|
Initiation of Proceedings and Prehearing Rules
|
| Initiation of proceedings. |
|
|
| Consolidation and severance of proceedings. |
|
|
| Specification of procedures by parties in certain proceedings. |
|
|
| Parties, limited participants and amici curiae. |
|
|
| Prehearing submissions and disclosures. |
|
|
| Enforcement and disciplinary proceedings: Availability of documents for inspection and copying. |
|
|
| Enforcement and disciplinary proceedings: Production of witness statements. |
|
|
| Depositions upon oral examination. |
|
|
| Depositions upon written questions. |
|
|
| Introducing prior sworn statements or declarations. |
|
Rules Regarding Hearings
|
| Failure to appear at hearings: Default. |
|
|
| Evidence: Objections and offers of proof. |
|
|
| Evidence: Confidential information, protective orders. |
|
|
| Evidence: Official notice. |
|
|
| Evidence: Presentation under oath or affirmation. |
|
|
| Evidence: Presentation, rebuttal and cross-examination. |
|
|
| Proposed findings, conclusions and supporting briefs. |
|
|
| Record in proceedings before hearing officer; retention of documents; copies. |
|
|
| Transmittal of documents to Secretary; record index; electronic copy of exhibits; certification. |
|
|
| Initial decision of hearing officer and timing of hearing. |
|
Appeal to the Commission and Commission Review
|
| Appeal of initial decisions by hearing officers. |
|
|
| Commission consideration of initial decisions by hearing officers. |
|
|
| Appeal of determinations by self-regulatory organizations. |
|
|
| Commission consideration of determinations by self-regulatory organizations. |
|
|
| Appeal of actions made pursuant to delegated authority. |
|
|
| Commission consideration of actions made pursuant to delegated authority. |
|
|
| Appeal of determinations by the Public Company Accounting Oversight Board. |
|
|
| Commission consideration of Board determinations. |
|
|
| Briefs filed with the Commission. |
|
|
| Oral argument before the Commission. |
|
|
| Record before the Commission. |
|
|
| Receipt of petitions for judicial review pursuant to 28 U.S.C. 2112(a)(1). |
|
Rules Relating to Temporary Orders and Suspensions
|
| Expedited consideration of proceedings. |
|
|
| Temporary cease-and-desist orders: Application process. |
|
|
| Temporary cease-and-desist orders: Notice; procedures for hearing. |
|
|
| Temporary cease-and-desist orders: Issuance after notice and opportunity for hearing. |
|
|
| Temporary cease-and-desist orders: Issuance without prior notice and opportunity for hearing. |
|
|
| Temporary cease-and-desist orders: Judicial review; duration. |
|
|
| Suspension of registration of brokers, dealers, or other Exchange Act-registered entities: Application. |
|
|
| Suspension of registration of brokers, dealers, or other Exchange Act-registered entities: Notice and opportunity for hearing on application. |
|
|
| Suspension of registration of brokers, dealers, or other Exchange Act-registered entities: Issuance and review of order. |
|
|
| Suspension of registrations: Duration. |
|
|
| Initial decision on permanent order: Timing for submitting proposed findings and preparation of decision. |
|
|
| Initial decision on permanent order: Effect on temporary order. |
|
|
| Appeal and Commission review of initial decision making a temporary order permanent. |
|
|
| Summary suspensions pursuant to Exchange Act Section 12(k)(1)(A). |
|
Rules Regarding Disgorgement and Penalty Payments
|
| Interest on sums disgorged. |
|
|
| Prompt payment of disgorgement, interest and penalties. |
|
|
| Inability to pay disgorgement, interest or penalties. |
|
|
| Initiation of proceedings for SRO proposed rule changes and for proposed NMS plans and plan amendments. |
|
Informal Procedures and Supplementary Information Concerning Adjudicatory Proceedings
|
| Informal procedures and supplementary information concerning adjudicatory proceedings. |
|
Subpart E—ADJUSTMENT OF CIVIL MONETARY PENALTIES
|
| Adjustment of civil monetary penalties. |
|
Subpart F—FAIR FUND AND DISGORGEMENT PLANS
|
| Submission of plan of distribution; contents of plan. |
|
|
| Notice of proposed plan and opportunity for comment by non-parties. |
|
|
| Order approving, modifying, or disapproving proposed plan. |
|
|