[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR10.92]

[Page 253-254]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 10_RULES OF PRACTICE--Table of Contents
 
               Subpart G_Disposition Without Full Hearing
 
Sec.  10.92  Shortened procedure.

    (a) How initiated. With the consent of the parties, in lieu of a 
full oral hearing, the Administrative Law Judge may order a shortened 
procedure as to the submission of direct evidence may be ordered in a 
proceeding. An order for shortened procedure shall list the names and 
addresses of all persons who are parties to the proceeding and shall 
direct compliance with the procedures established in this section. The 
order shall be served by the Proceedings Clerk upon all parties.
    (b) Filing of Statements--(1) Opening statement. Within 20 days 
after receipt of notice that the shortened procedure will be used, the 
Division of Enforcement shall serve upon all other parties and file with 
the Proceedings Clerk, in triplicate, an opening statement, in support 
of the complaint;
    (2) Answering statement. Within 20 days after receipt of the opening 
statement of the Division, each respondent may serve upon all other 
parties and file with the Proceedings Clerk, in triplicate, in support 
of his answer, an answering statement.
    (3) Statement in reply. Within ten days after receipt of all 
answering statements, or within ten days after the expiration of the 
period within which answering statements may be served, the Division of 
Enforcement may serve upon all other parties and file with the 
Proceedings Clerk, in triplicate, a statement in reply, which shall be 
confined strictly to replying to the facts

[[Page 254]]

and arguments set forth in the answering statements.
    (c) Joint statements. Parties having a common interest may serve and 
file joint statements.
    (d) Failure to file statement. Any party who, without the express 
permission of the Administrative Law Judge, should fail to file a 
statement within the time prescribed by this section after service upon 
him of an order for shortened procedures shall be in default and shall 
be deemed to have waived any further hearing.
    (e) Content of statements. As used in this section, the term 
``statement'' includes
    (1) Statements of fact signed and sworn to by persons having 
knowledge of those facts;
    (2) Documents filed as part of the proof of the alleged facts (which 
shall be duly authenticated under oath or otherwise in a manner that 
would render them admissible in evidence at an oral hearing under the 
rules in this part); and
    (3) Briefs containing argument to sustain the contentions of the 
party submitting the statement.
    (f) Verification. The facts asserted in any statement filed under 
shortened procedure must be sworn to by persons having knowledge thereof 
and, except under unusual circumstances, the persons should be those who 
would appear as witnesses to substantiate the facts asserted should a 
full oral hearing become necessary.
    (g) Hearings--(1) Request for cross-examination or other hearings. 
If cross-examination is desired of any witness whose affidavit or other 
verified statement has been submitted, the name of the witness and the 
subject matter of the desired cross-examination shall be stated at the 
end of the answering statement or statement in reply as the case may be. 
Oral hearings under other circumstances may also be requested but will 
be granted only under exceptional circumstances. Any request filed under 
this subparagraph shall include a justification of the need for oral 
hearing.
    (2) Hearings issues limited. The order setting the proceeding for 
oral hearing, if hearing is found necessary, will specify the matters 
upon which the parties are not in agreement and concerning which oral 
evidence is to be introduced. Unless material facts are in dispute, oral 
hearing will not be held.
    (h) Subsequent procedure. Post-hearing procedures shall be the same 
as those in proceedings in which the shortened procedures have not been 
followed.

[41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995; 64 
FR 30903, June 9, 1999]