[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: 17CFR148.28]

[Page 553-554]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 148_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COVERED 
ADJUDICATORY PROCEEDINGS BEFORE THE COMMISSION--Table of Contents
 
            Subpart C_Procedures for Considering Applications
 
Sec.  148.28  Appeal to the Commission.

    (a) Either the applicant or counsel for the Commission or for 
another relevant agency may appeal the initial decision on the fee 
application by complying with the requirements of this section. An 
appealing party shall serve

[[Page 554]]

upon opposing parties and shall file with the Proceedings Clerk a notice 
of appeal within fifteen (15) days after service of the initial 
decision. The notice need consist only of a brief statement indicating 
the filing party's intent to appeal the initial decision, and shall 
include the date upon which the initial decision was rendered, the name 
of the proceeding, and the docket number of the proceeding. The failure 
of a party timely to file and serve a notice of appeal in accordance 
with this paragraph, or to perfect the appeal in accordance with 
paragraph (b) of this section, shall constitute a voluntary waiver of 
any objection to the initial decision, and of all further administrative 
or judicial review under these rules and the Equal Access to Justice 
Act.
    (b) An appeal shall be perfected by the appealing party by timely 
filing with the Proceedings Clerk an appeal brief which meets the 
requirements of paragraphs (b) and (d) of this section. An original and 
one copy of the appeal brief shall be filed within thirty (30) days 
after filing of the notice of appeal. By motion of the appealing party, 
the Commission may, for good cause shown, extend the time for filing the 
appeal brief. If the appeal brief is not filed within the time 
prescribed in this subparagraph, the Commission may, upon its own motion 
or upon motion by a party, dismiss the appeal, in which event the 
initial decision shall become the final decision and order of the 
Commission, effective upon service of the order of dismissal.
    (c) The opposing party may, within thirty (30) days after service of 
the appeal brief, file an original and one copy of an answering brief, 
and serve one copy thereof, unless the time limit is extended by the 
Commission upon motion of the party and for good cause shown.
    (d) Parties filing an appeal brief or answering brief shall meet the 
requirements of Sec.  10.12 of this chapter as to form. The content of 
briefs shall satisfy the requirements of Sec.  10.102(d) of this 
chapter, except that any party, with leave of the Commission, may file 
an informal document in lieu of a brief. No brief shall exceed thirty-
five (35) pages in length without advance leave of the Commission.
    (e) On review, the Commission may, in its discretion, consider sua 
sponte any issues arising from the record and may base its determination 
thereon, or limit the issues to those presented in the statement of 
issues in the briefs, treating those issues not raised as waived.

[51 FR 18881, May 23, 1986]