[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: 17CFR148.3]

[Page 548-549]
 
              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 A_General Provisions
 
Sec.  148.3  Proceedings covered.

    (a) The Act applies to adjudicatory proceedings conducted by the 
Commission. These are adjudications under 5 U.S.C. 554 in which the 
position of the Commission or any other agency of the United States, or 
any component of an agency, is presented by an attorney or other 
representative who enters an appearance and participates in the 
proceeding. Reparation proceedings under section 14 of the Commodity 
Exchange Act, 7 U.S.C. 18, Commission review of exchange disciplinary 
and access denial actions under section 8c of the Commodity Exchange 
Act, 7 U.S.C. 12c, and registered futures association disciplinary and 
membership denial actions under section 17 of the Commodity Exchange 
Act, 7 U.S.C. 21, are not covered by the Act. Proceedings brought to 
determine whether or not to grant or

[[Page 549]]

renew registrations pursuant to sections 8a or 17(o), of the Commodity 
Exchange Act, 7 U.S.C. 8, 12a and 21(o), or contract market designations 
pursuant to section 6(a) of the Commodity Exchange Act, 7 U.S.C. 8 (a), 
are excluded, but proceedings brought to suspend or revoke registrations 
or contract market designations are covered if they are otherwise 
adjudicatory proceedings. For the Commission, the types of proceedings 
generally covered are adjudicatory proceedings as defined in Sec.  
10.2(b) of this chapter; part 14 proceedings, if they involve a hearing, 
are also covered.
    (b) The Commission's decision not to identify a type of proceeding 
as an adversary adjudication shall not preclude the filing of an 
application by a party who believes the proceeding is covered by the 
Act; whether the proceeding is covered will then be an issue for 
resolution in the proceedings on the application.
    (c) If a proceeding includes both matters covered by the Act and 
matters specifically excluded from coverage, any award made will include 
only fees and expenses related to covered issues.

[46 FR 57671, Nov. 25, 1981, as amended at 51 FR 18880, May 23, 1986; 59 
FR 5528, Feb. 7, 1994]