[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: 17CFR9.2]

[Page 220-221]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 9_RULES RELATING TO REVIEW OF EXCHANGE DISCIPLINARY, ACCESS DENIAL 
OR OTHER ADVERSE ACTIONS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  9.2  Definitions.

    For purposes of this part:
    (a) Access denial action means any proceeding other than a 
disciplinary action by an exchange that denies or limits the privileges 
of membership, but excludes any exchange action that solely limits the 
ability of a member of an exchange to participate in the internal 
corporate affairs of the exchange.
    (b) Disciplinary action means any suspension, expulsion or other 
penalty (as defined in Sec.  8.03(i) of this chapter) imposed on a 
member of an exchange by that exchange for violations of rules of the 
exchange, including summary actions.
    (c) Exchange means any board of trade which has been designated as a 
contract market.
    (d) Exchange proceeding means any formal or informal proceeding by 
an exchange which results in a disciplinary action, access denial action 
or other adverse action.
    (e) Mail means properly addressed and postpaid first class mail, and 
includes overnight delivery service.
    (f) Member of an exchange means any person who is admitted to 
membership or has been granted membership privileges on an exchange, any 
employee, officer, partner, director or affiliate of such member or 
person with membership privileges including any associated person, and 
any other person under the supervision or control of such member or 
person with membership privileges.
    (g) Other adverse action and adverse action include any exchange 
action, other than an access denial action or disciplinary action, that 
adversely affects any person, whether or not a member of the exchange, 
but exclude any exchange action that solely involves the internal 
corporate affairs of the exchange.
    (h) Party includes the person filing a notice of appeal or petition 
for stay who has been the subject of a disciplinary, access denial or 
other adverse action by an exchange; that exchange;

[[Page 221]]

any person participating in a proceeding under this part pursuant to 
Sec.  9.25; and the Division of Market Oversight and/or the Division of 
Clearing and Intermediary Oversight when participating in a proceeding 
under this part pursuant to Sec.  9.26.
    (i) Record of the exchange proceeding means all testimony, exhibits, 
papers and records produced at or filed in an exchange disciplinary or 
access denial proceeding or served on a party to that proceeding; all 
documents, minutes or other exchange records serving as a basis for or 
reflecting the findings, rationale and conclusions concerning the 
adverse action taken by an exchange; a transcript of any proceeding 
before any body of the exchange in connection with the exchange 
proceeding; and a copy of all exchange rules which form the basis for 
the exchange proceeding.
    (j) Rules of the exchange means any constitutional provision, 
article of incorporation, bylaw, rule, regulation, resolution, or 
written and publicly available interpretation or stated policy of the 
exchange, or instrument corresponding thereto.
    (k) Summary action means a disciplinary action resulting in the 
imposition of a penalty on a member of an exchange for violation of 
rules of the exchange authorized under the provisions of Sec.  8.17(b) 
(penalty for impeding progress of hearing), Sec.  8.25 (member 
responsibility action) or Sec.  8.27 (penalty for violation of rules 
relating to decorum, attire, submission of records or similar 
activities) of this chapter.

[52 FR 25366, July 7, 1987; 52 FR 27286, July 20, 1987, as amended at 67 
FR 62352, Oct. 7, 2002]