[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: 17CFR9.31]

[Page 228-229]
 
              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 D_Commission Review of Disciplinary, Access Denial or Other 
                             Adverse Action
 
Sec.  9.31  Commission review of disciplinary or access denial action 
on its own motion.

    (a) Request for additional information. Where a person disciplined 
or denied access has not appealed the exchange decision to the 
Commission, upon review of the notice specified in Sec.  9.11, the 
Division of Market Oversight or the Division Clearing and Intermediary 
Oversight may request that the exchange file with the Division the 
record of the exchange proceeding, or designated portions of the record, 
a brief statement of the evidence and testimony adduced to support the 
exchange's findings that a rule or rules of the exchange were violated 
and such recordings, transcripts and other documents

[[Page 229]]

applicable to the particular exchange proceeding as the Division may 
specify. The exchange must promptly advise the person who is the subject 
of the disciplinary or access denial action of the Division's request. 
Within thirty days after service of the Division's request, the exchange 
must file the information requested with the Division and, upon request, 
deliver that information to the person who is the subject of the 
disciplinary or access denial action. Delivery and filing must be in the 
manner prescribed by Sec.  9.11(c). A person subject to the disciplinary 
action or access denial action requesting a copy of the information 
furnished to the Division must, if the exchange rules so provide, agree 
to pay the exchange reasonable fees for printing the copy.
    (b) Review on motion of the Commission. The Commission may institute 
review of an exchange disciplinary or access denial action on its own 
motion. Other than in extraordinary circumstances, such review will be 
initiated within 180 days after the Commission has received the notice 
of exchange action provided for in Sec.  9.11. If the Commission should 
institute review on its own motion, it will issue an order permitting 
the person who is the subject of the disciplinary or access denial 
action an opportunity to file an appropriate submission, and the 
exchange an opportunity to file a reply thereto.

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