[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR12.26]

[Page 282-283]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 12_RULES RELATING TO REPARATIONS--Table of Contents
 
Subpart A_General Information and Preliminary Consideration of Pleadings
 
Sec.  12.26  Commencement of a reparation proceeding.

    (a) Commencement of voluntary decisional proceeding. Where 
complainant and respondent in the complaint and answer have elected the 
voluntary decisional procedure pursuant to subpart C of these rules and 
the complainant has paid the filing fee required by Sec.  12.25 of these 
rules, the Director of the Office of Proceedings shall, if in his 
opinion the facts warrant taking such action, forward the pleadings and 
all materials of record to the Proceedings Clerk for a proceeding to be 
conducted in accordance with subpart C of these rules. The Proceedings 
Clerk shall forthwith notify the parties of such action. Such 
notification shall be accompanied by an order issued by the Proceedings 
Clerk requiring the parties to complete all discovery, as provided in 
subpart B of these rules, within 50 days thereafter. A voluntary 
decisional proceeding commences upon service of such notification and 
order. As soon as practicable after service of such notification, the 
Proceedings Clerk shall assign the case to a Judgment Officer for a 
final decision.
    (b) Commencement of summary decisional proceeding. Where the amount 
claimed as damages, exclusive of interest and costs, in the complaint or 
in counterclaim does not exceed $30,000, and either a complainant or a 
respondent in the complaint, answer, or reply, has elected the summary 
decisional procedure pursuant to subpart D of these rules, and has paid 
the filing fee required by Sec.  12.25, the Director of the Office of 
Proceedings shall, if in his opinion the facts warrant taking such 
action, forward the pleadings and all materials of record to the 
Proceedings Clerk for a proceeding to be conducted in accordance with 
subpart D of these rules. The Proceedings Clerk shall forthwith notify 
the parties of such action. Such notification shall be accompanied by an 
order issued by the Proceedings Clerk requiring the parties to complete 
all discovery, as provided in subpart B of these rules, within 50 days 
thereafter. A summary decisional proceeding commences upon service of

[[Page 283]]

such notification. As soon as practicable after service of such 
notification, the Proceedings Clerk shall assign the case to a Judgment 
Officer for disposition.
    (c) Commencement of formal decisional proceeding. Where the amount 
claimed as damages in the complaint or as counterclaims exceeds $30,000, 
exclusive of interest and costs, and either a complainant or a 
respondent in the complaint, answer or reply, has elected the formal 
decisional procedure pursuant to subpart E of these rules, and has paid 
the filing fee required by Sec.  12.25, the Director of the Office of 
Proceedings shall, if in his opinion the facts warrant taking such 
action, forward the pleadings and the materials of record to the 
Proceedings Clerk for a proceeding to be conducted in accordance with 
subpart E of these rules. The Proceedings Clerk shall forthwith notify 
the parties of such action. Such notification shall be accompanied by an 
order issued by the Proceedings Clerk requiring the parties to complete 
all discovery, as provided in subpart B, within 50 days thereafter. A 
formal decisional proceeding commences upon service of such notification 
and order. As soon as practicable after service of such notification, 
the Proceedings Clerk shall assign the case to an Administrative Law 
Judge for disposition.

[49 FR 6621, Feb. 22, 1984, as amended at 59 FR 9637, Mar. 1, 1994]