Finra Rule:CODE OF PROCEDURE
USINFO | 2013-11-12 16:01
Contents:

9100. APPLICATION AND PURPOSE

9110. Application
9120. Definitions
9130. Service; Filing of Papers
9140. Proceedings
9150. Exclusion From Rule 9000 Series Proceeding
9160. Recusal or Disqualification

9200. DISCIPLINARY PROCEEDINGS
9210. Complaint and Answer
9220. Request for Hearing; Extensions of Time, Postponements, Adjournments
9230. Appointment of Hearing Panel, Extended Hearing Panel
9240. Pre-hearing Conference and Submission
9250. Discovery
9260. Hearing and Decision
9270. Settlement Procedure
9280. Contemptuous Conduct
9290. Expedited Disciplinary Proceedings

9300. REVIEW OF DISCIPLINARY PROCEEDING BY NATIONAL ADJUDICATORY COUNCIL AND FINRA BOARD; APPLICATION FOR SEC REVIEW
9310. Appeal to or Review by National Adjudicatory Council
9320. Transmission of Record; Extensions of Time, Postponements, Adjournments
9330. Appointment of Subcommittee or Extended Proceeding Committee; Disqualification and Recusal
9340. Proceedings
9350. Discretionary Review by FINRA Board
9360. Effectiveness of Sanctions
9370. Application to SEC for Review

9500. OTHER PROCEEDINGS
9520. Eligibility Proceedings
9550. Expedited Proceedings

9600. PROCEDURES FOR EXEMPTIONS
9610. Application
9620. Decision
9630. Appeal

9700. PROCEDURES ON GRIEVANCES CONCERNING THE AUTOMATED SYSTEMS
9710. Purpose
9720. Form of Application
9730. Request for Hearing
9740. Consideration of Applications
9750. Decision
9760. Call for Review by the National Adjudicatory Council
9770. Application to SEC for Review

9800. TEMPORARY CEASE AND DESIST ORDERS
9810. Initiation of Proceeding
9820. Appointment of Hearing Officer and Hearing Panel
9830. Hearing
9840. Issuance of Temporary Cease and Desist Order by Hearing Panel
9850. Review by Hearing Panel
9860. Violation of Temporary Cease and Desist Orders
9870. Application to SEC for Review

9000. CODE OF PROCEDURE

9100. APPLICATION AND PURPOSE

9110. Application


(a) Proceedings

The Rule 9000 Series is the Code of Procedure and includes proceedings for disciplining a member or person associated with a member; proceedings for regulating the activities of a member experiencing financial or operational difficulties; proceedings for summary or non-summary suspensions, cancellations, bars, prohibitions, or limitations; and proceedings for obtaining relief from the eligibility requirements of the FINRA By-Laws and FINRA rules. The Rule 9100 Series is of general applicability to all proceedings set forth in the Rule 9000 Series, unless a Rule specifically provides otherwise.

(b) Rights, Duties, and Obligations of Members and Associated Persons

Unless otherwise specified, a person associated with a member shall have the same rights as a member and shall be subject to the same duties and obligations under the Code of Procedure.

(c) Incorporation of Defined Terms and Cross References

Unless otherwise provided, terms used in the Rule 9000 Series shall have the meaning as defined in Rules 0160 and 9120. References within the Rule 9000 Series to FINRA offices or departments refer to offices so designated by FINRA or FINRA Regulation.

9120. Definitions

(a) "Adjudicator"

The term "Adjudicator" means:

(1) a body, board, committee, group, or natural person that presides over a proceeding and renders a decision;

(2) a body, board, committee, group, or natural person that presides over a proceeding and renders a recommended or proposed decision which is acted upon by an Adjudicator described in paragraph (a)(1); or

(3) a natural person who serves on a body, board, committee, or group described in paragraphs (a)(1) or (2).

The term includes a Review Subcommittee as defined in paragraph (aa), a Subcommittee as defined in paragraph (cc), an Extended Proceeding Committee as defined in paragraph (l), and a Statutory Disqualification Committee as defined in paragraph (bb).

(b) "Chief Hearing Officer"

The term "Chief Hearing Officer" means the Hearing Officer designated by the Chief Executive Officer of FINRA to manage the Office of Hearing Officers, or his or her delegatee.

(c) "Code"

The term "Code" refers to the Code of Procedure.

(d) "Counsel to the National Adjudicatory Council "

The term "Counsel to the National Adjudicatory Council" means an attorney of the Office of the General Counsel of FINRA who is responsible for advising the National Adjudicatory Council, the Review Subcommittee, a Subcommittee, or an Extended Proceeding Committee regarding a disciplinary proceeding on appeal or review before the National Adjudicatory Council.

(e) "Department of Enforcement"

The term "Department of Enforcement" means the Department of Enforcement of FINRA.

(f) "Director"
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