17 C.F.R. Subpart A—General Provisions
Title 17 - Commodity and Securities Exchanges
This part sets forth the standards to be followed by an exchange in establishing procedures for investigating and adjudicating possible rule violations within the disciplinary jurisdiction of the exchange, for taking summary action in member responsibility cases and in cases involving violations of rules regarding decorum, submission of records or other similar activities, and for adjudicating membership denial determinations. Nothing in this part shall be construed to prohibit an exchange from adopting additional rules and practices not inconsistent with those set forth herein. (a) Each exchange shall submit to the Commission for its approval rules implementing the following regulations: §§8.11, 8.13, 8.15, 8.17, 8.18 and 8.20 of subpart B and §§8.26 and 8.28 of subpart C. Any such rule not previously submitted to the Commission shall not be put into effect prior to Commission approval. (b) An exchange may adopt rules implementing any or all of the following regulations: §§8.10, 8.16 and 8.19 of subpart B and §8.27 of subpart C. Each rule so adopted and not previously submitted to the Commission shall be submitted to the Commission for its approval and shall not be put into effect prior to Commission approval. For purposes of this part: (a) Board of appeals means that body provided for in §8.19. (b) Charge or charges means any charge or charges contained in the notice of charges. (c) Disciplinary committee means that body or bodies provided for in §8.08. (d) Disciplinary procedure means the rules of an exchange governing the investigation and adjudication of possible rule violations and the imposition of appropriate penalties under subpart B of this part. (e) Enforcement staff means that body provided for in §8.05. (f) Exchange means any board of trade which has been designated as a contract market for one or more commodities pursuant to section 5 of the Act or to trade commodity options pursuant to part 33 of this chapter. (g) Investigation report means the report required by §8.07. (h) Notice of charges means the notice required by §8.11. (i) Penalty means any restriction, limitation, censure, fine, expulsion, suspension, revocation, reprimand, cease and desist order, sanction or any other disciplinary action for any amount or of any definite or indefinite period imposed upon any person within the disciplinary jurisdiction of an exchange upon a finding by the disciplinary committee that a violation has been committed or pursuant to the terms of a settlement agreement. (j) Person(s) within the jurisdiction of an exchange means any exchange employee, staff member or official, any member or person with membership privileges or any person employed by or affiliated with a member or person with membership privileges, including any agent or associated person, and any other person under the supervision or control of the exchange or of any member. (k) Record of the proceeding means all testimony, exhibits, papers and records produced at or filed in a disciplinary or summary proceeding or served on a respondent or an exchange. (l) Respondent means any person named in a notice of charges who has been served with such notice or who is the subject of a summary action. (m) Rule(s) of an exchange means any constitutional provision, article of incorporation, bylaw, rule, regulation, resolution, interpretation, stated policy or instrument corresponding thereto. (n) Violation means any violation within the disciplinary jurisdiction of the exchange. [43 FR 41950, Sept. 19, 1978, as amended at 46 FR 54525, Nov. 3, 1981]
Title 17: Commodity and Securities Exchanges
PART 8—EXCHANGE PROCEDURES FOR DISCIPLINARY, SUMMARY, AND MEMBERSHIP DENIAL ACTIONS
Subpart A—General Provisions
§ 8.01 Scope of rules.
§ 8.02 Implementing exchange rules.
§ 8.03 Definitions.
