17 C.F.R. § 9.30 Scope of review.
Title 17 - Commodity and Securities Exchanges
On review, the Commission may, in its discretion, consider sua sponte any issues arising from the record before it and may base its determination thereon, or limit the issues to those presented in the statement of issues in the briefs, treating those issues not raised as waived. If the Commission determines to consider any issue not raised by the parties, it may issue an order that notifies the parties of such determination and provides an opportunity for the parties to address any issue considered sua sponte by the Commission.
Title 17: Commodity and Securities Exchanges
PART 9—RULES RELATING TO REVIEW OF EXCHANGE DISCIPLINARY, ACCESS DENIAL OR OTHER ADVERSE ACTIONS
Subpart D—Commission Review of Disciplinary, Access Denial or Other Adverse Action
§ 9.30 Scope of review.

