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Regulacje rynkowe · 3.04.1998

Rules of Practice; Proposed Amendments

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') requests comments on proposed amendments to its Rules of Practice (``Rules'') which govern most adjudicatory proceedings brought under the Commodity Exchange Act, as amended (``Act''), other than reparations actions. The proposed amendments are intended to improve the overall fairness and efficiency of the administrative process, as well as to facilitate use of the authority granted to the Commission by the Futures Trading Practices Act of 1992 (``FTPA'') to require the payment of restitution by respondents in administrative enforcement proceedings. The Commission has not attempted to revisit wholesale its Rules of Practice. Rather, the proposed amendments focus on a few key areas where case law and current practice suggest that clarification or revision may be most useful. Besides restitution, most of the substantive amendments being proposed relate to prehearing discovery. The other proposed changes are technical in nature, clarifying or updating existing rules to reflect recent Commission decisions and better accord with the current practices being followed by the Commission's Administrative Law Judges (``ALJs

Source: Federal Register — CFTCOpen original release →