Current through September 30, 2024
Section 171.34 - Standards of review(a)Disciplinary actions. In reviewing a final decision of the National Futures Association in a disciplinary action, the Commission shall affirm the order of the National Futures Association, unless the Commission finds that:(1) The proceedings were not conducted in a manner consistent with fundamental fairness;(2) The proceedings were not conducted in a manner consistent with the rules of the National Futures Association;(3) The weight of the evidence does not support the findings of the National Futures Association concerning the relevant acts or practices engaged in or omitted;(4) The determination that the acts or practices engaged in or omitted violated rules of the National Futures Association does not rest on a reasonable interpretation of the rules at issue;(5) The National Futures Association's application of its rules is not consistent with the purposes of the Act;(6) The National Futures Association's choice of sanction is excessive or oppressive in light of the violations found having due regard for the public interest.(b)Membership denial actions. In reviewing a final decision of the National Futures Association in a membership denial action, the Commission shall affirm the order of the National Futures Association, unless the Commission finds that: (1) The proceedings were not conducted in a manner consistent with fundamental fairness;(2) The proceedings were not conducted in a manner consistent with the rules of the National Futures Association;(3) The weight of the evidence does not support the findings made or adopted in the final decision;(4) The conclusion of the National Futures Association is not consistent with the purposes of the Act.(c)Registration actions. In reviewing a decision of the National Futures Association in a registration action, the Commission shall affirm the order of the National Futures Association unless the Commission finds that: (1) The proceedings were not conducted in a manner consistent with fundamental fairness;(2) The proceedings were not conducted in a manner consistent with the rules of the National Futures Association;(3) The weight of the evidence does not support the findings made or adopted in the final decision;(4) The conclusion of the National Futures Association is not consistent with the purposes of the Act.