(a) Action taken; written notice of reasons for action(1) Any exchange or the Commission if the exchange fails to act, may suspend, expel, or otherwise discipline any person who is a member of that exchange, or deny any person access to the exchange. Any such action shall be taken solely in accordance with the rules of that exchange.
(2) Any suspension, expulsion, disciplinary, or access denial procedure established by an exchange rule shall provide for written notice to the Commission and to the person who is suspended, expelled, or disciplined, or denied access, within thirty days, which includes the reasons for the exchange action in the form and manner the Commission prescribes. An exchange shall make public its findings and the reasons for the exchange action in any such proceeding, including the action taken or the penalty imposed, but shall not disclose the evidence therefor, except to the person who is suspended, expelled, or disciplined, or denied access, and to the Commission.
(b) Review by CommissionThe Commission may, in its discretion and in accordance with such standards and procedures as it deems appropriate, review any decision by an exchange whereby a person is suspended, expelled, otherwise disciplined, or denied access to the exchange. In addition, the Commission may, in its discretion and upon application of any person who is adversely affected by any other exchange action, review such action.
(c) Affirmance, modification, set aside, or remand of actionThe Commission may affirm, modify, set aside, or remand any exchange decision it reviews pursuant to subsection (b), after a determination on the record whether the action of the exchange was in accordance with the policies of this chapter. Subject to judicial review, any order of the Commission entered pursuant to subsection (b) shall govern the exchange in its further treatment of the matter.
(d) Stay of actionThe Commission, in its discretion, may order a stay of any action taken pursuant to subsection (a) pending review thereof.
(e) Major disciplinary rule violations(1) The Commission shall issue regulations requiring each registered entity to establish and make available to the public a schedule of major violations of any rule within the disciplinary jurisdiction of such registered entity.
(2) The regulations issued by the Commission pursuant to this subsection shall prohibit, for a period of time to be determined by the Commission, any individual who is found to have committed any major violation from service on the governing board of any registered entity or registered futures association, or on any disciplinary committee thereof.
Structure US Code
CHAPTER 1— COMMODITY EXCHANGES
§ 6. Regulation of futures trading and foreign transactions
§ 6b. Contracts designed to defraud or mislead
§ 6e. Dealings by unregistered floor trader or broker prohibited
§ 6f. Registration and financial requirements; risk assessment
§ 6g. Reporting and recordkeeping
§ 6h. False self-representation as registered entity member prohibited
§ 6l. Commodity trading advisors and commodity pool operators; Congressional finding
§ 6p. Standards and examinations
§ 6q. Special procedures to encourage and facilitate bona fide hedging by agricultural producers
§ 6r. Reporting and recordkeeping for uncleared swaps
§ 6s. Registration and regulation of swap dealers and major swap participants
§ 6t. Large swap trader reporting
§ 7. Designation of boards of trade as contract markets
§ 7a–1. Derivatives clearing organizations
§ 7a–2. Common provisions applicable to registered entities
§ 7b. Suspension or revocation of designation as registered entity
§ 7b–1. Designation of securities exchanges and associations as contract markets
§ 7b–3. Swap execution facilities
§ 9. Prohibition regarding manipulation and false information
§ 9a. Assessment of money penalties
§ 9b. Rules prohibiting deceptive and other abusive telemarketing acts or practices
§ 9c. Notice of investigations and enforcement actions
§ 12a. Registration of commodity dealers and associated persons; regulation of registered entities
§ 12b. Trading ban violations; prohibition
§ 12d. Commission action for noncompliance with export sales reporting requirements
§ 12e. Repealed. , , , 2763A–410
§ 13. Violations generally; punishment; costs of prosecution
§ 13a–1. Enjoining or restraining violations
§ 13a–2. Jurisdiction of States
§ 13c. Responsibility as principal; minor violations
§ 15b. Cotton futures contracts
§ 16a. Service fees and National Futures Association study
§ 17a. Separability of 1936 amendment
§ 17b. Separability of 1968 amendment
§ 18. Complaints against registered persons
§ 19. Consideration of costs and benefits and antitrust laws
§ 21. Registered futures associations
§ 22. Research and information programs; reports to Congress
§ 23. Standardized contracts for certain commodities
§ 24. Customer property with respect to commodity broker debtors; definitions
§ 25. Private rights of action
§ 26. Commodity whistleblower incentives and protection
§ 27a. Exclusion of identified banking product
§ 27c. Exclusion of certain other identified banking products