§ 78d–1. Delegation of functions by Commission
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/usc/title-15/section-78d-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In addition to its existing authority, the Securities and Exchange Commission shall have the authority to delegate, by published order or rule, any of its functions to a division of the Commission, an individual Commissioner, an administrative law judge, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter. Nothing in this section shall be deemed to supersede the provisions of section 556(b) of title 5 , or to authorize the delegation of the function of rulemaking as defined in subchapter II of chapter 5 of title 5, with reference to general rules as distinguished from rules of particular applicability, or of the making of any rule pursuant to section 78s(c) of this title .
With respect to the delegation of any of its functions, as provided in subsection
(a)of this section, the Commission shall retain a discretionary right to review the action of any such division of the Commission, individual Commissioner, administrative law judge, employee, or employee board, upon its own initiative or upon petition of a party to or intervenor in such action, within such time and in such manner as the Commission by rule shall prescribe. The vote of one member of the Commission shall be sufficient to bring any such action before the Commission for review. A person or party shall be entitled to review by the Commission if he or it is adversely affected by action at a delegated level which
(1)denies any request for action pursuant to section 77h(a) or section 77h(c) of this title or the first sentence of section 78 l
(d)of this title;
(2)suspends trading in a security pursuant to section 78 l
(k)of this title; or
(3)is pursuant to any provision of this chapter in a case of adjudication, as defined in section 551 of title 5 , not required by this chapter to be determined on the record after notice and opportunity for hearing (except to the extent there is involved a matter described in section 554(a)(1) through
(6)of such title 5). If the right to exercise such review is declined, or if no such review is sought within the time stated in the rules promulgated by the Commission, then the action of any such division of the Commission, individual Commissioner, administrative law judge, employee, or employee board, shall, for all purposes, including appeal or review thereof, be deemed the action of the Commission. ( June 6, 1934, ch. 404 , title I, § 4A, as added Pub. L. 100–181, title III, § 308(a) , Dec. 4, 1987 , 101 Stat. 1254 .)
Connections92 cite this
Cited by 92 sections · top 60
CFR
- § 200.30-3Delegation of authority to Director of Division of Trading and Markets.
- § 200.30-5Delegation of authority to Director of Division of Investment Management.
- § 200.30-1Delegation of authority to Director of Division of Corporation Finance.
- § 200.30-11Delegation of authority to the Chief Accountant.
- § 200.30-4Delegation of authority to Director of Division of Enforcement.
- § 200.30-14Delegation of authority to the General Counsel.
- § 200.30-7Delegation of authority to Secretary of the Commission.
- § 200.30-18Delegation of authority to Director of the Division of Examinations.
- § 200.30-10Delegation of authority to Chief Administrative Law Judge.
- § 203.6Transcripts.
- § 200.30-9Delegation of authority to hearing officers.
- § 200.30-19Delegation of authority to Director of the EDGAR Business Office.
- § 200.30-13Delegation of authority to Chief Financial Officer.
- § 200.21The General Counsel.
- § 200.30-17Delegation of authority to Director of Office of International Affairs.
- § 200.30-3bDelegation of authority to Director of the Office of Credit Ratings.
- § 200.30-3aDelegation of authority to Director of the Office of Municipal Securities.
- § 200.30-6Delegation of authority to Regional Directors.
- § 200.30-15Delegation of authority to Chief Operating Officer.
register
- Rules and RegulationsFinal rule
- Proposed RulesFinal rule
- Rules and RegulationsFinal rule; technical amendments
- Rules and RegulationsFinal rule
- Presidential DocumentsFinal rule
- Proposed RulesProposed rule
- UnknownFinal rule
- UnknownFinal rule
- Proposed RulesFinal rules
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsProposed rule
- Rules and RegulationsFinal rule; Policy statement
- NoticesSECURITIES AND EXCHANGE COMMISSION
- NoticesFinal rule
- Proposed RulesProposed rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- NoticesSECURITIES AND EXCHANGE COMMISSION
- Proposed RulesProposed rule
- Rules and RegulationsFinal rule
- NoticesSECURITIES AND EXCHANGE COMMISSION
- Rules and RegulationsSemiannual Regulatory Agenda
- NoticesFinal rule
- NoticesFinal rule
- Rules and RegulationsFinal rule
- Proposed RulesProposed rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- NoticesSECURITIES AND EXCHANGE COMMISSION
- NoticesProposed rule
- NoticesSECURITIES AND EXCHANGE COMMISSION
- NoticesProposed rules
- Rules and RegulationsFinal rule
- NoticesSECURITIES AND EXCHANGE COMMISSION
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
8 references not yet in our index
- Pub. L. 100-181
- 101 Stat. 1254
- Pub. L. 87-592
- 76 Stat. 394
- Pub. L. 94-29
- 89 Stat. 163
- Pub. L. 95-251
- 92 Stat. 183
Citation graph
cites case law
§ 78d–1
Delegation of functions by Commission
Fed. Reg.×71
C.F.R.×21
Pub. L.Pub. L. 100-181
Stat.101 Stat. 1254
Pub. L.Pub. L. 87-592
Stat.76 Stat. 394
Pub. L.Pub. L. 94-29
Cites 8 · showing 5Cited by 92 across 2 sources