§ 8. Application for designation as contract market or derivatives transaction execution facility; time; suspension or revocation of designation; hearing; review by court of appeals
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(a)Any person desiring to be designated or registered as a contract market or derivatives transaction execution facility shall make application to the Commission for the designation or registration and accompany the same with a showing that it complies with the conditions set forth in this chapter, and with a sufficient assurance that it will continue to comply with the the 1 requirements of this chapter. The Commission shall approve or deny an application for designation or registration as a contract market or derivatives transaction execution facility within 180 days of the filing of the application. If the Commission notifies the person that its application is materially incomplete and specifies the deficiencies in the application, the running of the 180-day period shall be stayed from the time of such notification until the application is resubmitted in completed form: Provided, That the Commission shall have not less than sixty days to approve or deny the application from the time the application is resubmitted in completed form. If the Commission denies an application, it shall specify the grounds for the denial. In the event of a refusal to designate or register as a contract market or derivatives transaction execution facility any person that has made application therefor, the person shall be afforded an opportunity for a hearing on the record before the Commission, with the right to appeal an adverse decision after such hearing to the court of appeals as provided for in other cases in subsection
(b)of this section.
(b)The Commission is authorized to suspend for a period not to exceed 6 months or to revoke the designation or registration of any contract market or derivatives transaction execution facility on a showing that the contract market or derivatives transaction execution facility is not enforcing or has not enforced its rules of government, made a condition of its designation or registration as set forth in sections 7 through 7a–1 of this title or section 7b–1 of this title, or that the contract market or derivatives transaction execution facility or electronic trading facility, or any director, officer, agent, or employee thereof, otherwise is violating or has violated any of the provisions of this chapter or any of the rules, regulations, or orders of the Commission thereunder. Such suspension or revocation shall only be made after a notice to the officers of the contract market or derivatives transaction execution facility or electronic trading facility affected and upon a hearing on the record: Provided, That such suspension or revocation shall be final and conclusive, unless within fifteen days after such suspension or revocation by the Commission such person appeals to the court of appeals for the circuit in which it has its principal place of business, by filing with the clerk of such court a written petition praying that the order of the Commission be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such person will pay the costs of the proceedings if the court so directs. The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to the Commission and file in the court the record in such proceedings, as provided in section 2112 of title 28. The testimony and evidence taken or submitted before the Commission, duly filed as aforesaid as a part of the record, shall be considered by the court of appeals as the evidence in the case. Such a court may affirm or set aside the order of the Commission or may direct it to modify its order. No such order of the Commission shall be modified or set aside by the court of appeals unless it is shown by the person that the order is unsupported by the weight of the evidence or was issued without due notice and a reasonable opportunity having been afforded to such person for a hearing, or infringes the Constitution of the United States, or is beyond the jurisdiction of the Commission.
(Sept. 21, 1922, ch. 369, § 6(a), (b), formerly § 6(a), 42 Stat. 1001; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 7(a), Aug. 28, 1958, 72 Stat. 944; Pub. L. 90–258, §§ 14, 15, Feb. 19, 1968, 82 Stat. 30; Pub. L. 93–463, title I, § 103(a)–(c), Oct. 23, 1974, 88 Stat. 1392; Pub. L. 95–405, § 13(1), (2), Sept. 30, 1978, 92 Stat. 871; Pub. L. 97–444, title II, § 218, Jan. 11, 1983, 96 Stat. 2308; Pub. L. 98–620, title IV, § 402(3), Nov. 8, 1984, 98 Stat. 3357; renumbered § 6(a),
(b)and amended Pub. L. 102–546, title II, § 209(a)(1)–(3), title IV, § 402(1)(B), (9)(A), Oct. 28, 1992, 106 Stat. 3606, 3624, 3625; Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A), (B)], Dec. 21, 2000, 114 Stat. 2763, 2763A–408; Pub. L. 110–234, title XIII, § 13203(m), May 22, 2008, 122 Stat. 1441; Pub. L. 110–246, § 4(a), title XIII, § 13203(m), June 18, 2008, 122 Stat. 1664, 2203; Pub. L. 111–203, title VII, § 749(e), July 21, 2010, 124 Stat. 1747.)
Connections108 cite this · traces to 8
Cited by 108 sections · top 60
U.S. Code
- § 12aRegistration of commodity dealers and associated persons; regulation of registered entities
- § 9Prohibition regarding manipulation and false information
- § 13aNonenforcement of rules of government or other violations; cease and desist orders; fines and penalties; imprisonment; misdemeanor; separate offenses
- § 7bSuspension or revocation of designation as registered entity
- § 10aCooperative associations and corporations, exclusion from board of trade; rules of board inapplicable to payment of compensation by association
- § 9aAssessment of money penalties
- § 13bManipulations or other violations; cease and desist orders against persons other than registered entities; punishment
- § 9bRules prohibiting deceptive and other abusive telemarketing acts or practices
- § 9cNotice of investigations and enforcement actions
statutes-at-large
- Public Law 85–791
- Public Law 93–463To amend the Commodity Exchange Act to strengthen the regulation of futures trading, to bring all agricultural and other commodities traded on exchanges under regulation, and for other purposes
- Public Law 90–253
- Public Law 94–16
- Public Law 106–554Making consolidated appropriations for the fiscal year ending September 30, 2001, and for other purposes
- Public Law 102–546To amend the Commodity Exchange Act to improve the regulation of futures and options traded under rules and regulations of the Commodity Futures Trading Commission; to establish registration standards for all exchange floor traders; to restrict practices which may lead to the abuse of outside custom
- Public Law 98–620To amend title 28
- Public Law 110–234To provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes
- Public Law 95–405To extend the Commodity Exchange Act, and for other purposes
- Public Law 110–246To provide for the continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2012, and for other purposes
- Public Law 97–444To extend the Commodity Exchange Act, and for other purposes.s Jan. 11, 1983 [[H
- Public Law 111–203To promote the financial stability of the United States by improving accountability and transparency in the financial system, to end “too big to fail”, to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes
CFR
register
- NoticesNotice of proposed rulemaking
- NoticesNotice of proposed rulemaking
- Rules and RegulationsFinal rules
- Presidential DocumentsNotice of proposed rulemaking
- Proposed RulesProposed rule
- NoticesFinal rule
- Proposed RulesProposed rules
- NoticesNotice of proposed rulemaking
- NoticesFinal rules
- NoticesFinal rule
- Presidential DocumentsFinal rule
- NoticesSupplemental notice of proposed rulemaking
- Proposed RulesProposed rules
- NoticesFinal rulemaking
- NoticesNotice of proposed rulemaking with request for public comment
- NoticesFinal rule
- NoticesProposed rules
statute-compilations
bill
- Sec. 405Elimination of obsolete references to electronic trading facilities
- Sec. 410Elimination of obsolete references to derivative transaction execution facilities
- Sec. 414Miscellaneous corrections
- Sec. 405Elimination of obsolete references to electronic trading facilities
- Sec. 410Elimination of obsolete references to derivative transaction execution facilities
- Sec. 414Miscellaneous corrections
- Sec. 405Elimination of obsolete references to electronic trading facilities
- Sec. 410Elimination of obsolete references to derivative transaction execution facilities
- Sec. 414Miscellaneous corrections
- Sec. 405Elimination of obsolete references to electronic trading facilities
- Sec. 410Elimination of obsolete references to derivative transaction execution facilities
- Sec. 414Miscellaneous corrections
- Sec. 402Elimination of obsolete references to derivative transaction execution facilities
- Sec. 403Elimination of obsolete references to electronic trading facilities
- Sec. 416Miscellaneous corrections
- Sec. 405Elimination of obsolete references to electronic trading facilities
- Sec. 410Elimination of obsolete references to derivative transaction execution facilities
Traces to 8 documents
U.S. Code
- Suspension or revocation of designation as registered entity§ 7b
- Record on review and enforcement of agency orders§ 2112
- Prohibition regarding manipulation and false information§ 9
- Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce§ 2
- Designation of boards of trade as contract markets§ 7
- Definitions§ 1a
- Definition of Secretary§ 8701
- Priority of civil actions§ 1657
64 references not yet in our index
- 1
- Sept. 21, 1922, ch. 369, § 6(a)
- 42 Stat. 1001
- June 25, 1948, ch. 646, § 32(a)
- 62 Stat. 991
- May 24, 1949, ch. 139, § 127
- 63 Stat. 107
- Pub. L. 85–791, § 7(a)
- 72 Stat. 944
- Pub. L. 90–258
- 82 Stat. 30
- Pub. L. 93–463, title I, § 103(a)
- 88 Stat. 1392
- Pub. L. 95–405, § 13(1)
- 92 Stat. 871
- Pub. L. 97–444, title II, § 218
- 96 Stat. 2308
- Pub. L. 98–620, title IV, § 402(3)
- 98 Stat. 3357
- Pub. L. 102–546, title II, § 209(a)(1)
- 106 Stat. 3606
- Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A), (B)]
- 114 Stat. 2763
- Pub. L. 110–234, title XIII, § 13203(m)
- 122 Stat. 1441
- Pub. L. 110–246, § 4(a)
- 122 Stat. 1664
- Pub. L. 111–203, title VII, § 749(e)
- 124 Stat. 1747
- Pub. L. 110–234
- Pub. L. 110–246
- section 4(a) of Pub. L. 110–246
- Pub. L. 111–203
- Pub. L. 110–246, § 13203(m)
- Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A)(iv)]
- Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A)(iii)]
- Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A)(ii)]
- Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A)(i)]
- Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(B)(iii)]
- Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(B)(ii)]
+ 24 more
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§ 8
Application for designation as contract market or derivatives transaction execution facility; time; suspension or revocation of designation; hearing; review by court of appeals
Bills×39
Stat.×24
Fed. Reg.×21
U.S.C.×16
C.F.R.×4
Stat. Comp.×4
Cite1
ActSept. 21, 1922, ch. 369, § 6(a)
Stat.42 Stat. 1001
ActJune 25, 1948, ch. 646, § 32(a)
Cites 72 · showing 12Cited by 108 across 6 sources