PART 10—RULES OF PRACTICE Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7 U.S.C. 2(a)(12). Source: 41 FR 2511, Jan. 16, 1976, unless otherwise noted. Subpart A—General Provisions § 10.1 Scope and applicability of rules of practice. These rules of practice are generally applicable to adjudicatory proceedings before the Commodity Futures Trading Commission under the Commodity Exchange Act. These include proceedings for: (a) Denial, suspension, revocation, conditioning, restricting or modifying of registration as a futures commission merchant, retail foreign exchange dealer, introducing broker, or associated person, floor broker, floor trader, commodity pool operator, commodity trading advisor or leverage transaction merchant pursuant to sections 6(c), 8a(2), 8a(3), 8a(4) and 8a(11) of the Act, 7 U.S.C. 9 and 15, 12a(2), 12a(3), 12a(4) and 12(a)(11), or denial, suspension, or revocation of designation as a contract market pursuant to sections 6(a) and 6(b) of the Act, 7 U.S.C. 8; (b) The issuance of cease and desist orders pursuant to sections 6b and 6(d) of the Act, 7 U.S.C. 13a and 13b; (c) Denial of trading privileges pursuant to section 6(c) of the Act, 7 U.S.C. 9 and 15; (d) The assessment of civil penalties pursuant to sections 6(c) and 6b of the Act, 7 U.S.C. 9 and 15 and 13a; (e) The issuance of restitution orders pursuant to section 6(c) of the Act, 7 U.S.C. 9; and (f) Any other proceedings where the Commission declares them to be applicable. These rules do not apply to: (g) Investigations conducted pursuant to sections 8 and 16(a) of the Act, 7 U.S.C. 12 and 20(a), except as specifically made applicable by the Rules Relating to Investigations set forth in part 11 of this chapter; (h) Reparation proceedings under section 14 of the Act, 7 U.S.C. 18, except as specifically made applicable by the Rules Relating to Reparation Proceedings set forth in part 12 of this chapter; (i) Public rulemaking, except as specifically made applicable by the Rules Relating to Public Rulemaking Procedures. The rules shall be construed to secure the just, speedy and inexpensive determination of every proceeding with full protection for the rights of all parties therein. [41 FR 2511, Jan. 16, 1976, as amended at 49 FR 8225, Mar. 5, 1984; 57 FR 19597, Apr. 15, 1993; 59 FR 5701, Feb. 8, 1994; 63 FR 55791, Oct. 19, 1998; 64 FR 30903, June 9, 1999; 75 FR 55449, Sept. 10, 2010; 90 FR 55645, Dec. 3, 2025] § 10.2 Definitions. For purposes of this part: (a) Act et seq.; (b) Adjudicatory proceeding (c) Administrative Law Judge (d) Administrative Procedure Act (e) Commission (f) Complaint (g) Division of Enforcement (h) Hearing (i) Proceedings Clerk (j) Order (k) Party (l) Person (m) Pleading (n) Presiding Officer (o) Respondent [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54801, Oct. 26, 1995; 89 FR 71807, Sept. 4, 2024; 90 FR 55645, Dec. 3, 2025] § 10.3 Suspension, amendment, revocation and waiver of rules. (a) These rules may, from time to time, be suspended, amended or revoked in whole or in part. Notice of such action will be published in the Federal Register. (b) In the interest of expediting decision or to prevent undue hardship on any party or for other good cause the Commission may order the adoption of expedited procedures and may waive any rule in subparts A through H of this part in a particular case and may order proceedings in accordance with its direction upon a determination that no party will be prejudiced and that the ends of justice will be served. Reasonable notice shall be given to all parties of any action taken pursuant to this provision. (c) The Presiding Officer, to expedite decision or to prevent undue hardship on any party, may waive any rule in subparts A through G of this part when neither party is prejudiced thereby. Reasonable notice shall be given to all parties of any action taken pursuant to this provision. (d) Notwithstanding any provision of this part, the Commission may in any proceeding commenced pursuant to section 6(c) of the Act require a respondent to show cause why an order should not be entered against the respondent and may specify a day and place for the hearing not less than three days after service upon the respondent of the Commission's complaint and notice of hearing in such proceeding. (Secs. 2(a), 6(b) and 8a, 42 Stat. 1001, as amended, 49 Stat. 1498, 1499, as amended 88 Stat.; 49 Stat. 1500, as amended, 88 Stat. 1392; 88 Stat. 1389, 1391; 7 U.S.C. 4a, 9 and 12a) [41 FR 2511, Jan. 16, 1976, as amended at 44 FR 61327, Oct. 25, 1979; 59 FR 5701, Feb. 8, 1994] § 10.4 Business address; hours. The Office of Proceedings is located at the Commission's Washington, DC headquarters. Emails must be sent to [email protected]. [90 FR 55645, Dec. 3, 2025] § 10.5 Computation of time. In computing any period of time prescribed by these rules or allowed by the Commission or the Presiding Officer, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is a Saturday, a Sunday, or a legal holiday; in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. Intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation only when the period of time prescribed or allowed is less than seven days. § 10.6 Changes in time permitted for filing. Except as otherwise provided by law or by these rules, for good cause shown the Commission or the Presiding Officer before whom a matter is then pending, on their own motion or the motion of a party, at any time may extend or shorten the time limit prescribed by the rules for filing any document. In any instance in which a time limit is not prescribed for an action to be taken in a proceeding, the Commission or the Presiding Officer may set a time limit for that action. § 10.7 Date of entry of orders. In computing any period of time involving the date of the entry of an order the date of entry shall be the date the order is served by the Proceedings Clerk. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54801, Oct. 26, 1995] § 10.8 Presiding officers. Unless otherwise determined by the Commission, all proceedings within the scope of this part shall be assigned to an Administrative Law Judge for hearing. If the Commission determines that a proceeding within the scope of this part shall be conducted before a Presiding Officer who is not an Administrative Law Judge, all provisions of this part or of part 3 of this chapter that refer to and grant authority to or impose obligations upon an Administrative Law Judge shall be read as referring to and granting authority to and imposing obligations upon the designated Presiding Officer. (a) Functions and responsibilities of Administrative Law Judge. (1) Administer oaths and affirmations; (2) Issue subpoenas; (3) Rule on offers of proof; (4) Receive relevant evidence; (5) Examine witnesses; (6) Regulate the course of the hearing; (7) Hold prehearing conferences; (8) Consider and rule upon all motions; (9) Make decisions in accordance with § 10.84 of these rules; (10) Certify interlocutory matters to the Commission for its determination in accordance with § 10.101 of these rules; (11) Take such action as is just or appropriate, if a party or agent of a party fails to comply with an order issued by the Administrative Law Judge; (12) Take any other action required to give effect to these Rules of Practice, including but not limited to requesting the parties to file briefs and statements of position with respect to any issue in the proceeding. (b) Disqualification of Administrative Law Judge At his own request. (2) Upon the request of a party. [41 FR 2511, Jan. 16, 1976, as amended at 78 FR 12934, Feb. 26, 2013] § 10.9 Separation of functions. (a) An Administrative Law Judge will not be responsible to or subject to the supervision or direction of any officer, employee, or agent of the Commission engaged in the performance of investigative or prosecutorial functions for the Commission. (b) No officer, employee or agent of the Commission who is engaged in the performance of investigative or prosecuting functions in connection with any proceeding shall, in that proceeding or any factually related proceeding, participate or advise in the decision of the Administrative Law Judge or the Commission except as witness or counsel in the proceeding, without the express written consent of the respondents in the proceeding. This provision shall not apply to the members of the Commission. [41 FR 2511, Jan. 16, 1976, as amended at 63 FR 55791, Oct. 19, 1998] § 10.10 Ex parte communications. (a) Definitions. (1) Commission decisional employee (i) Members of the personal staffs of the Commissioners; (ii) Members of the staffs of the Administrative Law Judges; (iii) The Deputy General Counsel for Litigation, Enforcement, and Adjudication and staff of the Office of the General Counsel. (iv) Members of the staff of the Office of Proceedings; and (v) Other Commission employees who may be assigned to hear or to participate in the decision of a particular matter; (2) Ex parte communication (3) Interested person (4) Party (b) Prohibitions against ex parte communications. (2) No Commissioner, Administrative Law Judge or Commission decisional employee shall make or knowingly cause to be made to any interested person outside the Commission an ex parte communication relevant to the merits of a proceeding. (c) Procedures for handling ex parte communications. (1) Place on the public record of the proceeding: (i) All such written communications; (ii) Memoranda stating the substance of all such oral communications; and (iii) All written responses, and memoranda stating the substance of all oral responses, to the materials described in paragraphs (c) (1)(i) and (1)(ii) of this section; and (2) Promptly give written notice of such communication and responses thereto to all parties to the proceedings to which the communication or responses relate. (d) Sanctions. (2) Any attorney or accountant who knowingly makes or knowingly causes to be made, or who knowingly solicits or knowingly causes the solicitation of, an ex parte communication which violates the prohibitions contained in paragraph (b) of this section may, on that basis alone, be deemed to have engaged in unprofessional conduct of the type proscribed by 17 CFR 14.8(c). (3) Any Commissioner, Administrative Law Judge or Commission decisional employee who knowingly makes or knowingly cause to be made, or who knowingly solicits or knowingly causes the solicitation of, an ex parte communication which violates the prohibitions contained in paragraph (b) of this section may, on that basis alone, be deemed to have engaged in conduct of the type proscribed by 17 CFR 140.735-3(b)(3). (e) Applicability of prohibitions and sanctions against ex parte communications. (i) To any person who has actual knowledge that a proceeding has been or will be commenced by order of the Commission; and (ii) To all persons after public notice has been given that a proceeding has been or will be commenced by order of the Commission. (2) The prohibitions of this section shall remain in effect until a final order has been entered in the proceeding which is no longer subject to review or reconsideration by the Commission or to review by any court. (3) Nothing in this section shall constitute authority to withhold information from Congress. (Sec. 4, Pub. L. 94-409, 90 Stat. 1246, 1247 (5 U.S.C. 551(14), 556(d) and 557(d)); sec. 101(a)(11), Pub. L. 93-463, 88 Stat. 1391 (7 U.S.C. 4a(j) (Supp. V, 1975)) [42 FR 13700, Mar. 11, 1977, as amended at 60 FR 54801, Oct. 26, 1995; 89 FR 71807, Sept. 4, 2024] § 10.11 Appearance in adjudicatory proceedings. (a) Appearance By non-attorneys. (2) By attorneys. (b) Debarment of counsel or representative by administrative law judge during the course of a proceeding. Provided, (2) Whenever the Administrative Law Judge has issued an order precluding a person from further acting as counsel for representative in the proceeding, the Administrative Law Judge within a reasonable time thereafter, shall submit to the Commission a report of the facts and circumstances surrounding the issuance of the order and shall recommend what action the Commission should take respecting the appearance of such person as counsel or representative in other proceedings before the Commission. § 10.12 Service and filing of documents; form and execution. (a) Service by a party or other participant in a proceeding. (2) How service is made. (i) Personal service; (ii) First-class or a more expeditious form of United States mail or an overnight or similar commercial delivery service; (iii) Facsimile (“fax”); or (iv) Electronic mail (“email”). (v) Service shall be complete at the time of personal service; upon deposit in the mail or with a similar commercial package delivery service of a properly addressed document for which all postage or delivery service fees have been paid; or upon transmission by fax or email. Where a party effects service by mail or similar package delivery service (but not by fax or email), the time within which the party being served may respond shall be extended by five (5) days. Service by fax or email shall be permitted at the discretion of the Presiding Officer, with the parties' consent. Signed documents that are served by email must be in PDF or other non-alterable form. (3) Service by email or fax shall be permitted at the discretion of the Presiding Officer, with the parties' consent. The consent of a party must specify the email address or fax number to be used. Signed documents that are served by email must be in PDF or other non-alterable form. (4) Service will be complete at the time of personal service; upon deposit in the mail or with an overnight or similar commercial delivery service of a properly addressed document for which all postage or delivery service fees have been paid; or upon transmission by fax or email. Service by email or by fax will not be effective if the party making service learns that the attempted service did not reach the person to be served. (5) Where service is effected by mail or a commercial delivery service (but not by fax or email), the time within which the person being served may respond shall be extended by five (5) days. (6) Statement of service. (i) Confirms that service has been made, (ii) Identifies each person served, (iii) Sets forth the date of service, and (iv) Recites the manner of service. (b) Service of decisions and orders. (c) Designation of person to receive service. (d) Filing of documents with the Proceedings Clerk. [email protected] (2) To be timely filed under this part, a document must be delivered in person; mailed by first-class or a more expeditious form of United States mail or by an overnight or similar commercial delivery service; or faxed or emailed to the Proceedings Clerk within the time prescribed for filing. (e) Formalities of filing. (2) First page. (3) Format. (4) Signatures. (ii) Effect. (A) He has read the document and knows the contents thereof; (B) If executed in any representative capacity, it was done with full power and authority to do so; (C) To the best of his knowledge, information, and belief, every statement contained in the document is true and not misleading; and (D) The document is not being interposed for delay. (5) Length and form of briefs. (f) Official docket. [41 FR 2511, Jan. 16, 1976, as amended at 41 FR 28260, July 9, 1976; 60 FR 54802, Oct. 26, 1995; 63 FR 55791, Oct. 19, 1998; 73 FR 63360, Oct. 24, 2008; 78 FR 12935, Feb. 26, 2013; 89 FR 71807, Sept. 4, 2024; 90 FR 55645, Dec. 3, 2025] Subpart B—Institution of Adjudica- tory Proceedings; Pleadings; Motions § 10.21 Commencement of the proceeding. An adjudicatory proceeding is commenced when a complaint and notice of hearing is filed with the Office of Proceedings. [63 FR 55791, Oct. 19, 1998; 63 FR 68829, Dec. 14, 1998] § 10.22 Complaint and notice of hearing. (a) Content. (1) The legal authority and jurisdiction under which the hearing is held; (2) The matters of fact and law to be considered and determined. The complaint shall set forth the matters of fact alleged therein in such manner as will permit a specific response to each allegation. The notice shall notify the respondent of his right to a hearing and shall specify the time required by § 10.23 of these rules for the filing of an answer and the consequence of failure to file an answer. (b) Service. (1) By publishing a notice of the filing of the proceeding and a summary of the complaint, approved by the Commission or the Administrative Law Judge, once a week for three consecutive weeks in one or more newspapers having a general circulation where the respondent's last known business or residence address was located and, if ascertainable, where the respondent is believed to reside or be doing business currently; and (2) By continuously displaying the complaint on the Commission's Internet web site during the period referred to in paragraph (b)(1) of this section. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995; 63 FR 55791, Oct. 19, 1998] § 10.23 Answer. (a) When required. (b) Content of answer. (1) A statement that the respondent admits, denies, or does not have and is unable to obtain sufficient information to admit or deny each allegation; a statement of a lack of information shall have the effect of a denial; any allegation not expressly denied shall be deemed to be admitted; (2) A statement of the facts supporting each affirmative defense. (c) Effect of failure to file answer. (d) Admission of all allegations of fact. (e) Motion for more definite statement. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995] § 10.24 Amendments and supplemental pleadings. (a) Complaint and notice of hearing. (b) Other pleadings. (c) Response to amended pleadings. (d) Pleadings to conform to the evidence. [41 FR 2511, Jan. 16, 1976, as amended at 63 FR 55791, Oct. 19, 1998] § 10.25 Form of pleadings. All averments of claim and defense shall be made in consecutively numbered paragraphs. The contents of each paragraph shall be limited as far as practicable to a single set of circumstances. § 10.26 Motions and other papers. (a) Presentation. (b) Answers to motions. (c) Motions for procedural orders. (d) Dilatory motions. (e) Review by the Commission. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995; 63 FR 55791, Oct. 19, 1998] Subpart C—Parties and Limited Participation § 10.31 Parties. The parties to an adjudicatory proceeding shall include the Division of Enforcement, each respondent named in the complaint and each person permitted to intervene pursuant to § 10.33 of these rules. A respondent shall cease to be a party or purposes of a pending proceeding when (a) a default order is entered against him pursuant to § 10.93; or (b) the Commission accepts an offer of settlement pursuant to § 10.108 of these rules. § 10.32 Substitution of parties. Upon motion and for good cause shown the Administrative Law Judge may order a substitution of parties. § 10.33 Intervention as a party. (a) Petition for Leave to Intervene. (b) Response to petition. (c) Leave to intervene—when granted. (d) Rights of intervenor. § 10.34 Limited participation. (a) Petitions for leave to be heard. (b) Rights of a participant. § 10.35 Permission to state views. Any person may, in the discretion of the Administrative Law Judge be permitted to file a memorandum or make an oral statement of his views, and the Administrative Law Judge may, in his discretion, accept for the record written communications received from any person. § 10.36 Commission review of rulings. Interlocutory review by the Commission of a ruling as to matters within the scope of § 10.33, § 10.34 or § 10.35 may be sought in accordance with the procedures set forth in § 10.101 of these rules without certification by the Administrative Law Judge. Subpart D—Prehearing Procedures; Prehearing Conferences; Discovery; Depositions § 10.41 Prehearing conferences; procedural matters. In any proceeding the Administrative Law Judge may direct that one or more conferences be held for the purpose of: (a) Clarifying issues; (b) Examining the possibility of obtaining stipulations, admissions of fact and of authenticity or contents of documents; (c) Determining matters of which official notice may be taken; (d) Discussing amendments to pleadings; (e) Limiting the number of witnesses; (f) Considering objections to the introduction of documentary evidence and the testimony of witnesses identified in prehearing materials filed or otherwise furnished by the parties pursuant to § 10.42; (g) Discussing adoption of shortened procedures pursuant to § 10.92; (h) Promoting a fair and expeditious hearing. At or following the conclusion of a prehearing conference, the Administrative Law Judge shall serve a prehearing memorandum containing agreements reached and any procedural determinations made by him, unless the conference shall have been recorded and transcribed in written form and a copy of the transcript has been made available to each party. [41 FR 2511, Jan. 16, 1976, as amended at 63 FR 55791, Oct. 19, 1998] § 10.42 Discovery. (a) Prehearing materials— In general. (i) An outline of its case or defense; (ii) The legal theories upon which it will rely; (iii) The identity, and the city and state of residence, of each witness, other than an expert witness, who is expected to testify on its behalf, along with a brief summary of the matters to be covered by the witness's expected testimony; (iv) A list of documents which it intends to introduce at the hearing, along with copies of any such documents which the other parties do not already have in their possession and to which they do not have reasonably ready access. (2) Expert witnesses. (i) A statement identifying the witness and setting forth his or her qualifications; (ii) A list of any publications authored by the witness within the preceding ten years; (iii) A list of all cases in which the witness has testified as an expert, at trial or in deposition, within the preceding four years; (iv) A complete statement of all opinions to be expressed by the witness and the basis or reasons for those opinions; and (v) A list of any documents, data or other written information which were considered by the witness in forming his or her opinions, along with copies of any such documents, data or information which the other parties do not already have in their possession and to which they do not have reasonably ready access. (3) The foregoing procedures shall not be deemed applicable to rebuttal evidence submitted by any party at the hearing. (4) In any action where a party fails to comply with the requirements of this paragraph (a), the Administrative Law Judge may make such orders in regard to the failure as are just, taking into account all of the relevant facts and circumstances of the failure to comply. (b) Investigatory materials— In general. (i) All documents that were produced pursuant to subpoenas issued by the Division or otherwise obtained from persons not employed by the Commission, together with each subpoena or written request, or relevant portion thereof, that resulted in the furnishing of such documents to the Division; and (ii) All transcripts of investigative testimony and all exhibits to those transcripts. (2) Documents that may be withheld. (i) The identity of a confidential source; (ii) Confidential investigatory techniques or procedures; (iii) Separately the market positions, business transactions, trade secrets or names of customers of any persons other than the respondents, unless such information is relevant to the resolution of the proceeding; (iv) Information relating to, or obtained with regard to, another matter of continuing investigatory interest to the Commission or another domestic or foreign governmental entity, unless such information is relevant to the resolution of the proceeding; or (v) Information obtained from a domestic or foreign governmental entity or from a foreign futures authority that either is not relevant to the resolution of the proceeding or was provided on condition that the information not be disclosed or that it only be disclosed by the Commission or a representative of the Commission as evidence in an enforcement or other proceeding. (3) Nothing in paragraphs (b)(1) and (b)(2) of this section shall limit the ability of the Division of Enforcement to withhold documents or other information on the grounds of privilege, the work product doctrine or other protection from disclosure under applicable law. When the investigation by the Division of Enforcement that led to the pending proceeding encompasses transactions, conduct or persons other than those involved in the proceeding, the requirements of (b)(1) of this section shall apply only to the particular transaction, conduct and persons involved in the proceeding. (4) Index of withheld documents. (5) Arrangements for inspection and copying. (6) Failure to make documents available. (7) Requests for confidential treatment; protective orders. (c) Witness statements In general. (i) Transcripts of investigative, deposition, trial or similar testimony given by the witness, (ii) Written statements signed by the witness, and (iii) Substantially verbatim notes of interviews with the witness, and all exhibits to such transcripts, statements and notes. For purposes of this paragraph (c), “substantially verbatim notes” means notes that fairly record the exact words of the witness, subject to minor, inconsequential deviations. Such statements shall include memoranda and other writings authored by the witness that contain information relating to his anticipated testimony. The Division of Enforcement shall produce witness statements pursuant to this paragraph prior to the scheduled hearing date, at a time to be designated by the Administrative Law Judge. Respondents shall produce witness statements pursuant to this paragraph at the close of the Division's case in chief during the hearing. If necessary, the Administrative Law Judge shall, upon request, grant the Division a continuance of the hearing in order to review and analyze any witness statements produced by the respondents. (2) Nothing in paragraph (c)(1) of this section shall limit the ability of a party to withhold documents or other information on the grounds of privilege, the work product doctrine or other protection from disclosure under applicable law. (3) Index of withheld documents. (4) Failure to produce witness statements. (d) Modification of production requirements. (e) Admissions Request for admissions. (2) Response. (3) Determining sufficiency of answers or objections. (4) Effect of admission. (f) Objections to authenticity or admissibility of documents Identification of documents. (2) Objections to authenticity or admissibility. (3) Rulings on objections. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995; 63 FR 55792, Oct. 19, 1998; 63 FR 68829, Dec. 14, 1998] § 10.43 Stipulations. The parties may by stipulation in writing at any stage of the proceeding, or orally made at hearing, agree upon any pertinent facts in the proceeding. It is desirable that the facts be thus agreed upon so far as and whenever practicable. Stipulations may be received in evidence at a hearing and when received in evidence shall be binding on the parties thereto. § 10.44 Depositions and interrogatories. (a) When permitted. (1) A prospective witness will be unable to attend or testify at a hearing on the basis of age, illness, infirmity, imprisonment or on the basis that he is or will be outside of the United States at the time of the hearing (unless it appears that the absence of the witness was procured by the party seeking to take the deposition), (2) His testimony is material, (3) It is necessary to take his deposition in the interest of Justice, the Administrative Law Judge may by order direct that his deposition be taken either orally or in the form of written interrogatories, and may issue a subpoena to compel the attendance of the witness for deposition. (b) Application for deposition. (1) The name and post office address of the witness; (2) The specific matters concerning which the witness is expected to testify and their relevance; (3) The reasons why the deposition should be taken, supported by affidavits and a physician's certificate, where appropriate; (4) The time when, the place where, and the name and address of the person before whom the deposition is to be taken; (5) A specification of the documents and materials which the deponent is requested to produce; (6) Application for any subpoenas. (c) Service and reply. (d) Time when, place where, and officer before whom deposition is taken— Where the deposition is taken. (2) Officer before whom taken. (ii) Within a foreign country, depositions may be taken before an officer or person designated by the Administrative Law Judge or agreed upon by the parties by a stipulation in writing to be filed with the Proceedings Clerk. (e) Procedures for taking oral depositions. (2) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, or any other objection to the proceeding shall be noted by the officer upon the deposition, and shall subsequently be determined by the Administrative Law Judge. Evidence objected to shall be taken subject to the objections. However, the parties may stipulate that, except as to objections to the form of questions, all objections to the matters testified to in a deposition are preserved for the hearing, whether or not raised at the time of deposition. (3) During the taking of a deposition a party or deponent may request and obtain an adjournment to permit an application to be made to the Administrative Law Judge for an order suspending the deposition on grounds of bad faith in the conduct of the examination, annoyance, embarrassment, oppression of a deponent or party, or improper questions. An attorney who requests and obtains an adjournment for this purpose but fails, without good cause, promptly to apply for relief to the Administrative Law Judge may be found guilty of contemptuous conduct in accordance with § 10.11(b) of these rules. (f) Procedures for use of interrogatories. (2) When a deposition is taken upon written interrogatories and cross-interrogatories, no party shall be present or represented and no person other than the witness, a stenographic reporter, and the officer shall be present. The officer shall propound the interrogatories and cross-interrogatories to the witness, and the interrogatories and responses thereto shall be transcribed and reduced to writing. (g) Use of depositions at hearing. (i) The witness is dead; (ii) The witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; (iii) The witness is out of the United States at the time of the hearing, unless it appears that the absence of the witness was procured by the party offering the deposition. (2) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts. (3) Objection may be made at a hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995] Subpart E—Hearings § 10.61 Time and place of hearing. (a) Notice. (b) Requests for change. § 10.62 Appearances. (a) Who may appear. (b) Effect of failure to appear. (2) A failure to appear at a hearing shall not constitute a waiver of a party's right to propose findings of fact based on the record in the proceeding, to propose conclusions of law or to submit briefs, in the manner provided in § 10.82, if the non-appearing party submits prior to the scheduled hearing or within three days thereafter, a notice of appearance indicating his intent to continue to participate in the proceeding. Otherwise, his failure to appear will constitute a default, and a default order may be sought in accordance with procedures set forth in § 10.93 of these rules. § 10.63 Consolidation; separate hearings. (a) Consolidation. (b) Separate Hearings. § 10.64 Public hearings. All hearings shall be public, except that upon application of a respondent or affected witness the Administrative Law Judge may direct that specific documents or testimony be received and retained non-publicly in order to prevent unwarranted disclosure of trade secrets or sensitive commercial or financial information or an unwarranted invasion of personal privacy. § 10.65 Record of hearing. (a) Reporting and transcription. (b) Corrections. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995] § 10.66 Conduct of the hearing. (a) Expedition. (b) Rights of parties. (c) Examination of witnesses. (d) Expert witnesses. (e) Exhibits. [41 FR 2511, Jan. 16, 1976, as amended at 63 FR 55793, Oct. 19, 1998; 63 FR 68829, Dec. 14, 1998] § 10.67 Evidence. (a) Admissibility. (b) Official notice. (i) Any material fact which might be judicially noticed by a district court of the United States; or (ii) Any matter in the public official records of the Commission. (2) If official notice is requested or taken of a material fact, any party, upon timely request, shall be afforded an opportunity to establish the contrary. (c) Objections. (d) Exceptions. (e) Excluded evidence. (f) Affidavits. (g) Official government records. (h) Entries in the regular course of business. § 10.68 Subpoenas. (a) Application for and issuance of subpoenas Application for and issuance of subpoena ad testificandum. (2) Application for subpoena duces tecum. (3) Standards for issuance of subpoena duces tecum. (4) Denial of application. (b) Special requirements relating to application for and issuance of subpoenas for commission records and for the appearance of commission employees or employees of other agencies Form. (i) The production of documents, papers, books, physical exhibits, or other material in the records of the Commission; (ii) The appearance of a Commissioner or an official or employee of the Commission; (iii) The appearance of a Commissioner or an official or employee of any other state or federal agency in his official capacity. (2) Content. (i) The relevance of the material, information, or testimony to the matters at issue in the proceeding; (ii) The reasonableness of the scope of the proposed subpoena; and (iii) That such material, information, or testimony is not available from other sources. (3) Rulings. (4) Commission review of rulings. (c) Motions to quash subpoenas; protective orders Application. (2) Disposition. (d) Attendance and mileage fees. (e) Service of subpoenas How effected. (2) Service upon a natural person. (i) Handing them to the person; (ii) Leaving them at his office with the person in charge thereof or, if there is no one in charge, by leaving them in a conspicuous place therein; (iii) Leaving them at his dwelling place or usual place of abode with some person of suitable age and discretion then residing therein; (iv) Mailing them by registered or certified mail to him at his last known address; or (v) Any other method whereby actual notice is given to him and the fees and mileage are timely made available. (3) Service upon other persons. (i) Handing them to a registered agent for service, or to any officer, director, or agent in charge of any office of such person; (ii) Mailing them by registered or certified mail to any such representative at his last known address; or (iii) Any other method whereby actual notice is given to any such representative and the fees and mileage are timely made available. (f) Enforcement of subpoenas. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995; 63 FR 55794, Oct. 19, 1998; 63 FR 68829, Dec. 14, 1998; 64 FR 30903, June 9, 1999] § 10.69 Reopening hearings. Any party may petition the Administrative Law Judge to reopen a hearing to adduce additional evidence at any time prior to issuance of the initial decision. The petition shall show that the evidence sought to be adduced is relevant and material and that there were reasonable grounds for failure to adduce such evidence at the time of the original hearing. Subpart F—Post Hearing Procedures; Initial Decisions § 10.81 Filing the transcript of evidence. As soon as practicable after the close of the hearing, the reporter shall transmit to the Proceedings Clerk the transcript of the testimony and the exhibits introduced in evidence at the hearing, except such portions of the transcript and exhibits as shall have been delivered to the Administrative Law Judge. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995] § 10.82 Proposed findings and conclusions; briefs. In any proceeding involving a hearing or an opportunity for hearing, the parties may file written proposed findings of fact and conclusions of law. Briefs may be filed in support of proposed findings and conclusions either as part of the same document or in a separate document. Any proposed finding or conclusion not briefed may be regarded as waived. (a) Proposed findings and briefs; time for filing. (1) Initial submission. (2) Answering submission. (3) Reply. (4) Submissions by limited participants. (b) Alternative procedures for submissions. (c) Briefs. (i) A short, clear and concise statement of the case; (ii) Specification of the questions to be resolved; and (iii) The argument, presenting clearly the points of fact and law relied upon in support of the position taken on each question. (2) The answering brief shall generally follow the same style as prescribed for the initial brief but may omit a statement of the case if the party does not dispute the statement of the case contained in the initial brief; (3) Reply briefs should be limited to rebuttal of matters in the prior briefs. (d) Content and form of proposed findings and conclusions. (2) The proposed findings and conclusions of the party filing initially shall be set forth in consecutively numbered paragraphs and all counter-statement of proposed findings and conclusions shall, in addition to any other matter, indicate which paragraphs of initial proposals are not disputed. § 10.83 Oral arguments. In his discretion the Administrative Law Judge may hear oral arguments by the parties any time before he files his initial decision with the Proceedings Clerk. The argument shall be recorded and transcribed in written form. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995] § 10.84 Initial decision. (a) When initial decision is required. (b) Filing of initial decision. (c) Effect of initial decision. (1) The decision shall not become final as to any party who shall have filed a notice of appeal pursuant to § 10.102 of these rules; and (2) The decision shall not become final as to any party to the proceeding if, within 30 days after the initial decision and order, the Commission itself shall have placed the case on its own docket for review or stayed the effective date of the decision. In the event that the initial decision becomes the final decision of the Commission with respect to a party, that party shall be duly notified thereof by the Proceedings Clerk. The notice shall state that the time for filing a notice of appeal by the party has expired, that the Commission has determined not to review the initial decision on its own initiative and shall specify the date on which a final order in the proceeding shall become effective as against that party. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995; 61 FR 21954, May 13, 1996; 63 FR 55794, Oct. 19, 1998] Subpart G—Disposition Without Full Hearing § 10.91 Summary disposition. (a) Filing of motions, answers. (b) Supporting papers. (c) Form of affidavits. (d) Oral argument. (e) Ruling on motion. (f) Review of ruling; appeal. § 10.92 Shortened procedure. (a) How initiated. (b) Filing of statements Opening statement. (2) Answering statement. (3) Statement in reply. (c) Joint statements. (d) Failure to file statement. (e) Content of statements. (1) Statements of fact signed and sworn to by persons having knowledge of those facts; (2) Documents filed as part of the proof of the alleged facts (which shall be duly authenticated under oath or otherwise in a manner that would render them admissible in evidence at an oral hearing under the rules in this part); and (3) Briefs containing argument to sustain the contentions of the party submitting the statement. (f) Verification. (g) Hearings Request for cross-examination or other hearings. (2) Hearings issues limited. (h) Subsequent procedure. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995; 64 FR 30903, June 9, 1999] § 10.93 Obtaining default order. When a respondent has failed to (a) file an answer as provided in § 10.23 of these rules or (b) failed to appear or file a notice of appearance as provided in § 10.62 of these rules or (c) failed to file a statement under the shortened procedures as provided in § 10.92 of these rules, the Division of Enforcement may move the Administrative Law Judge to enter findings and conclusions and a default order against that respondent based upon the matters set forth in the complaint, which shall be deemed to be true for purposes of this determination. § 10.94 Setting aside of default. In order to prevent injustice and on such conditions as may be appropriate, (a) the Commission may at any time set aside a default order obtained under § 10.93; and (b) the Administrative Law Judge may set aside a default order obtained under § 10.93 at any time prior to filing of his initial decision in a proceeding in which there are remaining respondents. Any motion to set aside a default shall be made within a reasonable time, and shall state the reasons for the failure to file or appear and specify the nature of the proposed defense in the proceeding. Subpart H—Appeals to the Commission; Settlements § 10.101 Interlocutory appeals. Interlocutory review by the Commission of a ruling on a motion by an Administrative Law Judge may be sought in accordance with the following procedures: (a) Scope of review. (1) Appeal from an adverse ruling pursuant to § 10.8(b) on a motion to disqualify an Administrative Law Judge; (2) Appeal from a ruling pursuant to § 10.11(b) suspending an attorney from participation in a particular proceeding. (3) Appeal from a ruling pursuant to §§ 10.33 and 10.34 denying intervention or limited participation; (4) Appeal from a ruling pursuant to § 10.68(b) requiring the appearance of an officer or employee of the Commission or another government agency or the production of Commission records; (5) Upon a determination by the Administrative Law Judge, certified to the Commission either in writing or on the record, that (i) A ruling sought to be appealed involves a controlling question of law or policy; (ii) An immediate appeal may materially advance the ultimate resolution of the issues in the proceeding; and (iii) Subsequent reversal of the ruling would cause unnecessary delay or expense to the parties. (b) Procedure to obtain interlocutory review In general. (2) An application for review shall: (i) Designate the ruling or part thereof from which appeal is being taken; (ii) Present the points of fact and law relied upon in support of the position taken; and (iii) Not exceed 15 pages. (3) Any party that opposes the application may file a response, not to exceed 15 pages, within five days after service of the application. (4) The Commission will determine whether to grant a review based upon the application for review and the response thereto, without oral argument or further written presentation, unless the Commission shall otherwise direct. (c) Proceedings not stayed. [41 FR 2511, Jan. 16, 1976, as amended at 63 FR 55794, Oct. 19, 1998; 64 FR 30903, June 9, 1999] § 10.102 Review of initial decisions. (a) Notice of appeal In general. (2) Cross appeals. (3) Confirmation of filing. (b) Briefs: Time for filing. (1) Appeal brief. (2) Answering brief. (3) Reply brief. (4) No further briefs shall be permitted, unless so ordered by the Commission on its own motion. (5) Cross appeals. If the appeal brief is not filed within the time specified the opposing party may move for dismissal of the appeal. (c) Briefs. (d) Briefs: Content and form. (i) A statement of the issues presented for review. (ii) A statement of the case. The statement shall first indicate briefly the nature of the case. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record. (iii) An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the party to the appeal with respect to the issues presented, and the reasons therefor, and citations to supporting authorities, statutes and parts of the record. (iv) A conclusion stating the precise relief sought. (2) The answering brief generally shall follow the same style as prescribed for the appeal brief but may omit a statement of the issues or of the case if the party does not dispute the issues and statement of the case contained in the appeal brief. Any reply brief shall be confined to matters raised in the answering brief and shall be limited to 15 pages in length. (3) Any matter not briefed shall be deemed waived, and may not be argued before the Commission. (e) Appendix to briefs— Designation of contents of appendix. (2) Preparation of the appendix. (3) Objections to appendix. The Commission has determined that once an appeal goes to the Commission, it is in a better position than the Chief Administrative Law Judge to review motions objecting to the appendix or seeking to supplement the appendix. Consequently, upon the adoption of this amendment, the Commission and not the Chief Administrative Law Judge will consider any objection to the appendix pursuant to paragraph (e)(3) of this section. As provided by the amendment, a motion raising objections to the appendix must be filed within 30 days after the date of the mailing of the appendix. (f) Effect of failure to file an appeal. (7 U.S.C. Secs. 4a, 12a; 5 U.S.C. Sec. 10) [41 FR 2511, Jan. 16, 1976, as amended at 41 FR 18071, Apr. 30, 1976; 41 FR 19932, May 14, 1976; 47 FR 5999, Feb. 10, 1982; 60 FR 54802, Oct. 26, 1995; 61 FR 21954, May 13, 1996; 63 FR 55794, Oct. 19, 1998; 63 FR 68829, Dec. 14, 1998; 64 FR 30903, June 9, 1999; 78 FR 12935, Feb. 26, 2013] § 10.103 Oral argument before the Commission. (a) Request. (b) Time allowed. (c) Reporting and transcription. (d) Commissioners not present at oral argument. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995] § 10.104 Scope of review; Commission decision. (a) Scope of review. (b) Decision on review. (c) Contents of record. (1) The complaint, notice of hearing, answers and any amendments thereto; (2) Any application, motion or objection made during the course of the proceeding, briefs in support thereof, rulings thereon and exceptions thereto; (3) Any admission or stipulations between the parties, and documents or papers filed in connection with prehearing conferences; and the record of prehearing conferences, if recorded; (4) The transcript of testimony taken at the hearing, together with exhibits received at the hearing; (5) Any statements filed under the shortened procedure; (6) Portions of the official public records of the Commission specified in any of the above; (7) Any proposed findings of fact, conclusions of law and briefs in support thereof, which were filed in connection with the hearing; (8) Any written communication accepted by the Administrative Law Judge pursuant to §§ 10.34 and 10.35 relating to limited participation; (9) The initial decision and the petition for review; (10) Any other documents which appear on the docket of the proceeding. § 10.105 Review by Commission on its own initiative. The Commission may on its own initiative, within 30 days after the initial decision has been served on all parties, direct review of any initial decision of an Administrative Law Judge. The Commission shall determine the scope of the review and the issues which will be considered and make provisions for the filing of briefs and oral argument, if deemed appropriate by the Commission. Notice that the Commission has directed review on its own initiative shall be served on all parties by the Proceedings Clerk. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995] § 10.106 Reconsideration; stay pending judicial review. (a) Reconsideration. (b) Stay pending judicial appeal— Application for stay. (2) Standards for issuance of stay. (i) The applicant is likely to succeed on the merits of his appeal; (ii) Denial of the stay would cause irreparable harm to the applicant; and (iii) Neither the public interest nor the interest of any other party will be adversely affected if the stay is granted. (3) Civil monetary penalties and restitution. (c) Response. [41 FR 2511, Jan. 16, 1976, as amended at 63 FR 55795, Oct. 19, 1998; 63 FR 68829, Dec. 14, 1998; 64 FR 30903, June 9, 1999; 89 FR 71807, Sept. 4, 2024] § 10.107 Leave to adduce additional evidence. Any time prior to issuance of the final decision the Commission may, upon its own motion or upon application in writing by any party, after notice to the parties and an opportunity for them to be heard, reopen the hearing for the reception of further evidence. The application shall show to the satisfaction of the Commission that the additional evidence is material, and that there were reasonable grounds for failure to adduce such evidence at the hearing. The Commission may hear the additional evidence or may refer the proceeding to the Administrative Law Judge for the taking of the additional evidence. § 10.108 Settlements. (a) When offers may be made. (b) Content of offer of settlement. (1) Acknowledge service of the Complaint; (2) Admit the jurisdiction of the Commission with respect to the matters set forth in the Complaint; (3) Include a waiver of: (i) A hearing, (ii) All post-hearing procedures, (iii) Judicial review, and (iv) Any objection to the staff's participation in the Commission's consideration of the offer; (4) Stipulate the record basis on which an order may be entered, which may consist solely of the complaint and the findings contained in the offer of settlement; and (5) Consent to the entry of an order reflecting the terms of settlement agreed upon, including, where appropriate: (i) Findings by the Commission that the respondent has violated specified provisions of the Act, and (ii) The imposition of sanctions. (c) Submission of offer of settlement. (d) Acceptance of offer by the Commission. (e) Rejection of offer of settlement; effect of rejection. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995; 90 FR 55645, Dec. 3, 2025] § 10.109 Delegation of authority to Chief of the Opinions Section. The Commodity Futures Trading Commission hereby delegates, until such time as it orders otherwise, the following function to the General Counsel, to be performed by him or by such person or persons under his direction as he may designate from time to time: (a) With respect to proceedings conducted pursuant to the Commodity Exchange Act, as amended, 7 U.S.C. 1 et seq., (1) Consider and decide miscellaneous motions for procedural orders that may be directed to the Commission pursuant to part 10 of these rules after the initial decision or other order disposing of the entire proceeding has been filed; such motions may be acted upon at anytime, without awaiting a response; (2) Remand, with or without specific instructions, initial decisions or other orders disposing of the entire proceeding to the appropriate officer in the following situations: (i) Where a default order has been made pursuant to § 10.93 of these rules and a motion to vacate the default or equivalent request has been directed to the Commission under § 10.94 without the benefit of a prior ruling by the Administrative Law Judge; (ii) Where, in his judgment, clarification or supplementation of the initial decision or other order disposing of the entire proceeding prior to Commission review is appropriate; however, the General Counsel or his designee may not direct that the record be reopened; (iii) Where, in his judgment, a ministerial act necessary to the proper conduct of the proceeding has not been performed; (3) Deny applications for interlocutory Commission review of a ruling of the Administrative Law Judge in cases in which the Administrative Law Judge has not certified the ruling to the Commission in the manner prescribed by § 10.101(a) of the rules; and the ruling does not concern the disqualification of, or a motion to disqualify, an Administrative Law Judge; and the ruling does not concern the suspension of, or failure to suspend, an attorney from participation in a particular proceeding, or the denial of intervention or limited participation; (4) Deny any application for interlocutory review in a proceeding if it is not filed in accordance with § 10.101(b) of these rules; (5) Dismiss any appeal from an initial decision or other disposition of the entire proceeding by an Administrative Law Judge, where such appeal is not filed and perfected in accordance with § 10.102 of these rules; (6) Strike any filing that does not meet the requirements of, or is not perfected in accordance with, part 10 of these rules; (7) Stay, for a limited period of time not to exceed ten working days, any order of the Commission entered in a proceeding subject to these rules; (b) Notwithstanding the provisions of paragraph (a) of this section, in any case in which the General Counsel or his designee believes it appropriate, he may submit the matter to the Commission for its consideration; (c) Within seven (7) days after service of a ruling issued pursuant to paragraph (a) of this section, a party may file with the Proceedings Clerk a petition for Commission reconsideration of the ruling. Unless the Commission orders otherwise, the filing of a petition for reconsideration shall not operate to stay the effective date of such ruling. [50 FR 33515, Aug. 20, 1985, as amended at 60 FR 54802, Oct. 26, 1995; 64 FR 43071, Aug. 9, 1999] Subpart I—Restitution Orders Source: 63 FR 55795, Oct. 19, 1998, unless otherwise noted. § 10.110 Basis for issuance of restitution orders. (a) Appropriateness of restitution as a remedy. (b) Restitution order. (1) All violations that form the basis for restitution; (2) The particular persons, or class or classes of persons, who suffered damages proximately caused by each such violation; (3) The method of calculating the amount of damages to be paid as restitution; and (4) If then determinable, the amount of restitution the respondent shall be required to pay. § 10.111 Recommendation of procedure for implementing restitution. Except as provided by § 10.114, after such time as any order requiring restitution becomes effective ( i.e., § 10.112 Administration of restitution. Based on the recommendations submitted pursuant to § 10.111, the Commission or the Administrative Law Judge, as applicable, shall establish in writing a procedure for identifying and notifying individual persons who may be entitled to restitution, receiving and evaluating claims, obtaining funds to be paid as restitution from the party and distributing such funds to qualified claimants. As necessary or appropriate, the Commission or the Administrative Law Judge may appoint any person, including an employee of the Commission, to administer, or assist in administering, such restitution procedure. Unless otherwise ordered by the Commission, all costs incurred in administering an order of restitution shall be paid from the restitution funds obtained from the party who was so sanctioned; provided, however, that if the administrator is a Commission employee, no fee shall be charged for his or her services or for services performed by any other Commission employee working under his or her direction. § 10.113 Right to challenge distribution of funds to customers. Any order of an Administrative Law Judge directing or authorizing the distribution of funds paid as restitution to individual customers shall be considered a final order for appeal purposes to be subject to Commission review pursuant to § 10.102. § 10.114 Acceleration of establishment of restitution procedure. The procedures provided for by §§ 10.111 through 10.113 may be initiated prior to the issuance of the initial decision of the Administrative Law Judge and may be combined with the hearing in the proceeding, either upon motion by the Division of Enforcement or if the Administrative Law Judge, acting on his own initiative or upon motion by a respondent, concludes that the presentation, consideration and resolution of the issues relating to the restitution procedure will not materially delay the conclusion of the hearing or the issuance of the initial decision.