FINRA Discipline: FINRA Rule 9232
From the Desk of Jim Eccleston at Eccleston Law LLC:
This is the tenth in a series of posts to discuss the rules associated with the FINRA disciplinary process. FINRA Rule 9232 lays out the criteria for the selection of panelist in a disciplinary proceeding.
The rule states that the chief hearing officer determines which district committee should be the primary district committee from which the panelists may be selected or whether one of the panelists should be selected from the market regulation committee.
The primary district committee will be selected based on relevant facts and circumstance. For example, the selection should be based on the location of the respondent’s principal office, the location of the alleged misconduct, or the location of the witnesses at the time the complaint was filed. However, the chief hearing officer still can select a panelist from other primary district committees if the chief hearing officer determines that a candidate has more clearly met the necessary criteria or the public interest would be enhanced by the selection of a particular panelist.
After the selection of the primary district committee, the chief hearing officer will select the individual panelist from a pool of current members of the primary district committee. The chief hearing officer will examine the expertise, the absence of any conflict of interest or bias, the availability, and the number of times the candidate has served as a panelist in other disciplinary proceedings.
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Related Attorneys: James J. Eccleston
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