CFP Board Enforcement Process: Hearings
From the Desk of Jim Eccleston at Eccleston Law LLC:
This is the eighth of several posts detailing the CFP Board enforcement process. This post will focus on the CFP Board’s procedure regarding hearings.
In any case presented to the CFP Board’s Disciplinary and Ethics Commission (“DEC”), the CFP Board must hold a hearing if one is requested by Respondent, CFP Board Counsel, or the DEC. This hearing may be held in person, by telephone or by video conference. If a hearing is not requested, the DEC has the authority to resolve the matter based on the written record. If a hearing is to be held, the CFP Board must provide a Notice of Hearing no less than 30 calendar days prior to the hearing.
If Respondent wishes to continue a hearing, they may make a written request to the CFP Board Counsel, who may grant or deny the request. If CFP Board Counsel denies the request, Respondent may file a Motion for Continuance. If CFP Board Counsel wishes to continue a hearing, they may do so and must inform Respondent no less than 30 calendar days before the new hearing date.
The hearing will be held in front of a panel of at least three people. A majority of the hearing panel must be CFP professionals, and a majority must be DEC members. The chair of the hearing panel must be a DEC member.
CFP professionals who receive an inquiry or a complaint from the CFP Board should contact the professionals at Eccleston Law for a free consultation.
The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial investors and advisors including Securities Fraud, Compliance Protection, Breach of Fiduciary Duty, FINRA Matters, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.
Tags: CFP Board, Ethics Commission