17 C.F.R. § 12.100

Scope and applicability of rules

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(a) In general. The rules set forth in this subpart are applicable only to proceedings forwarded pursuant to § 12.26(a) of the Reparation Rules. The rules of subpart B permitting discovery are applicable in a voluntary decisional proceeding. Unless specifically made applicable, the rules prescribed in subparts D, E, and F shall not apply in a voluntary decisional proceeding.

(b) Waiver by electing the voluntary decisional procedure. By electing the voluntary decisional procedure, parties waive the opportunity for an oral hearing and whatever rights they may have otherwise had: to receive a written statement of the findings of fact upon which the final decision is based; to prejudgment interest in connection with a reparation award; to appeal to the Commission the final decision; and to appeal the final decision to a U.S. Court of Appeals pursuant to section 14(e) of the Commodity Exchange Act, 7 U.S.C. 18(e).

Notes of Decisions

Cited in 1 case, 1996–1996 · leading case: Carr Investments, Inc. v. Commodity Futures Trading Comm'n, 87 F.3d 9 (1st Cir. 1996).

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Carr Investments, Inc. v. Commodity Futures Trading Comm'n, 87 F.3d 9 (1st Cir. 1996). “Davis also requested that the case proceed under the Commission’s voluntary decisional proceeding, 17 C.F.R. §§ 12.100 -.106, and paid the required $25 filing fee, 49 Fed.”

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