17 C.F.R. § 201.180

Sanctions

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(a) Contemptuous conduct—(1) Subject to exclusion or suspension. Contemptuous conduct by any person before the Commission or a hearing officer during any proceeding, including at or in connection with any conference, deposition or hearing, shall be grounds for the Commission or the hearing officer to:

(i) Exclude that person from such deposition, hearing or conference, or any portion thereof; and/or

(ii) Summarily suspend that person from representing others in the proceeding in which such conduct occurred for the duration, or any portion, of the proceeding.

(2) Review procedure. A person excluded from a deposition, hearing or conference, or a counsel summarily suspended from practice for the duration or any portion of a proceeding, may seek review of the exclusion or suspension by filing with the Commission, within three days of the exclusion or suspension order, a motion to vacate the order. The Commission shall consider such motion on an expedited basis as provided in § 201.500.

(3) Adjournment. Upon motion by a party represented by counsel subject to an order of exclusion or suspension, an adjournment shall be granted to allow the retention of new counsel. In determining the length of an adjournment, the Commission or hearing officer shall consider, in addition to the factors set forth in § 201.161, the availability of co-counsel for the party or of other members of a suspended counsel's firm.

(b) Deficient filings; leave to cure deficiencies. The Commission or the hearing officer may reject, in whole or in part, any filing that fails to comply with any requirements of these Rules of Practice or of any order issued in the proceeding in which the filing was made. Any such filings shall not be part of the record. The Commission or the hearing officer may direct a party to cure any deficiencies and to resubmit the filing within a fixed time period.

(c) Failure to make required filing or to cure deficient filing. The Commission or the hearing officer may enter a default pursuant to § 201.155, dismiss one or more claims, decide the particular claim(s) at issue against that person, or prohibit the introduction of evidence or exclude testimony concerning that claim if a person fails:

(1) To make a filing required under these Rules of Practice; or

(2) To cure a deficient filing within the time specified by the Commission or the hearing officer pursuant to paragraph (b) of this section.

[60 FR 32796, June 23, 1995, as amended at 81 FR 50234, July 29, 2016]

Notes of Decisions

Cited in 4 cases, 2015–2020 · leading case: Bandimere v. United States Sec. & Exch. Comm'n, 844 F.3d 1168 (10th Cir. 2016).

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Bandimere v. United States Sec. & Exch. Comm'n, 844 F.3d 1168 (10th Cir. 2016). · cites it 2× “- 16 - Punish contemptuous conduct by excluding a person 17 C.F.R. § 201.180 (a) from a deposition, hearing, or conference or by suspending a person from representing others in the proceeding Regulate the course of the hearing and the conduct of 5 U.”

Hill v. Sec. & Exch. Comm'n, 114 F. Supp. 3d 1297 (N.D. Ga. 2015). “Plaintiff argues that SEC AO’s can issue final orders because if the respondent does not petition the SEC to review the AO’s initial order and the SEC does not decide to review the matter on its own, the action of the AO will be "deemed the action of the Commission.”

Gray Fin. Grp., Inc. v. Sec. & Exch. Comm'n, 166 F. Supp. 3d 1335 (N.D. Ga. 2015). “[48] at 33 (stating “SEC ALJs' power to punish contemptuous conduct is limited and does not include any ability to impose fines or imprisonment.”

White v. United States Sec. & Exch. Comm'n (2d Cir. 2020). “3d at 617 ; see also 17 C.F.R. § 201.180 (c) 2 1 (providing that the Commission may dismiss proceedings where respondent has failed “[t]o cure 2 a deficient filing within the time specified”).”

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