Compliance Rules

Part 3 - Compliance Procedures

RULE 3-8. PRE-HEARING PROCEDURES.

[Effective date of amendments: March 15, 1994; March 12, 1999; November 15, 2020 and July 1, 2024.]

(a) The Respondent shall be entitled to a reasonable pre-hearing examination of all evidence in the Compliance Department's possession or under its control that is to be relied upon by the Compliance Department or that is relevant to the Complaint. Such pre-hearing examination:

(i) must be requested by the Respondent in writing;

(ii) will consist of copies of documents and information that NFA will provide in an electronic format and transmit by e-mail or through a secure file transfer protocol; and

(iii) is subject to the Compliance Department's right to withhold any privileged material (including, but not limited to, the investigation report), pursuant to all common law and statutory privileges it has available to it.

(b) Within 30 days after the Chair of the Hearing Panel is appointed, the Chair shall schedule and hold a pre-hearing conference with the parties. The order scheduling the pre-hearing conference shall specify the issues to be covered in the pre-hearing conference, including setting discovery and motion deadlines and scheduling the hearing. Such conferences may be conducted by telephone. The Chair of the Hearing Panel shall determine location of any in-person hearing.

(c) The Chair of the Hearing Panel shall schedule pre-hearing conferences and hearing sessions and shall decide all pre-hearing motions concerning discovery, motion deadlines, location of any in-person hearing, continuances, and requests for telephonic or video testimony. All other motions shall be decided by the Hearing Panel.

(d) A motion for continuance shall be supported by an affidavit that provides a detailed description of the circumstances that form the basis for the continuance request.