FINRA Discipline: FINRA Rule 9253
From the Desk of Jim Eccleston at Eccleston Law LLC:
This is the seventeenth in a series of posts to discuss the rules associated with the FINRA disciplinary process. FINRA Rule 9253 states that a respondent in a disciplinary proceeding has the right to file a motion requesting that FINRA produce for inspection and copying any transcribed or recorded statement of any person called or to be called as a witness. A respondent can also file a motion to request the inspection and copying of any written statement made by any interested FINRA staff member during an examination of an oral statement made by a person called or to be called as a witness.
If FINRA fails to hand over the requested documents for inspection to a respondent, a rehearing will be granted if the respondent establishes that the failure to provide the statement was not a harmless error. The decision on whether a rehearing will be granted is decided by the hearing officer, or upon appeal or review, a subcommittee.
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Related Attorneys: James J. Eccleston
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