(a)Act means the Commodity Exchange Act, as amended, 7 U.S.C. 1, et seq.;
(b)Adjudicatory proceeding means a judicial-type proceeding leading to the formulation of a final order;
(c)Administrative Law Judge means an administrative law judge appointed pursuant to the provisions of 5 U.S.C. 3105 (provisions of the rules in this part which refer to Administrative Law Judges may be applicable to other Presiding Officers as well, as set forth in § 10.8);
(d)Administrative Procedure Act means those provisions of the Administrative Procedure Act, as codified, which are contained in 5 U.S.C. 551 through 559;
(e)Commission means the Commodity Futures Trading Commission;
(f)Complaint means any document initiating an adjudicatory proceeding, whether designated a complaint or an order for proceeding or otherwise;
(g)Division of Enforcement means that office in the Commission that prosecutes a complaint issued by the Commission;
(h)Hearing means that part of a proceeding which involves the submission of evidence, either by oral presentation or written submission;
(i)Proceedings Clerk means that member of the Commission's staff designated as such in the Commission's Office of Proceedings.
(j)Order means the whole or any part of a final procedural or substantive disposition of a matter by the Commission or by the Presiding Officer in a matter other than rulemaking;
(k)Party includes a person or agency named or admitted as a party to a proceeding;
(l)Person includes an individual, partnership, corporation, association, exchange or other entity or organization;
(m)Pleading means the complaint, the answer to the complaint, any supplement or amendment thereto, and any reply that may be permitted to any answer, supplement or amendment;
(n)Presiding Officer means a member of the Commission, and Administrative Law Judge, or a hearing officer designated by the Commission to conduct a hearing on a specific matter, or the Commission itself, if it is to preside at or accept the introduction of evidence in a particular proceeding (provisions of the rules in this part which refer to Administrative Law Judges may be applicable to other Presiding Officers as well, as set forth in § 10.8);
(o)Respondent means a party to an adjudicatory proceeding against whom findings may be made or relief or remedial action may be taken.
[41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54801, Oct. 26, 1995]
Title 17 published on 2012-04-01
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