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17 C.F.R. §§ 10.111–10.113

3 sections in range

§10.111. Recommendation of procedure for implementing restitution.

17 C.F.R. § 10.111

Except as provided by § 10.114, after such time as any order requiring restitution becomes effective (i.e., becomes final and is not stayed), the Division of Enforcement shall petition the Commission for an order directing the Division to recommend to the Commission or, in the Commission's discretion, the Administrative Law Judge a procedure for implementing restitution. Each party that has been ordered to pay restitution shall be afforded an opportunity to review the Division of Enforcement's recommendations and be heard.
Notes, amendments, and revision history

Source

Source: 63 FR 55795, Oct. 19, 1998, unless otherwise noted.

Authority

Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7 U.S.C. 2(a)(12).

Source

Source: 41 FR 2511, Jan. 16, 1976, unless otherwise noted.

§10.112. Administration of restitution.

17 C.F.R. § 10.112

Based on the recommendations submitted pursuant to § 10.111, the Commission or the Administrative Law Judge, as applicable, shall establish in writing a procedure for identifying and notifying individual persons who may be entitled to restitution, receiving and evaluating claims, obtaining funds to be paid as restitution from the party and distributing such funds to qualified claimants. As necessary or appropriate, the Commission or the Administrative Law Judge may appoint any person, including an employee of the Commission, to administer, or assist in administering, such restitution procedure. Unless otherwise ordered by the Commission, all costs incurred in administering an order of restitution shall be paid from the restitution funds obtained from the party who was so sanctioned; provided, however, that if the administrator is a Commission employee, no fee shall be charged for his or her services or for services performed by any other Commission employee working under his or her direction.
Notes, amendments, and revision history

Source

Source: 63 FR 55795, Oct. 19, 1998, unless otherwise noted.

Authority

Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7 U.S.C. 2(a)(12).

Source

Source: 41 FR 2511, Jan. 16, 1976, unless otherwise noted.

§10.113. Right to challenge distribution of funds to customers.

17 C.F.R. § 10.113

Any order of an Administrative Law Judge directing or authorizing the distribution of funds paid as restitution to individual customers shall be considered a final order for appeal purposes to be subject to Commission review pursuant to § 10.102.
Notes, amendments, and revision history

Source

Source: 63 FR 55795, Oct. 19, 1998, unless otherwise noted.

Authority

Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7 U.S.C. 2(a)(12).

Source

Source: 41 FR 2511, Jan. 16, 1976, unless otherwise noted.