Disciplinary Rules and Procedures
for Financial Transitionists® - continued


11.2    Timing

A Motion for Reconsideration must be made within forty five (45) calendar days of the date of the final order or decision.

SECTION 12
REINSTATEMENT

12.1    Reinstatement After Revocation

 

 

Revocation shall be permanent, and there shall be no opportunity for reinstatement, except where revocation is automatically applied due to revocation of another designation, as provided in Sections 2 and 3. If a Respondent receives an automatic bar due to revocation of another designation, but later receives another qualifying designation, he or she may apply for reinstatement as if the automatic bar was a suspension.

12.2    Reinstatement After Suspension – Request for Reinstatement

A suspended Respondent shall be automatically reinstated upon the expiration of the period of suspension, provided the Respondent files a Request for Reinstatement with the CDC within thirty (30) calendar days of the expiration of the period of suspension. The Request for Reinstatement must include an affirmation that Respondent:

(a) meets all current requirements for CeFT® certification, as they exist at the time of the expiration of the suspension;

(b) has complied with all disciplinary orders or decisions of the CDC;

(c) is fit to use the CeFT® mark and designation; and

(d) was not the subject of any disciplinary action or investigation by any Regulatory Body during the pendency of Respondent’s suspension.

The Request for Reinstatement will be granted or denied at the sole discretion of the then-presiding CDC Chair.

 

SECTION 13
CONFIDENTIALITY OF PROCEEDINGS

13.1    Confidentiality

Except as otherwise provided herein, all FTI proceedings and investigations shall be confidential and the records of the CDC, the Hearing Officer, and FTI, as well as all pleadings and submissions of Respondent, shall remain confidential and shall not be made public or provided to any person or entity.

13.2    Exceptions to Confidentiality

Subject to privilege and work product doctrines, FTI may release the pleadings and records submitted during disciplinary investigations or proceedings if the records are subpoenaed by a court or Regulatory Body of competent jurisdiction or if the Respondent has waived confidentiality.


Section 14
GENERAL PROVISIONS

14.1    Quorum

Two-thirds of the members of the CDC must be present in order to constitute a quorum, and the approval of a majority of the quorum shall constitute the action of such CDC.

14.2    Methods of Notice and Service

Except as may otherwise be provided in these Disciplinary Rules, notice shall be in writing and the giving of notice and/or service shall be sufficient when  made by certified mail sent to the last known address of the Respondent according to the records of FTI, unless otherwise agreed by the parties in writing. Upon designation of counsel, all communications, including notice and service, shall be made by certified mail to counsel, unless otherwise agreed by all parties in writing. 

14.3    Costs

The CDC will assess any and all costs associated with disciplinary proceedings or investigations to the Respondent. In the event that the hearing results in a dismissal of charges or allegations without merit, the hearing costs shall be refunded to the Respondent. The CDC may, in its sole discretion, decide not to assess costs against a Respondent due to financial need or otherwise.

14.4    Publication of Disciplinary Decisions

FTI shall publish the fact of a suspension, revocation or permanent bar, and may identify the Respondent in a press release, on the FTI website, or otherwise as it desires in its sole discretion.

14.5    Requirement of Written Instrument

Any provision herein that requires a notice or communication to be in writing expressly includes email or facsimile.

 

 

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