9233. Hearing Panel or Extended Hearing Panel: Recusal and Disqualification of Hearing Officers
This rule is no longer applicable. NASD Rule 9233 has been superseded by FINRA Rule 9233. Please consult the appropriate FINRA Rule.
(a) Recusal, Withdrawal of Hearing Officer
If at any time a Hearing Officer determines that he or she has a conflict of interest or bias or circumstances otherwise exist where his or her fairness might reasonably be questioned, the Hearing Officer shall notify the Chief Hearing Officer and the Chief Hearing Officer shall issue and serve on the Parties a notice stating that the Hearing Officer has withdrawn from the matter. In the event that a Hearing Officer withdraws, is incapacitated, or otherwise is unable to continue service after being appointed, the Chief Hearing Officer shall appoint a replacement Hearing Officer. In such a case, the replacement Hearing Officer shall proceed according to Rule 9231(e).
(b) Motion for Disqualification
A Party may move for the disqualification of a Hearing Officer. A motion shall be based upon a reasonable, good faith belief that a conflict of interest or bias exists or circumstances otherwise exist where the Hearing Officer's fairness might reasonably be questioned, and shall be accompanied by an affidavit setting forth in detail the facts alleged to constitute grounds for disqualification, and the dates on which the Party learned of those facts. Such motions shall be filed not later than 15 days after the later of:
(1) when the Party learned of the facts believed to constitute the disqualification; or
(2) when the Party was notified of the assignment of the Hearing Officer.
(c) Disposition of Disqualification Motion
A motion for disqualification of a Hearing Officer shall be decided by the Chief Hearing Officer who shall promptly investigate whether disqualification is required and issue a written ruling on the motion. In the event of a disqualification of the Hearing Officer, the Chief Hearing Officer shall appoint a replacement Hearing Officer.
Amended by SR-NASD-2002-70 eff. May 30, 2002.
Adopted by SR-NASD-97-28 eff. Aug. 7, 1997.