FINRA Sets Effective Date to Make Video Hearings Available on a Permanent Basis

FINRA set an effective date of August 23, 2023 for rule amendments to make permanent COVID-related procedural relief that will allow video conference hearings before the Office of Hearing Officers ("OHO") and the National Adjudicatory Council ("NAC").

As previously covered, FINRA amended Rules 1015 ("Review by National Adjudicatory Council"), 9261 ("Evidence and Procedure in Hearing"), 9341 ("Oral Argument"), 9524 ("National Adjudicatory Council Consideration"), 9830 ("Hearing") and the Funding Portal Rule 900 ("Code of Procedure"). The final rules differ from previous temporary relief in that:

  • OHO and NAC will also have sua sponte authority to order hearings to occur by video conference based on a motion; and
  • there will be more flexibility for using video conference for oral arguments in disciplinary proceedings than for evidentiary hearings due to the differences between those types of hearings.

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