17 CFR § 171.34 - Standards of review.
---
identifier: "/us/cfr/t17/s171.34"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "17 CFR § 171.34 - Standards of review."
title_number: 17
title_name: "Commodity and Securities Exchanges"
section_number: "171.34"
section_name: "Standards of review."
chapter_name: "COMMODITY FUTURES TRADING COMMISSION"
part_number: "171"
part_name: "RULES RELATING TO REVIEW OF NATIONAL FUTURES ASSOCIATION DECISIONS IN DISCIPLINARY, MEMBERSHIP DENIAL, REGISTRATION AND MEMBER RESPONSIBILITY ACTIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 4a, 12a and 21, unless otherwise noted."
regulatory_source: "55 FR 41068, Oct. 9, 1990, unless otherwise noted."
cfr_part: "171"
---
# 171.34 Standards of review.
(a) *Disciplinary actions.* In reviewing a final decision of the National Futures Association in a disciplinary action, the Commission shall affirm the order of the National Futures Association, unless the Commission finds that:
(1) The proceedings were not conducted in a manner consistent with fundamental fairness;
(2) The proceedings were not conducted in a manner consistent with the rules of the National Futures Association;
(3) The weight of the evidence does not support the findings of the National Futures Association concerning the relevant acts or practices engaged in or omitted;
(4) The determination that the acts or practices engaged in or omitted violated rules of the National Futures Association does not rest on a reasonable interpretation of the rules at issue;
(5) The National Futures Association's application of its rules is not consistent with the purposes of the Act;
(6) The National Futures Association's choice of sanction is excessive or oppressive in light of the violations found having due regard for the public interest.
(b) *Membership denial actions.* In reviewing a final decision of the National Futures Association in a membership denial action, the Commission shall affirm the order of the National Futures Association, unless the Commission finds that:
(1) The proceedings were not conducted in a manner consistent with fundamental fairness;
(2) The proceedings were not conducted in a manner consistent with the rules of the National Futures Association;
(3) The weight of the evidence does not support the findings made or adopted in the final decision;
(4) The conclusion of the National Futures Association is not consistent with the purposes of the Act.
(c) *Registration actions.* In reviewing a decision of the National Futures Association in a registration action, the Commission shall affirm the order of the National Futures Association unless the Commission finds that:
(1) The proceedings were not conducted in a manner consistent with fundamental fairness;
(2) The proceedings were not conducted in a manner consistent with the rules of the National Futures Association;
(3) The weight of the evidence does not support the findings made or adopted in the final decision;
(4) The conclusion of the National Futures Association is not consistent with the purposes of the Act.