17 CFR § 201.510 - Temporary cease-and-desist orders: Application process.

---
identifier: "/us/cfr/t17/s201.510"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "17 CFR § 201.510 - Temporary cease-and-desist orders: Application process."
title_number: 17
title_name: "Commodity and Securities Exchanges"
section_number: "201.510"
section_name: "Temporary cease-and-desist orders: Application process."
chapter_name: "SECURITIES AND EXCHANGE COMMISSION"
part_number: "201"
part_name: "RULES OF PRACTICE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 77s, 77sss, 78w, 78x, 80a-37, and 80b-11; 5 U.S.C. 504(c)(1)."
regulatory_source: "47 FR 610, Jan. 6, 1982, unless otherwise noted."
cfr_part: "201"
---


# 201.510 Temporary cease-and-desist orders: Application process.

(a) *Procedure.* A request for entry of a temporary cease-and-desist order shall be made by application filed by the Division of Enforcement. The application shall set forth the statutory provision or rule that each respondent is alleged to have violated; the temporary relief sought against each respondent, including whether the respondent would be required to take action to prevent the dissipation or conversion of assets; and whether the relief is sought *ex parte.*

(b) *Accompanying documents.* The application shall be accompanied by a declaration of facts signed by a person with knowledge of the facts contained therein, a memorandum of points and authorities, a proposed order imposing the temporary relief sought, and, unless relief is sought *ex parte,* a proposed notice of hearing and order to show cause whether the temporary relief should be imposed. If a proceeding for a permanent cease-and-desist order has not already been commenced, a proposed order instituting proceedings to determine whether a permanent cease-and-desist order should be imposed shall also be filed with the application.

(c) *With whom filed.* The application shall be filed with the Secretary or, if the Secretary is unavailable, with the duty officer. In no event shall an application be filed with an administrative law judge.

(d) *Record of proceedings.* Hearings, including *ex parte* presentations made by the Division of Enforcement pursuant to § 201.513, shall be recorded or transcribed pursuant to § 201.302.