CFP

Financial Planning: Process and Rules - Article 7: Complaint - Answer Default


7.1 Complaint
An original Complaint shall be prepared by CFP Board staff and forwarded to the CFP Board designee. Copies of the Complaint shall be included with the materials provided to the Hearing Panel in advance of the hearing. The Complaint shall reasonably set forth the grounds for discipline with which the CFP Board designee is charged and the conduct or omission which gave rise to those charges.

7.2 Service of the Complaint
CFP Board staff shall promptly serve the Complaint upon the CFP Board designee either by personal service or by certified mail, return receipt requested, mailed to the last known address of the CFP Board designee or as provided in Article 17.2.

7.3 Answer
All Answers to Complaints shall be in writing. The Answer shall be submitted within twenty (20) calendar days from the date of service of the Complaint on the CFP Board designee. The CFP Board designee shall file an original of such Answer with CFP Board. A copy of the Answer shall be included with the materials provided to the Hearing Panel in advance of the hearing. In the Answer, the CFP Board designee shall respond to every material allegation contained in the Complaint. In addition, the CFP Board designee shall set forth in the Answer any defenses or mitigating circumstances.

7.4 Default and Orders of Revocation and Denial
If the CFP Board designee fails to file an Answer within the period provided by Article 7.4, the CFP Board designee shall be deemed to be in default, and the allegations set forth in the Complaint shall be deemed admitted. In such circumstance, CFP Board Staff Counsel shall serve upon the CFP Board designee, consistent with Article 7.3, an Order of Revocation or, in cases involving a candidate for certification, an Order of Denial. Such orders shall state clearly and with reasonable particularity the grounds for the revocation or denial of the CFP Board designee's right to use the marks. These Orders are subject to the CFP Board designee's right of appeal as outlined in Article 11.

7.5 Request for Appearance
Upon the filing of an Answer, the CFP Board designee may request an appearance at the hearing before the Hearing Panel, at which the CFP Board designee may present arguments, witnesses and evidence on his or her behalf.




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