ARTICLE 8: DISCOVERY AND EVIDENCE
Discovery of a disciplinary case may be obtained only after a Complaint has been issued against a Respondent. A Respondent may obtain copies of all documents in the
Respondent’s disciplinary file that are not privileged or do not constitute attorney work product and are relevant to the subject matter in the pending action before the Hearing Panel. Requests for copies of CFP Board documents must be made to CFP Board Counsel in writing. Release of information contained in a Respondent’s disciplinary file is premised on the understanding that materials will be used only for purposes directly connected to the pending CFP Board action.
Documents submitted by a Respondent to the DEC for consideration in resolution of the issues raised during an investigation shall be limited to 100 pages. No evidence may be accepted less than 45 calendar days prior to the scheduled hearing, except by motion at the hearing. Should a Respondent deem it necessary to exceed the 100 page limit, the Respondent shall be required to submit a written memorandum that outlines clearly and with reasonable particularity how each and every document submitted by the Respondent or on his or her behalf relates to the allegations contained in the CFP Board Complaint. After reviewing such outline, the DEC shall determine which documents will be permitted.
Witnesses, if any, shall be identified by the Respondent and CFP Board no later than 45 calendar days prior to the scheduled hearing. When witnesses are identified, the Respondent and CFP Board shall also state the nature and extent of the witnesses’ testimony, as well as whether the witnesses will appear in person or via telephone.
8.4 Respondent’s Counsel
Respondent’s Counsel, if any, shall be identified to CFP Board no later than 45 calendar days prior to the scheduled hearing. When Respondent’s Counsel is identified, the Respondent shall provide the counsel’s contact information as well as whether the counsel will appear in person or via telephone. Respondent’s counsel must be an active member in good standing of the bar of a United States state, jurisdiction, possession, territory or dependency.
8.5 Administrative Dismissal
If, upon receipt of a Respondent’s Answer to the Complaint, new information becomes available that eliminates all questions of fact and may warrant a dismissal of the case
prior to review by a Hearing Panel, CFP Board Counsel may administratively dismiss the Complaint.
Articles 9, 10, 11 and 12
Financial AdvisorThe Certified Financial Planner Board of Standards promotes standards and ethics in financial planning and enforces CFP certification requirements.
Financial AdvisorDon’t skimp on the CFP designation. Here's why those three letters show that someone is qualified in financial and investment planning.
Financial AdvisorThe workload doesn't end with your exam. Find out how to keep up your CFP credential.
Financial AdvisorStarting in September the CFP Board will have the option of making public the results of arbitration disputes.
Financial AdvisorThe CFP Board of Standards regularly disciplines advisors for sidestepping the rules. Here are three recent examples to learn from.
Financial AdvisorAn overview of the top three credentials for financial advisors and what they require.
InvestingSome micro caps, such as Counsel, fly under the radar but offer the potential for big returns.
Personal FinanceIt hasn't been a great year for cybersecurity, from Target's Black Friday hacking to this month's security breach at JPMorgan Chase.
Personal FinanceHow to hook up with a counselor who can help you make the right decision about this trickiest of financing vehicles.
Financial AdvisorA recent study shows a few key areas of financial planning that advisors are overlooking for wealthy individuals. Here's how to better help them.