CFP

Financial Planning: Process and Rules - Article 8: Discovery And Evidence

8.1 Discovery
Discovery of a disciplinary case may be obtained only after a Complaint has been issued against a CFP Board designee. The CFP Board designee may obtain copies of all documents in the CFP Board designee's disciplinary file which are not privileged and which 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 Staff Counsel in writing. Release of information contained in a CFP Board designee's disciplinary file is premised on the understanding that materials will be used only for purposes directly connected to the pending CFP Board action.

8.2 Documents
Documents submitted by CFP Board designees to the Board for consideration in resolution of the issues raised during an investigation shall be limited to no more than 100 pages. No evidence may be accepted less than thirty (30) days prior to the scheduled hearing, except by motion at the hearing.

Should a CFP Board designee deem it necessary to exceed the 100 page limit, the CFP Board designee shall be required to submit a written memorandum that outlines clearly, and with reasonable particularity, how each and every document submitted by the CFP Board designee or on his or her behalf relates to the allegations contained in the CFP Board Complaint. After reviewing such outline, the Board shall determine which documents will be permitted.

8.3 Witnesses
Witnesses, if any, shall be identified to the Board no later than forty five (45) days prior to the scheduled hearing. When witnesses are identified, the CFP Board designee 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 Administrative Dismissal
If, upon receipt of a CFP Board designee's Answer to the Complaint, new information becomes available that may warrant a dismissal of the case prior to review by a Hearing Panel, the Director of the Professional Review Department and the Chair of the Board of Professional Review shall review all relevant materials and make such determination at that time.




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