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CFP

Financial Planning: Process and Rules - Article 16 and 17


Article 16: Confidentiality of Proceedings


16.1 Confidentiality
Except as otherwise provided in these Procedures, all proceedings conducted pursuant to these Procedures shall be confidential and the records of the Board, Hearing Panel, CFP Board Staff Counsel and CFP Board staff shall remain confidential and shall not be made public.

16.2 Exceptions to Confidentiality
The pendency, subject matter and status of proceedings conducted pursuant to these Procedures may be disclosed if: (1) the proceeding is predicated on criminal conviction or professional suspension as defined herein; or (2) the CFP Board designee has waived confidentiality; or (3) such disclosure is required by legal process of a court of law or other governmental body or agency having appropriate jurisdiction; or (4) in proceedings involving a consumer, CFP Board staff contacts the consumer and/or the CFP Board designee's current and/or former employer to request documents relevant to the proceeding.

Article 17: General Provisions

17.1 Quorum
A majority of members of the Board shall be present in order to constitute a quorum of such Board, and the approval of a majority of the quorum shall be the action of such Board.

17.2 Notice and Service
Except as may otherwise be provided in these Procedures, notice shall be in writing and the giving of notice and/or service shall be sufficient when made either personally or by certified mail or overnight mail sent to the last known address of the CFP Board designee according to the records of CFP Board.

17.3 Costs
In all disciplinary cases wherein a hearing is convened, the Board will assess, against the CFP Board designee, the costs of the proceedings. In addition, a CFP Board designee who desires an appearance, whether telephonically or in person, or who submits an Offer of Settlement pursuant to Article 13, will be required to submit hearing costs not less than thirty (30) days prior to the date of the scheduled hearing. In the event that the hearing results in a dismissal without merit, the hearing costs shall be refunded to the CFP Board designee. Hearing costs will not be refunded if the hearing results in any action other than a dismissal without merit. A CFP Board designee who petitions for reinstatement from a suspension or revocation or who petitions for appeal shall bear the costs of such proceeding.

17.4 Electronic Signature
Some documents that require a handwritten signature may be submitted electronically through CFP Board's closed website. Any document received by CFP Board through this process shall constitute conclusive proof that: (1) the CFP Board designee whose name appears on the document submitted such document; and (2) the CFP Board designee intended to be bound by the terms and conditions contained therein. Accordingly, the document shall be as legally binding as any containing a handwritten signature.




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