Table of Contents
SERIES 24 | FINANCIAL REGULATION COURSES
FINRA Rule 9147 consists of a single sentence that establishes one of the broadest grants of authority in the entire Code of Procedure: the FINRA Board, the National Adjudicatory Council, a Hearing Officer, or any other Adjudicator shall have full authority, except as otherwise provided by the Code, to rule on a procedural motion and any other procedural or administrative matter arising during the course of a proceeding conducted pursuant to the Code, subject to the rights of review or appeal provided by the Code.
Despite its brevity, FINRA Rule 9147 is architecturally foundational — it supplies the general source of Adjudicator authority over proceeding management that makes the entire Code of Procedure function as a coherent and adaptive system.
Without FINRA Rule 9147's full authority grant, every specific procedural power exercised by a Hearing Officer or other Adjudicator would require explicit textual authorization in the Code's specific rules, a requirement that would make the Code inflexible and unable to address the countless procedural and administrative issues that arise in the course of complex disciplinary proceedings that no rule drafter could fully anticipate.
FINRA Rule 9147 sits within the 9140 Proceedings subsection of the 9100 Application and Purpose section of the 9000 Code of Procedure series. It was adopted by SR-NASD-97-28 effective August 7, 1997, amended by SR-NASD-97-81 effective January 16, 1998, and last amended by SR-FINRA-2008-021 effective December 15, 2008 as part of the consolidated FINRA rulebook transition announced in Regulatory Notice 08-57.
The rule has not been substantively amended since 2008. One selected notice is associated with the rule — Regulatory Notice 08-57.
The phrase full authority is the operative core of FINRA Rule 9147. It is not limited authority, enumerated authority, or authority subject to a list of specified powers. It is full authority — the broadest possible grant — subject only to two explicit qualifiers. The first qualifier — except as otherwise provided by the Code — ensures that specific Code provisions that limit, channel, or allocate procedural authority in particular ways take precedence over the general grant. The second qualifier — subject to the rights of review or appeal provided by the Code — confirms that FINRA Rule 9147's authority grant does not make procedural rulings immune from challenge; it simply means that challenges must proceed through the Code's designated review mechanisms rather than through collateral attack.
This comprehensive authority structure mirrors the administrative law framework that governs federal agency administrative proceedings. The SEC's Hearing Officer authority provision at 17 CFR Section 201.111 similarly provides that hearing officers have the authority to do all things necessary and appropriate to discharge their duties, with a non-exhaustive enumeration of specific powers. FINRA Rule 9147's full authority grant operates on the same principle — it empowers Adjudicators to act as genuine administrators of the proceedings before them, not merely as passive recipients of party-initiated motions whose authority is confined to what the specific rules explicitly permit.
The phrase procedural or administrative matter encompasses every category of issue that arises in the management of a Code proceeding that does not directly adjudicate the substantive charges — the determination of guilt and sanction that is reserved for the full Hearing Panel or other designated decision-making body under FINRA Rule 9146(j).
At the pre-hearing stage, FINRA Rule 9147 authority covers the Hearing Officer's management of the entire pre-hearing phase: issuing scheduling orders, conducting pre-hearing conferences pursuant to FINRA Rule 9241, managing the pre-hearing submission process under FINRA Rule 9242, ruling on motions to consolidate or sever proceedings under FINRA Rule 9214, ruling on discovery disputes and motions to compel under FINRA Rule 9252, ruling on protective order motions under FINRA Rule 9146(k), granting or denying extensions of time and postponements under FINRA Rule 9222, and addressing any other pre-hearing administrative issue that requires resolution before the hearing begins.
During the hearing itself, FINRA Rule 9147 authority covers the Hearing Officer's management of every aspect of hearing conduct — maintaining order in the hearing room, ruling on evidentiary objections in real time, managing witness examination including ruling on the scope of cross-examination, determining whether exhibits are admitted into the record, regulating the timing and structure of presentations, addressing disruptions and procedural incidents, and managing all other in-hearing administrative matters. The Hearing Officer's authority to exclude disruptive persons from the hearing — which FINRA Rule 9280 governs in the specific case of contumacious attorneys and representatives — flows from FINRA Rule 9147's full authority as well as the specific procedural rule.
After the hearing, FINRA Rule 9147 authority covers the Hearing Officer's management of the post-hearing phase — setting the schedule for proposed findings of fact and conclusions of law under FINRA Rule 9266, ruling on post-hearing procedural motions, managing the Hearing Panel's deliberation schedule, and addressing administrative matters that arise between hearing completion and decision issuance.
At the appellate level, the NAC's FINRA Rule 9147 authority covers the full range of appellate proceeding management — setting briefing schedules for appeals under the Rule 9300 series, ruling on motions to dismiss appeals for abandonment under FINRA Rule 9344, determining whether oral argument will be permitted under FINRA Rule 9341, and addressing all other administrative matters that arise in the course of appellate review. The FINRA Board's FINRA Rule 9147 authority similarly covers the full range of Board-level review proceedings.
The except as otherwise provided by the Code qualifier creates an important relationship between FINRA Rule 9147's general authority grant and the Code's specific procedural rules. Many specific Code rules provide detailed guidance on particular procedural matters — but they do so as elaborations of and limitations on the general authority, not as the exclusive sources of that authority.
FINRA Rule 9146(j)'s allocation of motion decision authority is an important illustration. FINRA Rule 9146(j) provides that in Rule 9200 series proceedings, procedural motions may be decided by the Hearing Officer alone while summary disposition motions require full Hearing Panel majority vote. This specific allocation modifies the general FINRA Rule 9147 authority — the Hearing Officer's full authority under FINRA Rule 9147 does not extend to deciding summary disposition motions unilaterally, because FINRA Rule 9146(j) specifically requires Panel majority for such decisions. The except as otherwise provided by the Code qualifier preserves these specific allocations without requiring FINRA Rule 9147 to enumerate every limitation.
FINRA Rule 9222's provisions on extensions, postponements, and adjournments similarly channel the Hearing Officer's scheduling authority into specific procedural requirements — good cause showings, notice requirements, and consideration of factors affecting other parties. FINRA Rule 9222 specifies how the scheduling authority that FINRA Rule 9147 grants must be exercised in the particular context of time extensions and hearing postponements. The specific rule governs the exercise of the general authority; neither displaces the other.
The full authority grant of FINRA Rule 9147 serves FINRA's mandate to conduct disciplinary proceedings efficiently and expeditiously — a mandate reflected throughout the Code and in FINRA's own public statements about the importance of moving disciplinary cases to resolution without unnecessary delay. An Adjudicator equipped with full procedural authority can actively manage proceedings to prevent delay, address obstructive behavior, impose reasonable deadlines, and maintain the momentum of the proceeding toward a timely hearing and decision. An Adjudicator constrained to only explicitly enumerated powers would face constant argumentation from parties about whether specific actions fall within the enumerated list — a dynamic that would itself generate procedural delay and dispute.
The OHO's published guidance on the disciplinary hearing process confirms this efficiency orientation: the Code of Procedure ensures that hearings are conducted fairly, Hearing Panels and Hearing Officers act impartially and objectively, and cases are concluded as expeditiously as possible. FINRA Rule 9147's full authority grant is the procedural instrument through which the expeditious conclusion mandate is operationalized — Adjudicators have the tools they need to keep proceedings on track without being constrained by gaps in the Code's specific procedural rules.
FINRA Rule 9147 and FINRA Rule 9148 are sequential and complementary provisions. FINRA Rule 9147 grants full procedural authority — establishing the source of Adjudicator power over proceeding management. FINRA Rule 9148 then addresses the review of that authority — establishing the strong presumption against interlocutory review of procedural rulings and confirming that adverse procedural rulings must generally be preserved for post-proceeding appeal rather than challenged mid-proceeding. The two rules together create the balanced framework: broad authority to manage proceedings efficiently, combined with a strong default against disrupting proceedings through interlocutory challenges to procedural rulings.
The subject to the rights of review or appeal provided by the Code qualifier in FINRA Rule 9147 directly points to FINRA Rule 9148 and the Code's broader appellate framework. A Hearing Officer exercising full authority under FINRA Rule 9147 knows that their procedural rulings are subject to review on appeal of the final decision — creating appropriate accountability for procedural decisions while preserving the proceeding's forward momentum. A party who believes a Hearing Officer's procedural ruling was incorrect has the opportunity to raise that challenge in an appeal to the NAC under FINRA Rule 9311, where the full record — including the procedural ruling and its consequences for the proceeding — can be assessed in the context of the complete case.
FINRA Rule 9147 is tested on the Series 24 General Securities Principal examination in the context of Adjudicator authority in Code of Procedure proceedings, the scope of Hearing Officer powers, and the relationship between general procedural authority and specific Code provisions. The rule's single-sentence structure belies its foundational importance to the operation of every FINRA disciplinary proceeding.
The key points to retain are these: FINRA Rule 9147 grants the FINRA Board, the National Adjudicatory Council, Hearing Officers, and all other Adjudicators full authority to rule on procedural motions and any other procedural or administrative matter arising during any Code proceeding; the full authority formulation is a comprehensive general grant — not a list of enumerated powers — that supplies the source of Adjudicator authority for every procedural and administrative decision made in the course of a proceeding; the grant is subject to two qualifiers — specific Code provisions that limit or channel authority in particular ways take precedence, and all procedural rulings remain subject to the rights of review and appeal that the Code provides; the full authority grant covers the complete lifecycle of proceeding management including scheduling, discovery, pre-hearing conferences, evidence management, hearing conduct, and post-hearing administration at both the OHO hearing level and the NAC appellate level; the general authority of FINRA Rule 9147 is elaborated and in specific respects limited by specific Code provisions such as FINRA Rule 9146(j)'s allocation of summary disposition authority to the full Hearing Panel rather than the Hearing Officer alone and FINRA Rule 9222's requirements for extensions and postponements; FINRA Rule 9147's full authority grant enables the expeditious case management that FINRA's disciplinary mandate requires by equipping Adjudicators to address unanticipated procedural issues without being constrained by gaps in the specific rules; FINRA Rule 9147 and FINRA Rule 9148 are sequential companion rules — FINRA Rule 9147 establishing the authority and FINRA Rule 9148 establishing the strong presumption against interlocutory review of its exercise; and the rule was adopted in 1997, amended in 1998, and last amended December 15, 2008 through SR-FINRA-2008-021 with no substantive amendments since.
