U.S. Securities & Exchange Commission
SEC Seal
Home | Previous Page
U.S. Securities and Exchange Commission

U. S. Securities and Exchange Commission

Securities Exchange Act of 1934
Release No. 48667 / October 21, 2003

Report on Administrative Proceedings
for the Period April 1, 2003 through September 30, 2003

Rule 900 of the Commission's Rules of Practice (17 CFR 201.900) requires the Commission's Secretary to issue each October and April a status report on the Commission's administrative proceedings caseload.

The attached report identifies the number of matters pending before the administrative law judges and the Commission at the beginning of the six-month period; the number of matters instituted, filed, and disposed of during the period; and the number pending at the end of the period. For each category of decision, the report shows the median age of the matters at the time of decision and the number of matters decided within the guidelines in Rule 900 for the timely completion of adjudicatory proceedings. Finally, the report includes data from the previous two six-month periods.

 

Report on Administrative Proceedings
for the Period April 1, 2003 through September 30, 2003

Matters Before the Administrative Law Judges

 

4/1/2003- 9/30/2003

10/1/2002- 3/31/2003

4/1/2002- 9/30/2002

Number pending at start of period

37

45

51

New matters added during period

40

34

31

Subtotal

77

79

82

Dispositions:

     

Initial Decisions

10 (12)1

9

15

Other dispositions
(e.g., settlements, defaults)2

29

33

22

Total pending at end of period

38

37

45

Initial Decisions:

     

Median age at decision (days)

241

417

425

Number issued within guideline3

7

3

4

Matters Before the Commission

 

4/1/2003- 9/30/2003

10/1/2002- 3/31/2003

4/1/2002- 9/30/2002

Review of ALJ Matters4

     

Number pending at start of period

35

39

39

New matters added during period

4

4

10

Subtotal

39

43

49

Dispositions:

     

Opinions

23

8

9

Other dispositions
(e.g., dismissals)

1

0

1

Total pending at end of period

15

35

39

Opinions:

     

Median age at decision (days)

933

683

546

Number decided within guideline5

2

1

2

 

4/1/2003- 9/30/2003

10/1/2002- 3/31/2003

4/1/2002- 9/30/2002

Review of Self-Regulatory Organization Decisions6

     

Number pending at start of period

17

21

18

New matters added during period

10

11

7

Subtotal

27

32

25

Dispositions:

     

Opinions

10

13

4

Other dispositions
(e.g., dismissals, remands)

1

2

0

Total pending at end of period

16

17

21

Opinions:

     

Median age at decision (days)

278

532

558

Number decided within 11 months

7

0

1

 

4/1/2003- 9/30/2003

10/1/2002- 3/31/2003

4/1/2002- 9/30/2002

Miscellaneous Matters

     

Interlocutory Motions:

     

Number pending at start of period

0

0

3

Number filed during period

0

0

0

Number decided during period

0

0

3

Total pending at end of period

0

0

0

Median age at decision (days)

0

0

607

Number decided within 45 days

0

0

0

Stay Requests:

     

Number pending at start of period

0

0

1

Number filed during period

11

13

3

Number decided during period

11

13

4

Total pending at end of period

0

0

0

Median age at decision (days)

3

2

3

Number decided within guidelines8

11

13

3

 


1 Two initial decisions did not address all Respondents charged in the orders instituting proceedings, and thus did not entirely
dispose of the cases.

2 Includes all proceedings disposed of other than by an initial decision, including default orders that dispose of the entire proceeding.

3 Guideline for matters instituted prior to 7/17/03 is 10 months from institution. From that date forward, each order instituting
proceedings will include a time period (120, 210, or 300 days) for issuance of an initial decision, which may be extended by the
Commission.

4 May include review of initial decisions, review of other non-interlocutory ALJ matters, and matters on remand from the Courts of
Appeals.

5 Guideline was 11 months from filing of appeal and was changed to seven months (or 11 months if the Commission determines
that a matter presents unusual complicating circumstances) in July 2003 amendment to the Rules of Practice.

6 May include matters filed pursuant to Section 11A of the Securities Exchange Act of 1934.

7 The age at decision of the three motions was 47 days, 60 days, and 987 days.

8 Guideline is either five days or 45 days depending on the effective date of the order requested to be stayed.

 

http://www.sec.gov/litigation/admin/34-48667.htm


Modified: 10/22/2003