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UNITED STATES OF AMERICA
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In the Matter of Axum, Incorporated |
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ORDER SCHEDULING HEARING PURSUANT TO RULE 258 OF REGULATION A UNDER THE SECURITIES ACT OF 1933 |
Axum, Incorporated ("Axum"), a Colorado corporation with its principal office at 360 Jade Street, Broomfield, Colorado, 80020, filed with the Commission a document intended as a Regulation A Offering statement, submitted to obtain an exemption from the registration requirement of the Securities Act of 1933 ("Securities Act"). On January 24, 2006, we issued an Order Temporarily Suspending Exemption Pursuant to Rule 258 of Regulation A Under the Securities Act of 1933, Statement Of Reasons For Entry Of Order, And Notice Of And Opportunity For Hearing. On January 31, 2006, Axum filed a request for a hearing and reversal of the suspension order.
Accordingly, it is ORDERED that a hearing shall be commenced pursuant to Rule 258(b)(2) of the General Rules and Regulations under the Securities Act and in accordance with the Commission's Rules of Practice, at a time and place to be fixed by further order, for the purpose of determining whether the suspension should be vacated or made permanent, without prejudice, however, to the presentation and consideration of additional matters at the hearing.
This Order shall be served upon Respondent in accordance with the provisions of Rule 141 of the Commission's Rules of Practice, 17 C.F.R. 201.141.
It is further Ordered that the Administrative Law Judge shall issue an initial decision no later than 120 days from the date of service of this Order, pursuant to Rule 360(a)(2) of the Commission's Rules of Practice.
In the absence of an appropriate waiver, no officer or employee of the Commission engaged in the performance of investigative or prosecuting functions in this or any factually related proceeding will be permitted to participate or advise in the decision of this matter, except as witness or counsel in proceedings held pursuant to notice. Since this proceeding is not "rule making" within the meaning of Section 551 of the Administrative Procedure Act, it is not deemed subject to the provisions of Section 553 delaying the effective date of any final Commission action.
By the Commission.
Nancy M. Morris
Secretary
http://www.sec.gov/litigation/admin/33-8662.htm
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