Exchange Act § 4A 
Delegation of Functions by Commission
a. Authorization;
functions delegable; eligible persons; application of other laws
In addition to its existing authority, the Securities and Exchange
Commission shall have the authority to delegate, by published order or
rule, any of its functions to a division of the Commission, an individual
Commissioner, an administrative law judge, or an employee or employee
board, including functions with respect to hearing, determining, ordering,
certifying, reporting, or otherwise acting as to any work, business, or
matter. Nothing in this section shall be deemed to supersede the provisions
of section 556(b) of Title 5, or to authorize the delegation of the function
of rule making as defined in subchapter II of chapter 5 of Title 5, with
reference to general rules as distinguished from rules of particular applicability,
or of the making of any rule pursuant to
section
19(c).
b. Right
of review; procedure
With respect to the delegation of any of its functions, as provided
in subsection (a) of this section, the Commission shall retain a discretionary
right to review the action of any such division of the Commission, individual
Commissioner, administrative law judge, employee, or employee board, upon
its own initiative or upon petition of a party to or intervenor in such
action, within such time and in such manner as the Commission by rule
shall prescribe. The vote of one member of the Commission shall be sufficient
to bring any such action before the Commission for review. A person or
party shall be entitled to review by the Commission if he or it is adversely
affected by action at a delegated level which (1) denies any request for
action pursuant to
section 8(a)
or section 8(c)
of the Securities Act of 1933 or the first sentence of
section
12(d); (2) suspends trading in a security pursuant to
section
12(k); or (3) is pursuant to any provision of this title in a case
of adjudication, as defined in section 551 of Title 5, not required by
this title to be determined on the record after notice and opportunity
for hearing (except to the extent there is involved a matter described
in section 554(a)(1) through (6) of such Title 5).
c. Finality
of delegated action
If the right to exercise such review is declined, or if no such review
is sought within the time stated in the rules promulgated by the Commission,
then the action of any such division of the Commission, individual Commissioner,
administrative law judge, employee, or employee board, shall, for all
purposes, including appeal or review thereof, be deemed the action of
the Commission.
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June 6, 1934, c. 404, Title I, § 4A,
as added Dec. 4, 1987, Pub.L. 100-181, Title III, § 308(a), 101 Stat. 1254 |
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