NASAA Series 63Regulation of Broker-Dealers and AgentsEasy

A state securities Administrator believes that a registered agent has engaged in fraudulent activities. Before issuing a final order to revoke the agent's registration, what is the Administrator legally required to provide?

  1. AA public announcement of the alleged fraud.
  2. BNotice, opportunity for a hearing, and written findings of fact and conclusions of law.
  3. CA civil penalty assessment and a settlement offer.
  4. DA cease and desist order and immediate suspension.
Show answer & explanation

Correct answer: B. Notice, opportunity for a hearing, and written findings of fact and conclusions of law.

Before taking disciplinary action such as revocation, the Uniform Securities Act requires the Administrator to provide due process: proper notice, an opportunity for the individual to be heard, and a written explanation of the decision.

Why the other options are wrong

  • A. Public announcements typically follow disciplinary actions, not precede the due process.
  • C. These are potential consequences or resolutions that might occur after or in conjunction with due process, not prerequisites to it.
  • D. A cease and desist order might be issued, but it doesn't replace the requirement for a hearing before a final revocation.

Administrator Due Process

Before issuing a final order to deny, suspend, or revoke a registration, the Administrator must provide notice, an opportunity for a hearing, and written findings of fact and conclusions of law.

  • Applies to all disciplinary actions.
  • Ensures fairness and legal compliance.
  • Includes notice, hearing, and written justification.

Memory trick: For 'Disciplinary Action', the Administrator must 'Notice, Hear, and Write'.

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