12902. Hearing Session Fees, and Other Costs and Expenses
This rule is no longer applicable. NASD Rule 12902 has been superseded by FINRA Rule 12902. Please consult the appropriate FINRA Rule.
The Customer Code will apply to claims filed on or after April 16, 2007. In addition, the list selection provisions of the Customer Code will apply to previously filed claims in which a list of arbitrators must be generated after April 16, 2007; in these cases, however, the claim will continue to be governed by the remaining provisions of the old Code unless all parties agree to proceed under the new Code.
(a) Hearing Session Fees
(1) Hearing session fees will be charged for each hearing session. The total amount chargeable to the parties for each hearing session is based on the amount in dispute, as specified in the schedule below. In the award, the panel will determine the amount of each hearing session fee that each party must pay.
Hearing Session Fees
| Amount of Claim |
Hearing Session W/ One Arbitrator |
Hearing Session W/ Three Arbitrators |
| Up to $2,500 | $ 50 | N/A |
| $2,500.01 to $5,000 | $ 125 | N/A |
| $5,000.01 to $10,000 | $ 250 | N/A |
| $10,000.01 to $25,000 | $ 450 | N/A |
| $25,000.01 to $50,000 | $ 450 | $600 |
| $50,000.01 to $100,000 | $ 450 | $ 750 |
| $100,000.01 to $500,000 | $ 450 | $1,125 |
| Over $500,000 | $ 450 | $1,200 |
| Unspecified Damages | N/A | $1,000 |
(2) If the claim does not request or specify money damages, the Director may determine that the hearing session fee should be more or less than the amount specified in the schedule above, but in any event the hearing session fee shall not be less than $50 or more than $1,200 for each hearing session.
(3) If there is more than one claim in a proceeding, the amount of hearing session fees will be based on the largest claim in the proceeding. If any claims are joined or combined under Rules 12312, 12313, or 12314, the amount of those claims will be aggregated and they will be treated as one claim for purposes of this paragraph.
(4) If hearing session fees are allocated against a customer in connection with a claim filed by a member or associated person, the amount of hearing session fees the customer must pay must be based on the amount actually awarded to the member or associated person, rather than on the amount claimed by the member or associated person. No hearing session fees may be assessed against a customer in connection with a claim filed by a member that is dismissed.
(b) Payment of Hearing Session Fees
(1) The panel may assess the hearing session fees in the award, or may require the parties to pay hearing session fees during the course of the arbitration. The total amount that the panel may require the parties to pay for each hearing session during the course of an arbitration may not exceed the total amount chargeable to the parties for each hearing session under the schedule to paragraph (a) of this rule.
(2) Any interim hearing session fee payments made by a party under this rule will be deducted from the total amount of hearing session fees assessed against that party in the award. If the amount of interim payments is more than the amount assessed against the party in the award, the balance will be refunded to that party.
(3) In the award, the amount of one hearing session fee will be deducted from the total amount of hearing session fees assessed against the party who paid the filing fee. If this amount is more than any fees, costs, and expenses assessed against this party under the Code, the balance will be refunded to the party.
(c) Assessment of Other Costs and Expenses in Award
In its award, the panel must also determine the amount of any costs and expenses incurred by the parties under the Code or that are within the scope of the agreement of the parties, and which party or parties will pay those costs and expenses.
(d) Assessment of Hearing Session Fees, Costs, and Expenses in Case of Settlement or Withdrawal
If a claim is settled or withdrawn:
• The parties will be subject to an assessment of hearing session fees for hearing sessions already held.
• If NASD receives a settlement or withdrawal notice 10 days or fewer prior to the date that the hearing on the merits under Rule 12600 is scheduled to begin, parties that paid a filing fee under Rule 12900 will not be entitled to any refund of the filing fee.
• The parties will also be responsible for any fee or costs incurred under Rules 12502, 12513, 12601, or 12606 in connection with such hearings. If a case is settled or withdrawn and the parties' agreement fails to allocate such fees and costs, the fees and costs will be allocated as provided by Rule 12701(b).
(e) Refund Payments
Any refunds of fees or costs incurred under the Code will be paid directly to the named parties, even if a non-party made a payment on behalf of the named parties.
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Adopted by SR-NASD-2003-158 eff. April 16, 2007. Selected Notices: 07-07 |