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Administrative Law Judges: Having now ratified the appointment

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Renee Member Level  Thursday, 12/07/17 09:00:57 PM
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Administrative Law Judges: Having now ratified the appointment of the Commission’s administrative law judges, thereby resolving any Appointments Clause claims that may have arisen in the aforementioned cases under Bandimere, we hereby lift the stays imposed by our May 22, 2017 order and direct that those proceedings should resume pursuant to our above instructions.

By the Commission.
Brent J. Fields
Secretary

https://www.sec.gov/litigation/opinions/2017/33-10440.pdf

My comments as a preamble: Now that the A.L.J. appointments have been ratified all Administrative Proceedings can proceed by the A.L.J.'s with established procedures set forth.

The actions to be taken by the A.L.J.'s are more applicable to cases that were decided by arbitrary Initial Decisions of the A.L.J.'s., usually by DEFAULT for companies that did not reply to the Admin Proceeding to revoke their stock registrations, or where the company accepted revocation as Settlement with the A.L.J. Those companies have another chance to defend against the A.L.J. revoking their stock registrations.

The case of Digital Brand Media had numerous Hearings before the Initial Decision was made, so in effect Digital Brand has submitted ALL of their mitigating reasons for being severely delinquent in filing their required Financials and the A.L.J. ruled against Digital Brand Media. That process was completed, giving Digital Brand every possible allowance and opportunity to defend against revocation of their stock registration.


Process for Initial Decisions: (which applies to Digital Brand Media/DBMM) ****My comments in RED.

Reconsider the record, including all substantive and procedural actions taken by an administrative law judge pursuant to Rule 111 of the Commission’s Rules of Practice, 17 C.F.R. § 201.111; DBMM was afforded numerous procedural opportunities to defend against the original Administrative Proceeding seeking to revoke DBMM's stock registration.

Issue an order granting parties until January 5, 2018 to submit any new evidence the parties deem relevant to the administrative law judge’s reexamination of the record; DBMM submitted new evidence and arguments at each Hearing, and that evidence was refuted with detailed explanations by the A.L.J. It is unlikely the company could present any new evidence that would be credible.

Determine, based on such reconsideration, whether to ratify or revise in any respect all prior actions taken by an administrative law judge in the proceeding; and
The link below demonstrates all prior actions that afforded DBMM every opportunity to defend against revocation, more opportunities than virtually all other companies facing revocation of their stock registrations:

https://www.sec.gov/litigation/apdocuments/ap-3-17990.xml

Issue an order by February 16, 2018 stating that the administrative law judge has completed the reconsideration ordered above and setting forth the determination regarding ratification. As far as can be reasonably determined every "reconsideration" has already been afforded to Digital Brand.




To bite the worm of incite is to bite the HOOK of the antagonist . They win .
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