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Monday, March 01, 2021 12:56:21 PM
Commission can end all this ridiculousness by just not filing that brief.
Not true!
Not filing that brief would not halt the proceedings. It is not required for the case to proceed...
Pursuant to Rule of Practice 180(c), failure to file a brief in support of the petition may result in dismissal of this review proceeding.19
Failure to make required filing or to cure deficient filing. The Commission or the hearing officer may enter a default pursuant to § 201.155, dismiss one or more claims, decide the particular claim(s) at issue against that person, or prohibit the introduction of evidence or exclude testimony concerning that claim if a person fails:
(1) To make a filing required under these Rules of Practice; or
(2) To cure a deficient filing within the time specified by the Commission or the hearing officer pursuant to paragraph (b) of this section
The first quote is in regard to DBMM, not the SEC, failing to file a brief.
The SEC has no option BUT to file a brief!
Dropping a case is not as simple as failing to file a brief... THAT IS NONSENSE!
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