A lucky few (like ZNXT) have a chance to get current before the SEC makes their decision.
They've always had that choice. It's up to FINRA. If they file a new Form 211, and it's accepted by FINRA, they'll become Pinks--Current Info Pinks--once again. But that isn't happening to Greys that were once suspended. They're being sent to the Expert Market.
Greys that became Grey simply because they lost their MMs because no one was interested in trading them can, and sometimes do, find a new sponsoring MM, and begin trading once again as Current Info Pinks. But that's always been the case, and is an issue separate from the Expert Market or Unsolicited Trading issues.
The SEC has no "decision" to make.