Standards and examinations

The Commission may specify by rules and regulations appropriate standards with respect to training, experience, and such other qualifications as the Commission finds necessary or desirable to insure the fitness of persons required to be registered with the Commission. In connection therewith, the Commission may prescribe by rules and regulations the adoption of written proficiency examinations to be given to applicants for registration and the establishment of reasonable fees to be charged to such applicants to cover the administration of such examinations. The Commission may further prescribe by rules and regulations that, in lieu of examinations administered by the Commission, futures associations registered under section 21 of this title , contract markets, or derivatives transaction execution facilities may adopt written proficiency examinations to be given to applicants for registration and charge reasonable fees to such applicants to cover the administration of such examinations. Notwithstanding any other provision of this section, the Commission may specify by rules and regulations such terms and conditions as it deems appropriate to protect the public interest wherein exception to any written proficiency examination shall be made with respect to individuals who have demonstrated, through training and experience, the degree of proficiency and skill necessary to protect the interests of customers, clients, pool participants, or other members of the public with whom such individuals deal.

( Sept. 21, 1922, ch. 369, § 4p , as added Pub. L. 93–463, title II, § 206 , Oct. 23, 1974 , 88 Stat. 1400 ; amended Pub. L. 97–444, title II, § 215 , Jan. 11, 1983 , 96 Stat. 2305 ; Pub. L. 102–546, title II, § 210(a) , Oct. 28, 1992 , 106 Stat. 3607 ; Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(11)] , Dec. 21, 2000 , 114 Stat. 2763 , 2763A–408.)