8.08 Settlement by the Adjudication Committee

(A) If the Respondent wishes to settle a matter at any time after the filing of the complaint with the Chairman of the Adjudication Committee, the Respondent may submit a written settlement offer. The settlement offer will be directed to the NYMEX Division Hearing Panel or the COMEX Division Hearing Panel, as applicable, that has not been assigned the case to hear and decide. The Compliance Department may recommend to that Hearing Panel an approval or a rejection of any settlement offer. Such offer may provide for the issuance of a cease and desist order, a censure, an order directing restitution to any injured person, a fine not to exceed $250,000 $1,000,000 for each violation alleged to have been committed, an expulsion or suspension from all or some rights and privileges of membership, the ability to hold a permit, electronic trading privileges, employment on the Exchange Floor, or employment for the purposes of entering orders on NYMEX ACCESS® or any combination of such penalties.

(B) Any settlement offer which the Hearing Panel approves is subject to the approval of the Board.

8.11 Decision

(K) If the Hearing Panel determines to order the imposition of a penalty, the penalties which may be imposed are any one or combination of the following: the issuance of a cease and desist order, a censure, an order directing restitution to any injured person, a fine of not more than $250,000 $1,000,000 for each Rule violation found to have been committed, an expulsion or a suspension from all or some rights and privileges of membership, the ability to hold a permit, Electronic Trading Privileges, employment on the Exchange Floor, or employment for the purposes of entering orders on NYMEX ACCESS®.

8.55 Classification of Offenses

Offenses against the Exchange shall be classified as major offenses and minor offenses. Major offenses shall be punishable by one or more of the following: expulsion, suspension from all or some rights and privileges of membership, the ability to hold a permit, Electronic Trading Privileges, employment on the Exchange Floor, or employment for the purposes of entering orders on NYMEX ACCESS®, employment for the purposes of entering orders on NYMEX Clear Port (sm), a fine of not more than $250,000 $1,000,000, cease and desist order, or an order directing restitution to any injured person. Minor offenses shall be punishable by one or more of the following: a fine of no more than $10,000, cease and desist order, order directing restitution to any injured person, or suspension for not more than one year from all or some rights and privileges of membership, the ability to hold a permit, Electronic Trading Privileges, employment on the Exchange Floor, employment for the purposes of entering orders on NYMEX Clear Port (sm), or employment for the purposes of entering orders on NYMEX ACCESS. Unless good cause is shown, any offense involving fraudulent or deceitful trading practices detrimental to a customer's order shall be a Major Offense and shall be punishable, at a minimum, with a suspension or revocation of the Member's or Authorized Terminal User's right to execute customer orders.