No filing fee is required under the Minor Rule Plan procedures. This appeal followed. We find that Post's actions violated PSE Rules. Post has not submitted any evidence contradicting the evidence presented by the PSE that Post was yelling and waving his arms on the options trading floor, nor does he deny his conduct. The basis for Post's challenge to the PSE's action has changed at every stage of the proceeding.
None is persuasive.
Post left the OFTC hearing after his request for a continuance was denied. To establish selective prosecution, Post must demonstrate that he was singled out for prosecution while others similarly situated were not, and that the action against him was motivated by an arbitrary or unjustifiable consideration, such as race, religion, or the desire to prevent the exercise of a constitutionally protected right. In his appeal to the Commission, Post argues that his right to legal counsel was denied. This argument is not persuasive. There is no statutory or constitutional right to counsel for PSE disciplinary proceedings.