Public Investors Arbitration Bar Association 2010 Officers Scott R. Shewan President Peter J. Mougey Vice-President/ President-Elect December 21, 2009 Jenice L. Malecki Secretary Ryan K. Bakhtiari Elizabeth M. Murphy, Secretary Treasurer Securities and Exchange Commission 100 F Street 2010 Directors Washington, D.C. 20549-1090 Ryan K. Bakhtiari California Gail E. Boliver Re: File Number SR-FINRA-2009-075 Iowa Steven B. Caruso Dear Ms. Murphy: New York Jason Doss Georgia I write on behalf of PIABA (Public Investors Arbitration Bar Association) to comment on SR-FINRA-2009-075. The proposal involves two rule changes. Scott Ilgenfritz Florida Both relate to fees to be paid by parties in arbitration. The first would provide that William A. Jacobson the late postponement fee not be waived if the parties request a postponement New York within three business days before the scheduled hearing session. The second Richard A. Lewins would codify FINRA’s current internal practice of charging $450 per hearing Texas session for a single-arbitrator case with an unspecified damage claim. Jenice L. Malecki New York We oppose both rule changes. We understand that these rules are C. Thomas Mason Arizona purportedly intended to clarify existing practice. However, we oppose any rule Peter J. Mougey which would result in higher fees to the customer in a FINRA arbitration Florida proceeding. Kirk Reasonover ...