[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Notices]
[Page 15955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1377]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of Hythiam, Inc. to 
Withdraw its Common Stock, $.0001 par value, From Listing and 
Registration on the American Stock Exchange LLC File No. 1-31932

March 22, 2005.
    On March 7, 2005, Hythiam, Inc., a Delaware corporation 
(``Issuer''), filed an application with the Securities and Exchange 
Commission (``Commission''), pursuant to section 12(d) of the 
Securities Exchange Act of 1934 (``Act'')\1\ and Rule 12d2-2(d) 
thereunder,\2\ to withdraw its common stock, $.0001 par value 
(``Security''), from listing and registration on the American Stock 
Exchange LLC (``Amex'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On March 4, 2005, the Board of Directors (``Board'') of the Issuer 
unanimously approved resolutions to withdraw the Security from listing 
and registration on Amex and to list the Security on the Nasdaq 
National Market (``Nasdaq''). The Board determined that it is in the 
best interest of the Issuer and its stockholders to withdraw the 
Security from listing on the Amex and to list the Security on Nasdaq. 
The Board believed that listing the Security on Nasdaq will enable the 
Issuer and its stockholders to benefit from increased visibility to 
investors, an open market structure, and an efficient electronic 
trading platform. In addition, the Board stated that the Issuer has met 
the initial listing requirements of Nasdaq, and the application for 
listing the Security on Nasdaq has been approved.
    The Issuer stated that it has met the requirements of Amex's rules 
governing an issuer's voluntary withdrawal of a security from listing 
and registration by complying with all the applicable laws in effect in 
Delaware, in which it is incorporated.
    The Issuer's application relates solely to the withdrawal of the 
Security from listing on the Amex and from registration under section 
12(b) of the Act,\3\ and shall not affect its obligation to be 
registered under section 12(g) of the Act.\4\
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    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
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    Any interested person may, on or before April 15, 2005, comment on 
the facts bearing upon whether the application has been made in 
accordance with the rules of the Amex, and what terms, if any, should 
be imposed by the Commission for the protection of investors. All 
comment letters may be submitted by either of the following methods:

Electronic Comments

     Send an e-mail to [email protected]. Please include 
the File Number 1-31932 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.
    All submissions should refer to File Number 1-31932. This file 
number should be included on the subject line if e-mail is used. To 
help us process and review your comments more efficiently, please use 
only one method. The Commission will post all comments on the 
Commission's Internet Web site (http://www.sec.gov/rules/delist.shtml). 
Comments are also available for public inspection and copying in the 
Commission's Public Reference Room. All comments received will be 
posted without change; we do not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly.
    The Commission, based on the information submitted to it, will 
issue an order granting the application after the date mentioned above, 
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-1377 Filed 3-28-05; 8:45 am]
BILLING CODE 8010-01-P