Rule 1031 "Parking" fairly applied"

Is a NASD member Broker Dealer violating the below rule if the rule is not applied in a fair, equitable and just manner equal to all its Registerd Representatives?   Example: assume the BD set a minimum production of $10,000.  10 Reg Reps did meet the minimum production. 5 Reg Reps continued with the BD and the others were terminated for lack of production.

Parking of licenses is a violation of NASD Rules. Specifically, Rule 1031, which states in pertinent part:

"A member shall not maintain a representative registration with the Association for any person (1) who is no longer active in the member's investment banking or securities business, (2) who is no longer functioning as a representative, or (3) where the sole purpose is to avoid the examination requirement prescribed in paragraph (c).