; (ii) is necessary for the protection of investors; and (iii) promotes market integrity. (C) Federal Register notice; public hearing Before making a determination under subparagraph (B), the Commission shall publish adequate notice in the Federal Register of the pendency of the waiver determination and shall afford the public and interested persons an opportunity to present their views, including at a public hearing. (D) Prohibition on advance advice Commission staff may not advise any person of the recommendation of staff to the Commission or on the likelihood of a waiver being granted or denied under this paragraph for such person. (E) Recordkeeping requirement The Commission shall keep a public record of all requests for a waiver under this paragraph that are later withdrawn. (2) Database of ineligible persons The Commission shall establish, and maintain, a public database of all ineligible persons that the Commission has voted against providing a waiver under this subsection or that have indicated their ineligibility in any disclosure to the Commission. (3) Ineligible person defined For purposes of this subsection, the term ineligible person means any person that— (A) is an ineligible issuer and not eligible to qualify as a well-known seasoned issuer (as such terms are defined under section 230.405 of title 17, Code of Federal Regulations); (B) is not eligible to make use of an exemption provided for certain Regulation D private offerings under section 230.505 or 230.506 of title 17, Code of Federal Regulations; (C) is not eligible for any safe harbor for forward-looking statements provided for under section 27A(c) of the Securities Act of 1933; (D) is not eligible for any safe harbor for forward-looking statements provided for under section 21E(c) of the Securities Exchange Act of 1934; (E) is disqualified from receiving a cash fee, directly or indirectly, from an investment adviser with respect to solicitation activities, as described under section 275.206(4)-3 of title 17, Code of Federal Regulations