Sec. 0.341 Authority of administrative law judge.
(a) After an administrative law judge has been designated to preside
at a
[[Page 39]]
hearing and until he has issued an initial decision or certified the
record to the Commission for decision, or the proceeding has been
transferred to another administrative law judge, all motions, petitions
and other pleadings shall be acted upon by such administrative law
judge, except the following:
(1) Those which are to be acted upon by the Commission. See
Sec. 1.291(a)(1) of this chapter.
(2) Those which are to be acted upon by the Chief Administrative Law
Judge under Sec. 0.351.
(b) Any question which would be acted upon by the administrative law
judge if it were raised by the parties to the proceeding may be raised
and acted upon by the administrative law judge on his own motion.
(c) Any question which would be acted upon by the Chief
Administrative Law Judge or the Commission, if it were raised by the
parties, may be certified by the administrative law judge, on his own
motion, to the Chief Administrative Law Judge, or the Commission, as the
case may be.
(d) In the conduct of routine broadcast comparative hearings
involving applicants for only new facilities, i.e., cases that do not
involve numerous applicants and/or motions to enlarge issues, the
presiding administrative law judge shall make every effort to conclude
the case within nine months of the release of the hearing designation
order. In so doing, the presiding judge will make every effort to
release an initial decision in such cases within 90 days of the filing
of the last responsive pleading.
(e) Upon assignment by the Chief Administrative Law Judge,
Administrative Law Judges, including the Chief Judge, will act as
settlement judges in appropriate cases. See 47 CFR 1.244 of this
chapter.
[ 29 FR 6442 , May 16, 1964, as amended at 37 FR 19372 , Sept. 20, 1972; 41 FR 14870 , Apr. 8, 1976; 56 FR 792 , Jan. 9, 1991; 62 FR 4170 , Jan. 29,
1997]
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