Sec. 1.1112  Conditionality of Commission or staff authorizations.

    (a) Any instrument of authorization granted by the Commission, or by 
its staff under delegated authority, will be conditioned upon final 
payment of the applicable fee and timely payment of bills issued by the 
Commission. As applied to checks, bank drafts and money orders, final 
payment shall mean receipt by the Treasury of funds cleared by the 
financial institution on which the check, bank draft or money order is 
drawn.
    (1) If, prior to a grant of an instrument of authorization, the 
Commission

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is notified that final payment has not been made, the application or 
filing will be:
    (i) Dismissed and returned to the applicant;
    (ii) Shall lose its place in the processing line;
    (iii) And will not be accorded nunc pro tunc treatment if 
resubmitted after the relevant filing deadline.
    (2) If, subsequent to a grant of an instrument of authorization, the 
Commission is notified that final payment has not been made, the 
Commission will:
    (i) Automatically rescind that instrument of authorization for 
failure to meet the condition imposed by this subsection; and
    (ii) Notify the grantee of this action; and
    (iii) Not permit nunc pro tunc treatment for the resubmission of the 
application or filing if the relevant deadline has expired.
    (3) Upon receipt of a notification of rescision of the 
authorization, the grantee will immediately cease operations initiated 
pursuant to the authorization.
    (b) In those instances where the Commission has granted a request 
for deferred payment of a fee or issued a bill payable at a future date, 
further processing of the application or filing, or the grant of 
authority, shall be conditioned upon final payment of the fee, plus 
other required payments for late payments, by the date prescribed by the 
deferral decision or bill. Failure to comply with the terms of the 
deferral decision or bill shall result in the automatic dismissal of the 
submission or rescision of the Commission authorization for failure to 
meet the condition imposed by this subpart. The Commission reserves the 
right to return payments received after the date established on the bill 
and exercise the conditions attached to the application. The Commission 
shall:
    (1) Notify the grantee that the authorization has been rescinded;
    (i) Upon such notification, the grantee will immediately cease 
operations initiated pursuant to the authorization.
    (2) Not permit nunc pro tunc treatment to applicants who attempt to 
refile after the original deadline for the underlying submission.
    (c) Where the procedures outlined in paragraphs (a) and (b) of this 
section would not provide a meaningful incentive to pay a fee that is 
due or would not be a meaningful sanction for failure to pay such a fee, 
in the alternative to those procedures, the Commission may, in its 
discretion, withhold processing and/or grant of any other application or 
filing made by a person or organization who has failed to make full 
payment of any fee due under this subpart.
    (1) Before taking such action, the staff will make a written request 
for the fee, together with any penalties that may be due under this 
subpart. Such request shall inform the applicant/filer that failure to 
pay will result in the Commission's withholding action on any other 
application or request filed by the applicant. The staff shall also 
inform the applicant of the procedures for seeking Commission review of 
the staff's fee determination.
    (2) If, after final determination that the fee is due, the applicant 
fails to pay the fee in a timely manner, the staff may terminate the 
processing and/or withhold a grant of any other application or filing 
pending or later filed by the applicant, until the matter is resolved.
[ 52 FR 5289 , Feb. 20, 1987, as amended at  55 FR 19171 , May 8, 1990. 
Redesignated at  59 FR 30998 , June 16, 1994. Redesignated at  60 FR 5326 , 
Jan. 27, 1995]