Sec. 1.267  Initial and recommended decisions.

    (a) Except as provided in this paragraph, in Secs. 1.94, 1.251 and 
1.274, or where the proceeding is terminated on motion (see Sec. 1.302), 
the presiding officer shall prepare an initial (or recommended) 
decision, which shall be transmitted to the Secretary of the Commission. 
In the case of rate making proceedings conducted under sections 201-205 
of the Communications Act, the presumption shall be that the presiding 
officer shall prepare an initial or recommended decision. The Secretary 
will make the decision public immediately and file it in the docket of 
the case.
    (b) Each initial and recommended decision shall contain findings of 
fact and conclusions, as well as the reasons or basis therefor, upon all 
the material issues of fact, law, or discretion presented on the record; 
each initial decision shall also contain the appropriate rule or order, 
and the sanction, relief or denial thereof; and each recommended 
decision shall contain recommendations as to what disposition of the 
case should be made by the Commission. Each initial decision will show 
the date upon which it will become effective in accordance with the 
rules in this part in the absence of exceptions, appeal, or review.
    (c) The authority of the Presiding Officer over the proceedings 
shall cease when he has filed his Initial or Recommended Decision, or if 
it is a case in which he is to file no decision, when he has certified 
the case for decision: Provided, however, That he shall retain limited 
jurisdiction over the proceeding for the purpose of effecting 
certification of the transcript and corrections to the transcript, as 
provided in Secs. 1.260 and 1.261, respectively, and for the purpose of 
ruling initially on applications for awards of fees and expenses under 
the Equal Access to Justice Act.

(Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409, 5 U.S.C. 557; secs. 
4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083: 47 U.S.C. 154, 303, 
)
[28 307 FR 12425 , Nov. 22, 1963, as amended at  41 FR 14873 , Apr. 8, 1976;  47 FR 3786 , Jan. 27, 1982]

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