Sec. 1.291 General provisions.
(a)(1) The Commission acts on petitions to amend, modify, enlarge or
delete the issues in hearing proceedings which involve rule making
matters exclusively. It also acts on interlocutory pleadings filed in
matters or proceedings which are before the Commission.
(2) The Chief Administrative Law Judge acts on those interlocutory
matters listed in Sec. 0.351 of this chapter.
(3) All other interlocutory matters in hearing proceedings are acted
on by the presiding officer. See Secs. 0.218 and 0.341 of this chapter.
[[Page 147]]
(4) Each interlocutory pleading shall indicate in its caption
whether the pleading is to be acted upon by the Commission, the Chief
Administrative Law Judge, or the presiding officer. If the pleading is
to be acted upon by the presiding officer, he shall be identified by
name.
(b) All interlocutory pleadings shall be submitted in accordance
with the provisions of Secs. 1.4, 1.44, 1.47, 1.48, 1.49, and 1.52.
(c)(1) Procedural rules governing interlocutory pleadings are set
forth in Secs. 1.294-1.298.
(2) Rules governing appeal from, and reconsideration of,
interlocutory rulings made by the presiding officer are set forth in
Secs. 1.301 and 1.303.
(3) Rules governing the review of interlocutory rulings made by the
Chief Administrative Law Judge are set forth in Secs. 1.101, 1.102(b),
1.115, and 1.117. Petitions requesting reconsideration of an
interlocutory ruling made by the Commission, or the Chief Administrative
Law Judge will not be entertained. See, however, Sec. 1.113.
(d) No initial decision shall become effective under Sec. 1.276(e)
until all interlocutory matters pending before the Commission in the
proceeding at the time the initial decision is issued have been disposed
of and the time allowed for appeal from interlocutory rulings of the
presiding officer has expired.
(Secs. 4(i), 303(r) and 5(c)(1) of the Communications Act of 1934, as
amended; 47 CFR 0.61 and 0.283)
[29 1997 FR 6443 , May 16, 1964, as amended at 29 FR 12773 , Sept. 10, 1964; 37 FR 19372 , Sept. 20, 1972; 41 FR 14873 , Apr. 8, 1976; 49 FR 4381 , Feb. 6,
1984; 62 FR 4171 , Jan. 29, 1997]
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