Sec. 1.822  General selection procedures.

    (a) Mutually exclusive applications for permits and licenses in the 
services specified in Sec. 1.821 may be designated for random selection 
according to the procedures established for each service. Following the 
random selection, the Commission shall determine whether the applicant 
is qualified to receive the permit or license. If, after reviewing the 
tentative selectee's application and pleadings properly filed against 
it, the Commission determines that a substantial and material question 
of fact exists, it shall designate the qualifying issue(s) for an 
expedited hearing.
    (b) Expedited hearing procedures. (1) Hearings may be conducted by 
the Commission or an Administrative Law Judge. In the case of a question 
which requires oral testimony for its resolution, the hearing will be 
conducted by an Administrative Law Judge.
    (2) Parties have ten (10) days from publication in the Federal 
Register of the hearing designation order to file notices of appearance.
    (3) When the Commission, under Sec. 1.221, issues an order stating 
the time, place, and nature of the hearing, this order shall instruct 
the applicant to submit its direct case in writing within thirty (30) 
days from the order's release date, or as otherwise specified in the 
order. The direct written case must set forth all those facts and 
circumstances related to the issues in the designation order. 
Documentary evidence upon which the applicant relies must be attached. 
Each exhibit must be numbered and must be accompanied by an affidavit 
from someone who has personal knowledge of the facts in the submission 
and who attests to the truth of the submission.
    (4) The order will also specify those petitioners that directly 
raised an issue which was designated and will inform these parties of 
their opportunity to submit a written rebuttal case within twenty (20) 
days after the direct case is due. The procedures in paragraph (b)(3) of 
this section will apply as to documentary evidence, exhibits, and 
affidavits.
    (5) Appeal of initial decisions rendered by an Administrative Law 
Judge shall lie with the Commission.
[ 48 FR 27201 , June 13, 1983. Redesignated and amended at  50 FR 5991 , 
Feb. 13, 1985]