FCC 0.341 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 0.341 Authority of administrative law judge.
(a) After an administrative law judge has been designated to preside at a
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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