Goto Section: 1.282 | 1.294 | Table of Contents

FCC 1.291
Revised as of October 1, 2008
Goto Year:2007 | 2009
  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  Sec.  Sec. 0.218 and 0.341 of this chapter.

   (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  Sec.  Sec. 1.4, 1.44, 1.47, 1.48, 1.49, and 1.52.

   (c)(1) Procedural rules governing interlocutory pleadings are set forth in
    Sec.  Sec. 1.2941.298.

   (2) Rules governing appeal from, and reconsideration of, interlocutory
   rulings made by the presiding officer are set forth in  Sec.  Sec. 1.301 and 1.303.

   (3) Rules governing the review of interlocutory rulings made by the Chief
   Administrative Law Judge are set forth in  Sec.  Sec. 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 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]


Goto Section: 1.282 | 1.294

Goto Year: 2007 | 2009
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