§  1.1604   Post-selection hearings.

   (a) Following the random selection, the Commission shall announce the
   “tentative selectee” and, where permitted by § 73.3584 invite Petitions
   to Deny its application.

   (b) If, after such hearing as may be necessary, the Commission
   determines that the “tentative selectee” has met the requirements of
   § 73.3591(a) it will make the appropriate grant. If the Commission is
   unable to make such a determination, it shall order that another random
   selection be conducted from among the remaining mutually exclusive
   applicants, in accordance with the provisions of this subpart.

   (c) If, on the basis of the papers before it, the Commission determines
   that a substantial and material question of fact exists, it shall
   designate that question for hearing. Hearings may be conducted by the
   Commission or, in the case of a matter which requires oral testimony
   for its resolution, an Administrative Law Judge.

   [ 48 FR 27202 , June 13, 1983, as amended at  63 FR 48622 , Sept. 11, 1998]