Goto Section: 1.273 | 1.276 | Table of Contents
FCC 1.274
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 1.274 Certification of the record to the Commission for initial or final
decision.
(a) Where the presiding officer is available to the Commission, and
where the Commission finds upon the record that due and timely
execution of its functions imperatively and unavoidably so requires,
the Commission may direct that the record in a pending proceeding be
certified to it for initial or final decision. Unless the Commission
finds that due and timely execution of its functions imperatively and
unavoidably requires that no recommended decision be issued, the
presiding officer will prepare and file a recommended decision, which
will be released with the Commission's initial or final decision.
(b) Where the presiding officer becomes unavailable to the Commission
after the taking of testimony has been concluded, the Commission may
direct that the record in a pending proceeding be certified to it for
initial or final decision. In that event, the record shall be certified
to the Commission by the Chief Administrative Law Judge.
(c)(1) Where the presiding officer becomes unavailable to the
Commission after the taking of evidence has commenced but before it has
been concluded, the Commission may order a rehearing before another
presiding officer designated in accordance with § 1.241.
(2) Upon a finding that due and timely execution of its functions
imperatively and unavoidably so requires, the Commission may (as an
alternative) order that the hearing be continued by another presiding
officer designated in accordance with § 1.241 or by the Commission
itself. In that event, the officer continuing the hearing shall, upon
completion of the hearing, certify the proceeding to the Commission for
an initial or final decision. Unless the Commission finds upon the
record that due and timely execution of its functions imperatively and
unavoidably requires that no recommended decision be issued, the
officer continuing the hearing shall prepare and file a recommended
decision to be released with the Commission's initial or final
decision. If all the parties expressly consent, and if the Commission
does not order otherwise, the officer continuing the hearing may
prepare an initial decision.
(Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409)
Goto Section: 1.273 | 1.276
Goto Year: 2010 |
2012
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