§ 1.104   Preserving the right of review; deferred consideration of application
for review.

   (a) The provisions of this section apply to all final actions taken pursuant
   to delegated authority, including final actions taken by members of the
   Commission's staff on nonhearing matters. They do not apply to interlocutory
   actions of the Chief Administrative Law Judge in hearing proceedings, or to
   hearing designation orders issued under delegated authority. See § § 0.351,
   1.106(a) and 1.115(e).

   (b) Any person desiring Commission consideration of a final action taken
   pursuant  to  delegated  authority  shall  file  either a petition for
   reconsideration or an application for review (but not both) within 30 days
   from the date of public notice of such action, as that date is defined in
   § 1.4(b) of these rules. The petition for reconsideration will be acted on by
   the designated authority or referred by such authority to the Commission:
   Provided, That a petition for reconsideration of an order designating a
   matter for hearing will in all cases be referred to the Commission. The
   application for review will in all cases be acted upon by the Commission.

   Note: In those cases where the Commission does not intend to release a
   document containing the full text of its action, it will state that fact in
   the public notice announcing its action.

   (c) If in any matter one party files a petition for reconsideration and a
   second party files an application for review, the Commission will withhold
   action on the application for review until final action has been taken on
   the petition for reconsideration.

   (d) Any person who has filed a petition for reconsideration may file an
   application for review within 30 days from the date of public notice of such
   action, as that date is defined in § 1.4(b) of these rules. If a petition for
   reconsideration has been filed, any person who has filed an application for
   review may: (1) Withdraw his application for review, or (2) substitute an
   amended application therefor.

   Note: In those cases where the Commission does not intend to release a
   document containing the full text of its action, it will state that fact in
   the public notice announcing its action.

   (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
   303, 307)

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  41 FR 14871 , Apr. 8, 1976;  44 FR 60294 , Oct. 19, 1979;  46 FR 18556 , Mar. 25, 1981;  62 FR 4170 , Jan. 29, 1997]

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