§  1.739   Primary jurisdiction referrals.

   (a) Any party to a case involving claims under the Act that has been
   referred to the Commission by a court pursuant to the primary
   jurisdiction doctrine must contact the Market Disputes Resolution
   Division of the Enforcement Bureau for guidance before filing any
   pleadings or otherwise proceeding before the Commission.

   (b) Based upon an assessment of the procedural history and the nature
   of the issues involved, the Market Disputes Resolution Division will
   determine the procedural means by which the Commission will handle the
   primary jurisdiction referral.

   (c) Failure to contact the Market Disputes Resolution Division prior to
   filing any pleadings or otherwise proceeding before the Commission, or
   failure to abide by the Division's determinations regarding the
   referral, may result in dismissal.

   [ 83 FR 44837 , Sept. 4, 2018]