§  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 a presiding officer in hearing
   proceedings, or to orders designating a matter for hearing issued under
   delegated authority. See § § 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). 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 be acted upon by the
   Commission, except in those cases where a Bureau or Office has been
   delegated authority to dismiss an application for review.

   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.

   [ 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;  85 FR 63173 , Oct. 6, 2020;  86 FR 12547 , Mar. 4, 2021]