§  1.277   Exceptions; oral arguments.

   (a) The consolidated supporting brief and exceptions to the initial
   decision (see §  1.276(a)(2)), including rulings upon motions or
   objections, shall point out with particularity alleged material errors
   in the decision or ruling and shall contain specific references to the
   page or pages of the transcript of hearing, exhibit or order if any on
   which the exception is based. Any objection not saved by exception
   filed pursuant to this section is waived.

   (b) Within the period of time allowed in §  1.276(a) for the filing of
   exceptions, any party may file a brief in support of an initial
   decision, in whole or in part, which may contain exceptions and which
   shall be similar in form to the brief in support of exceptions (see
   §  1.276(a)(2)).

   (c) Except by special permission, the consolidated brief and exceptions
   will not be accepted if the exceptions and argument exceed 25
   double-spaced typewritten pages in length. (The table of contents and
   table of citations are not counted in the 25 page limit; however, all
   other contents of and attachments to the brief are counted.) Within 10
   days, or such other time as the Commission or delegated authority may
   specify, after the time for filing exceptions has expired, any other
   party may file a reply brief, which shall not exceed 25 double spaced
   typewritten pages and shall contain a table of contents and a table of
   citations. If exceptions have been filed, any party may request oral
   argument not later than five days after the time for filing replies to
   the exceptions has expired. The Commission or delegated authority, in
   its discretion, will grant oral argument by order only in cases where
   such oral presentations will assist in the resolution of the issues
   presented. Within five days after release of an order designating an
   initial decision for oral argument, as provided in paragraph (d) of
   this section, any party who wishes to participate in oral argument
   shall file a written notice of intention to appear and participate in
   oral argument. Failure to file a written notice shall constitute a
   waiver of the opportunity to participate.

   (d) Each order scheduling a case for oral argument will contain the
   allotment of time for each party for oral argument before the
   Commission. The Commission will grant, in its discretion, upon good
   cause shown, an extension of such time upon petition by a party, which
   petition must be filed within 5 days after issuance of said order for
   oral argument.

   (e) Within 10 days after a transcript of oral argument has been filed
   in the Office of the Secretary, any party who participated in the oral
   argument may file with the Commission a motion requesting correction of
   the transcript, which motion shall be accompanied by proof of service
   thereof upon all other parties who participated in the oral argument.
   Within 5 days after the filing of such a motion, other parties may file
   a pleading in support of or in opposition to such motion. Thereafter,
   the officer who presided at the oral argument shall, by order, specify
   the corrections to be made in the transcript, and a copy of the order
   shall be served upon all parties to the proceeding. The officer who
   presided at the oral argument may, on his own initiative, by order,
   specify corrections to be made in the transcript on 5 days notice of
   the proposed corrections to all parties who participated in the oral
   argument.

   (f) Any commissioner who is not present at oral argument and who is
   otherwise authorized to participate in a final decision may participate
   in making that decision after reading the transcript of oral argument.

   (Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  41 FR 14873 , Apr. 8, 1976;
    41 FR 34259 , Aug. 13, 1976;  44 FR 12426 , Mar. 7, 1979;  56 FR 793 , Jan.
   9, 1991;  62 FR 4171 , Jan. 29, 1997;  71 FR 15618 , Mar. 29, 2006]

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