FCC 1.291 Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 1.291 General provisions.
(a)(1) The Commission acts on petitions to amend, modify, enlarge or
delete the issues in hearing proceedings which involve rule making
matters exclusively. It also acts on interlocutory pleadings filed in
matters or proceedings which are before the Commission.
(2) The Chief Administrative Law Judge acts on those interlocutory
matters listed in § 0.351 of this chapter.
(3) All other interlocutory matters in hearing proceedings are acted on
by the presiding officer. See § § 0.218 and 0.341 of this chapter.
(4) Each interlocutory pleading shall indicate in its caption whether
the pleading is to be acted upon by the Commission, the Chief
Administrative Law Judge, or the presiding officer. If the pleading is
to be acted upon by the presiding officer, he shall be identified by
name.
(b) All interlocutory pleadings shall be submitted in accordance with
the provisions of § § 1.4, 1.44, 1.47, 1.48, 1.49, and 1.52.
(c)(1) Procedural rules governing interlocutory pleadings are set forth
in § § 1.294-1.298.
(2) Rules governing appeal from, and reconsideration of, interlocutory
rulings made by the presiding officer are set forth in § § 1.301 and
1.303.
(3) Rules governing the review of interlocutory rulings made by the
Chief Administrative Law Judge are set forth in § § 1.101, 1.102(b),
1.115, and 1.117. Petitions requesting reconsideration of an
interlocutory ruling made by the Commission, or the Chief
Administrative Law Judge will not be entertained. See, however,
§ 1.113.
(d) No initial decision shall become effective under § 1.276(e) until
all interlocutory matters pending before the Commission in the
proceeding at the time the initial decision is issued have been
disposed of and the time allowed for appeal from interlocutory rulings
of the presiding officer has expired.
(Secs. 4(i), 303(r) and 5(c)(1) of the Communications Act of 1934, as
amended; 47 CFR 0.61 and 0.283)
[ 29 FR 6443 , May 16, 1964, as amended at 29 FR 12773 , Sept. 10, 1964;
37 FR 19372 , Sept. 20, 1972; 41 FR 14873 , Apr. 8, 1976; 49 FR 4381 ,
Feb. 6, 1984; 62 FR 4171 , Jan. 29, 1997]
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