§  1.302   Appeal from presiding officer's final ruling; effective date of
ruling.

   (a) If the presiding officer's ruling terminates a hearing proceeding,
   any party to the proceeding, as a matter of right, may file an appeal
   from that ruling within 30 days after the ruling is released.

   (b) Any party who desires to preserve the right to appeal shall file a
   notice of appeal within 10 days after the ruling is released. If a
   notice of appeal is not filed within 10 days, the ruling shall be
   effective 30 days after the ruling is released and within this period,
   may be reviewed by the Commission on its own motion. If an appeal is
   not filed following notice of appeal, the ruling shall be effective 50
   days after the day of its release and, within this period, may be
   reviewed by the Commission on its own motion. If an appeal is filed, or
   if the Commission reviews the ruling on its own motion, the effect of
   the ruling is further stayed pending the completion of proceedings on
   appeal or review.

   (c) The appeal shall conform with the specifications set out in §  1.49
   and shall be subscribed and verified as provided in §  1.52.

   (d) The appeal shall be served on parties to the proceeding (see
   § §  1.47 and 1.211), and shall be filed with the Secretary, Federal
   Communications Commission, Washington, D.C. 20554.

   (e) The appeal shall not exceed 25 double-spaced typewritten pages.

   (f) The Commission will act on the appeal.

   (g) Oppositions and replies shall be filed and served in the same
   manner as the appeal. Oppositions to an appeal shall be filed within 15
   days after the appeal is filed. Replies to oppositions shall be filed
   within 10 days after the opposition is filed and shall be limited to
   matters raised in the oppositions. Oppositions shall not exceed 25
   double-spaced typewritten pages. Replies shall not exceed 10
   double-spaced typewritten pages.

   [ 35 FR 17333 , Nov. 11, 1970, as amended at  36 FR 7423 , Apr. 20, 1971;
    62 FR 4171 , Jan. 29, 1997]

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The Discovery and Preservation of Evidence

   Authority: Sections 1.311 through 1.325 are issued under secs. 4, 303,
   409, 48 Stat., as amended, 1066, 1082, 1096; 47 U.S.C. 154, 303, 409, 5
   U.S.C. 552.

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