§  1.92   Revocation and/or cease and desist proceedings; after waiver of
hearing.

   (a) After the issuance of an order to show cause, pursuant to §  1.91,
   calling upon a person to appear at a hearing before the Commission, the
   occurrence of any one of the following events or circumstances will
   constitute a waiver of such hearing and the proceeding thereafter will
   be conducted in accordance with the provisions of this section.

   (1) The respondent fails to file a timely written appearance as
   prescribed in §  1.91(c) indicating that he will appear at a hearing
   and present evidence on the matters specified in the order.

   (2) The respondent, having filed a timely written appearance as
   prescribed in §  1.91(c), fails in fact to appear in person or by his
   attorney at the time and place of the duly scheduled hearing.

   (3) The respondent files with the Commission, within the time specified
   for a written appearance in §  1.91(c), a written statement expressly
   waiving his rights to a hearing.

   (b) When a hearing is waived under the provisions of paragraph (a) (1)
   or (3) of this section, a written statement signed by the respondent
   denying or seeking to mitigate or justify the circumstances or conduct
   complained of in the order to show cause may be submitted within the
   time specified in §  1.91(c). The Commission in its discretion may
   accept a late statement. However, a statement tendered after the
   specified time has expired will not be accepted unless accompanied by a
   petition stating with particularity the facts and reasons relied on to
   justify such late filing. Such petitions for acceptance of a late
   statement will be granted only if the Commission determines that the
   facts and reasons stated therein constitute good cause for failure to
   file on time.

   (c) Whenever a hearing is waived by the occurrence of any of the events
   or circumstances listed in paragraph (a) of this section, the Chief
   Administrative Law Judge (or the presiding officer if one has been
   designated) shall, at the earliest practicable date, issue an order
   reciting the events or circumstances constituting a waiver of hearing,
   terminating the hearing proceeding, and certifying the case to the
   Commission. Such order shall be served upon the respondent.

   (d) After a hearing proceeding has been terminated pursuant to
   paragraph (c) of this section, the Commission will act upon the matters
   specified in the order to show cause in the regular course of business.
   The Commission will determine on the basis of all the information
   available to it from any source, including such further proceedings as
   may be warranted, if a revocation order and/or a cease and desist order
   should issue, and if so, will issue such order. Otherwise, the
   Commission will issue an order dismissing the proceeding. All orders
   specified in this paragraph will include a statement of the findings of
   the Commission and the grounds and reasons therefor, will specify the
   effective date thereof, and will be served upon the respondent.

   (e) Corrections or promise to correct the conditions or matters
   complained of in a show cause order shall not preclude the issuance of
   a cease and desist order. Corrections or promises to correct the
   conditions or matters complained of, and the past record of the
   licensee, may, however, be considered in determining whether a
   revocation and/or a cease and desist order should be issued.

   (Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312)

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  29 FR 6443 , May 16, 1964;  37 FR 19372 , Sept. 20, 1972]

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