§ 1.1114   Conditionality of Commission or staff authorizations.

   (a) Any instrument of authorization granted by the Commission, or by its
   staff under delegated authority, will be conditioned upon final payment of
   the applicable fee or delinquent fees and timely payment of bills issued by
   the Commission. As applied to checks, bank drafts and money orders, final
   payment shall mean receipt by the Treasury of funds cleared by the financial
   institution on which the check, bank draft or money order is drawn.

   (1) If, prior to a grant of an instrument of authorization, the Commission
   is notified that final payment has not been made, the application or filing
   will be:

   (i) Dismissed and returned to the applicant;

   (ii) Shall lose its place in the processing line;

   (iii) And will not be accorded nunc pro tunc treatment if resubmitted after
   the relevant filing deadline.

   (2)  If,  subsequent to a grant of an instrument of authorization, the
   Commission is notified that final payment has not been made, the Commission
   will:

   (i) Automatically rescind that instrument of authorization for failure to
   meet the condition imposed by this subsection; and

   (ii) Notify the grantee of this action; and

   (iii)  Not  permit nunc pro tunc treatment for the resubmission of the
   application or filing if the relevant deadline has expired.

   (3) Upon receipt of a notification of rescision of the authorization, the
   grantee  will  immediately  cease operations initiated pursuant to the
   authorization.

   (b)  In those instances where the Commission has granted a request for
   deferred payment of a fee or issued a bill payable at a future date, further
   processing of the application or filing, or the grant of authority, shall be
   conditioned upon final payment of the fee, plus other required payments for
   late payments, by the date prescribed by the deferral decision or bill.
   Failure to comply with the terms of the deferral decision or bill shall
   result in the automatic dismissal of the submission or rescision of the
   Commission authorization for failure to meet the condition imposed by this
   subpart. The Commission reserves the right to return payments received after
   the date established on the bill and exercise the conditions attached to the
   application. The Commission shall:

   (1) Notify the grantee that the authorization has been rescinded;

   (i) Upon such notification, the grantee will immediately cease operations
   initiated pursuant to the authorization.

   (ii) [Reserved]

   (2) Not permit nunc pro tunc treatment to applicants who attempt to refile
   after the original deadline for the underlying submission.

   (c) (1) Where an applicant is found to be delinquent in the payment of
   application  fees,  the Commission will make a written request for the
   delinquent fee, together with any penalties that may be due under this
   subpart. Such request shall inform the applicant/filer that failure to pay
   or make satisfactory payment arrangements will result in the Commission's
   withholding action on, and/or as appropriate, dismissal of, any applications
   or  requests  filed  by the applicant. The staff shall also inform the
   applicant of the procedures for seeking Commission review of the staff's fee
   determination.

   (2) If, after final determination that the fee is due or that the applicant
   is delinquent in the payment of fees, and payment is not made in a timely
   manner, the staff will withhold action on the application or filing until
   payment  or  other  satisfactory  arrangement  is  made. If payment or
   satisfactory arrangement is not made within 30 days of the date of the
   original notification, the application will be dismissed.

   [ 52 FR 5289 ,  Feb. 20, 1987, as amended at  55 FR 19171 , May 8, 1990.
   Redesignated at  59 FR 30998 , June 16, 1994. Redesignated at  60 FR 5326 , Jan.
   27, 1995, as amended at  69 FR 27847 , May 17, 2004. Redesignated and amended
   at  74 FR 3445 , Jan. 21, 2009]

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